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PLEASE read these terms and conditions of use carefully before
using this website. By using AVON.CA or any other Website supervised
by Avon Canada Inc. ("AVON WEBSITES"), you agree to be bound by these Terms and
Conditions of Use. If you do not agree to these Terms and Conditions of Use,
please do not use the AVON WEBSITES. We reserve the right to change these Terms
and Conditions of Use, in whole or in part, at any time with or without notice.
You should always check these Terms and Conditions of Use prior to using the
AVON WEBSITES. Your continued use of the AVON WEBSITES following the posting of
changes to these Terms and Conditions of Use will mean you accept those changes.
RESTRICTED USES The AVON
WEBSITES are owned and created by Avon Products, Inc. and supervised by Avon
Canada Inc (referred to as "AVON", "we", "us" and "our"). The contents of the
AVON WEBSITES are copyrighted and protected by law. Except as stated herein,
none of the material on the AVON WEBSITES may be copied, reproduced,
distributed, republished, uploaded, displayed, posted or transmitted in any way
whatsoever. However, you may download material for your own personal,
non-commercial use, provided that you agree to abide by any copyright notice or
other restrictions contained in any material included in or accessed through the
AVON WEBSITES and include any author attribution, copyright or trademark notice
or restriction in any such material that you download. You may not use such
downloaded material for any commercial purpose. Modification of the materials or
use of the materials for any other purpose is a violation of copyright law and
other proprietary rights.
The use of any trademarks appearing on the
AVON WEBSITES or any other content on the AVON WEBSITES, except as expressly
provided in these Terms and Conditions of Use, is strictly prohibited.
BULLETIN BOARD AND E-MAIL AVON may
offer features such as bulletin boards or e-mail functions as part of the AVON
WEBSITES (referred to as "Interactive Medium"). You may not submit any material
that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous,
defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit
or otherwise objectionable that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any applicable law. Please do not
submit any material that is protected by copyright, patent, or other proprietary
right without obtaining permission of the copyright or patent owner or
rightholder.
The Interactive Medium shall not be used for any commercial
purposes. You will not submit any material to solicit funds or to promote,
advertise, or solicit the sale of any goods or services. You are expressly
prohibited from soliciting other guests of the AVON WEBSITES to become members
of any commercial online service or other organization.
Any information
or material submitted by you to the AVON WEBSITES through the Interactive Medium
will be deemed non-proprietary and non-confidential, and may be used by AVON
without restriction. Without limiting the foregoing, by offering any information
or material through the AVON Website (e.g., through chat, bulletin boards,
e-mail, contests or otherwise), you grant to AVON the worldwide, perpetual,
royalty-free, irrevocable, nonexclusive right and license to use, reproduce,
modify, edit, publish, make derivative works from and distribute such
information or materials in any and all forms and media, now or hereafter
discovered. Notwithstanding the foregoing, all personal data (e.g., name,
address and telephone number) provided to AVON will be handled in accordance
with the Security and Privacy Statement appearing on AVON WEBSITES.
We
reserve the right, in our sole discretion, to edit any submission, and to choose
to include or not include such submission in the Interactive Medium. The
Interactive Medium includes the opinions, statements and other content of third
parties. We are not responsible for screening, monitoring or verifying such
content, including such content's accuracy, reliability or compliance with
copyright or other laws. Any opinions, statements or other content expressed by
third parties are those of such third parties and not of AVON. AVON does not
endorse any such opinion, statement or other material posted on or accessible
through the Interactive Medium.
INTENDED
AUDIENCE Unless otherwise specified, the materials in the site
are presented solely for the purpose of promoting products available in Canada.
Avon Canada Inc. supervises this Website from its offices located in Canada.
Avon Canada Inc. makes no representation that materials contained in this
Website are appropriate or available for use in other locations. Those who
choose to access this Website from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local
laws are applicable.
DISCLAIMER
THE AVON WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVON MAKES NO
REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR
COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE AVON WEBSITES. ANY
RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. AVON MAKES NO
REPRESENTATION OR WARRANTY THAT THE AVON WEBSITES WILL BE AVAILABLE ON A TIMELY
BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE AVON WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. AVON WEBSITES MAY CONTAIN TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS AND MAY BE CHANGED OR UPDATED WITHOUT
NOTICE.AVON MAY ALSO MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS,
INFORMATION AND/OR SERVICES DESCRIBED IN THE AVON WEBSITES AT ANY TIME WITHOUT
NOTICE.
HYPERLINKS TO OR FROM OTHER
SITES AVON is not affiliated or associated with sponsors or
producers of any third-party websites that hyperlink to or from the AVON
WEBSITES. We explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or from the AVON
WEBSITES from such third parties. We cannot ensure that you will be satisfied
with any products or services that you purchase from a third-party site that
links to or from the AVON WEBSITES, since these third-party sites are owned and
operated by independent retailers. We do not endorse any of the merchandise, nor
have we taken any steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites. We do not make any
representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give any third party.
LIMITATION
OF LIABILITY IN NO EVENT SHALL AVON BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, DIRECT OR INDIRECT LOSSES OR
DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE AVON WEBSITES, EVEN
IF AVON OR AN AVON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AVON'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS
SITE.
INDEMNIFICATION You will
indemnify and hold AVON, and its subsidiaries, affiliates, directors, officers,
agents, contractors or other partners, and employees, harmless from and against
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of material or information you submit, post to or
transmit through a Interactive Medium, your use of the AVON WEBSITES, your
connection to the AVON WEBSITES, your violation of the Terms and Conditions of
Use, or your violation of any rights of another.
MISCELLANEOUS These Terms and Conditions of Use
shall be governed by the laws of the Province of Quebec, without regard to its
conflicts of laws principles. You agree that any lawsuit arising out of or
relating to these Terms and Conditions of Use shall be filed only in the courts
located in the Province of Quebec and you hereby consent and submit to the
jurisdiction of such courts for the purposes of litigating any such lawsuit. If
any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions.
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