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GENERAL INFO a TERMS AND CONDITIONS |
SARAH-NOELLE TERMS AND CONDITIONS Welcome to the SARAH-NOELLE website (the "Site"). SARAH-NOELLE provides the content and services available on the Site to you subject to the following terms and conditions. ("Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy. These Terms and Conditions were last updated May 1, 2010. 1. Privacy Your privacy is extremely important to SARAH-NOELLE. Any information you share with SARAH-NOELLE will be used only to process your orders and to better serve you. We do not rent, sell, or otherwise share names, addresses, or email addresses with any other parties. You can order with confidence from the Site. All personal information entered during ordering is encoded using the very latest security technology. 2. Purchase Related Policies For retail customers SARAH-NOELLE retail prices are subject to change without notice. SARAH-NOELLE' online store reflects SARAH-NOELLE's current prices. These prices may differ from out-dated prices that may be reflected within various SARAH-NOELLE literature and/or price brochures. The products and services available through the retail Site, and any samples thereof we may provide to you, are for your personal use only. Regarding purchases made through the retail portion of the Site, you may not sell or resell any of these products or samples you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of an order that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to orders placed through this Site (such as order processing, shipping and handling, and returns), click here. For wholesale customers SARAH-NOELLE wholesale prices are subject to change without notice. SARAH-NOELLE's online store reflects SARAH-NOELLE's current wholesale prices. These prices may differ from prices that may be reflected within various SARAH-NOELLE literature and/or price brochures. New stores must register an SARAH-NOELLE wholesale account and provide the following information: business name, contact name, billing and shipping addresses, and current resale number. Additionally, all new stores must submit a current copy of its resale certificate by email (scanned image) or by U.S. Post to our office before we may approve a wholesale account for any new store. Our mailing is address: SARAH-NOELLE, 1227 Nottingham Dr., Cary, NC 27511. The products and services available through the retail Site, and any samples thereof we may provide to you, are for distribution to your customers only. We reserve the right, with or without notice, to cancel or reduce the quantity of an order that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to reseller accounts, click here. 3. Medical Disclaimer Information on the Site is for informational purposes only and is intended to help you select the best products for your specific needs and desires. Information is not intended, and should not be construed, as medical advice and is not intended to diagnose, treat, cure, or prevent any disease. If you are concerned about a specific health problem, medical issues or disease, please consult your health care provider. SARAH-NOELLE products are very gentle for sensitive skin and reactions are extremely rare, but it is possible to be allergic to even natural substances. If you have known allergies or highly sensitive skin, please check SARAH-NOELLE product labels carefully for product ingredient information before using. SARAH-NOELLE recommends that you patch test any new product by applying a small amount to the inside of your forearm. Any reaction will usually occur within 24 hours. If you experience any skin irritation, please discontinue use of the product immediately and consult your health care provider. SARAH-NOELLE is not responsible for the misuse of any SARAH-NOELLE product. 4. Product Statements We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content on the Site are accurate, complete, reliable, current, or error-free. All product statements on the Site are for informational purposes only. They have not been evaluated by the U.S. Food and Drug Administration. 5. Intellectual Property All content available on the Site, including but not limited to text, graphics, logos, button icons, images, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of SARAH-NOELLE, and is protected by United States and International copyright laws. The trademarks and logos displayed on the Site (collectively "Trademarks") are the unregistered marks of SARAH-NOELLE in the United States, and are protected by United States and international trademark laws. Except as set forth in the limited licenses in Section 5 below, or as required by applicable law, neither the Content or Trademarks, nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. 6. Limited Licenses We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: 1) frame or utilize framing techniques to enclose the Site or any portion thereof; 2) modify or download the Site or Content (except caching or as necessary to view the Site; 3) make any use of the Site or Content other than personal use; 4) create any derivative work based upon either the Site or Content; 5) collect account information for the benefit of yourself or another party; 6) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or 7) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site 1) may link to, but not replicate, our Content; 2) may not imply that we are endorsing such website or its services or products; 3) may not misrepresent its relationship with us; 4) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may only contain content that is lawful and appropriate for all ages; 5) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; 6) may not use any Trademark; and 7) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request you shall immediately remove such link. Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions. 7. Your Obligations and Responsibilities In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom, and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms or Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to SARAH-NOELLE. 8. Third Party Links We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by SARAH-NOELLE. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining, evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to us or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. 9. Representation and Warranties; Limitation of Liability THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) UNDER ANY CIRCUMSTANCES, FOR ANY: 1) INTERRUPTION OF BUSINESS; 2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; 3) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; 4) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; 5) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; 6) ANY INACCURACIES OR OMISSIONS IN CONTENT OR; 7) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). 10. Indemnification You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages or costs, including reasonable attorneys fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. 11. Disputes With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of North Carolina, as if the Terms and Conditions were a contract wholly entered into and wholly performed within North Carolina. 12. Other Conditions These Conditions will supersede any terms and/or conditions you may received included with any SARAH-NOELLE purchase order, regardless of whether SARAH-NOELLE signs them or not. SARAH-NOELLE reserves the right to make changes to this Site and these Conditions at any time without notice. |
“Baseball is a game where a curve is an optical illusion, a screwball can be a pitch or a person, stealing is legal and you can spit anywhere you like except in the umpire's eye or on the ball.” ~Jim Murray |