PAULYESTHER.COM

Please read these terms of use and services carefully.  PAULYESTHER.COM (“PAULYESTHER.COM”, “we”, “our”, “us”) website(s) (our “website”, “site”, “sites”) and related services are made available to site visitors (“you”, “your”, “yours”) pursuant to the following Terms of Use and Services as well as any other rules posted on our site (collectively, the “TOS”).  You are accepting and consenting to the practices described in the TOS by: (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

We may modify the TOS from time to time and your continued use of this Site (or any of our affiliated Sites) following such change shall signify your agreement to be bound by the modified TOS.

Anyone wishing to use our services must read and agree to be bound by our policies relating to those services.  In particular, we draw your attention to our PRIVACY POLICY.  If you are under 18 years of age, you must let your parent/guardian know about PAULYESTHER.COM’s PRIVACY POLICY and TOS before you register to use this site or any of this site’s services.

REGISTRATION

To use some of the services/features made available to you on this site (such as placing an order), you must be registered with us.  We may change the registration requirements from time to time.  When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects.  Should any of your registration information change, please notify us immediately via email customerservice@paulyesther.com or you may change your profile information by logging into “your account.”  You may also want to refer to our PRIVACY POLICY.

INTELLECTUAL PROPERTIES RIGHTS

You acknowledge and agree that all copyright materials, trademarks, content and information including but not limited to technical, contractual, product, program, pricing marketing, data, text, photographs, graphics, images, designs, videos, audio, HTML and other code, software, and other valuable information contained in this Site, shall be and remain the property of PAULYESTHER.COM or it’s respective owners.

You are permitted to use the above listed content only as expressly authorized by PAULYESTHER.COM and/or its third party licensors.  You agree not to reproduce, redistribute, re-publish, copy, modify, mirror, download, sell, or create derivative works from the Content or the Site, in whole or in part, by any means. You must not remove or modify copyright, trademark, or other notice of ownership.  Violators of the above listed will be prosecuted to the fullest extent permissible under applicable law.

CONTENT

Content includes any photographs, graphics, including all image rights, video, all audio, or text on this site.  Although PAULYESTHER.COM tries to ensure that the information on this site is accurate and complete, PAULYESTHER.COM does not warrant or represent that content on this Site is accurate, error-free, reliable, or that your use of PAULYESTHER.COM’s content will not infringe rights of third parties.  Your use of the Web Site is at your own risk.  PAULYESTHER.COM does not warrant the functional aspects of the Web Site or that Contents will be error free.  PAULYESTHER.COM does not warrant that this Web Site, PAULYESTHER.COM’s Content, or the server that makes it available are free of viruses or other harmful components.  PAULYESTHER.COM is not responsible for any costs of servicing or replacing property, material, equipment or data resulting from use of this Site and the Contents.  PAULYESTHER.COM and its suppliers make no warranties about PAULYESTHER.COM’s  Content, software, text, downloads, graphics, and links.  You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this site.  PAULYESTHER.COM reserves the right to withdraw (temporarily or permanently) or change any Content from this Site at any time and for any reason.  You confirm that PAULYESTHER.COM is not liable to you or any third party for any such withdrawal or revision.

CONTENT PROVIDED VIA LINKS TO THIRD PARTY SITES

You may find links to other internet sites or resources operated by parties other than PAULYESTHER.COM on the Site.  You acknowledge and agree that PAULYESTHER.COM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  Nor are we responsible for the availability of such eternal sites or resources.  PAULYESTHER.COM will not be responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through and such site or resource.

YOUR ACTIVITY

You use this Site at your own risk.  When you use this Site, you agree that you are personally responsible for all of your communication and activity on this Site.  We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice and may be temporary or permanent.

NO COMMERCIAL USE

This Site is for your personal, non-commercial use ONLY.  You may not use this Site or any of its Content for any commercial purposes, including, but not limited to advertising or generating advertising revenue on your own site.  Copying, modifying, reproducing, distributing, displaying, transmitting, transferring, publishing, licensing, commercially exploiting, creating derivative works from, selling any content, software, products, or services contained within this site is strictly prohibited.

LIMITATION OF LIABILITY

In no event shall PAULYESTHER.COM be liable under contract, tort or otherwise, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business, goodwill or opportunity) arising from or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Site, regardless of whether or not PAULYESTHER.COM or any of its affiliates has been advised of the possibility of such loss or damage, except where prohibited by law.

You acknowledge that we are not responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

ENTIRE AGREEMENT

The TOS (as amended from time to time) constitutes the entire agreement between you and PAULYESTHER.COM regarding the use of this Site.  In the event that any other rules, code of conduct, oral information or explanation given by any party, or other matter posted on this site conflicts with the TOS, the TOS shall govern.  In agreeing to accept the TOS, you confirm that you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.

WAIVER

No waiver by us shall be construed of any breach (proceeding or succeeding) of any provision.

GOVERNING LAW

The TOS and all our policies/procedures are governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be fully performed in that State, without giving effect to conflicts of laws principles and you irrevocably submit to the exclusive jurisdiction of the courts of the State of California.