ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
This Site is provided by DEVONNE, LLC, and these Terms and Conditions provide to you a limited, non-exclusive, non-transferable, and non-sublicensable license to use this Site solely for your personal use and conditioned on your continued compliance with these Terms and Conditions.
The foregoing license is limited. You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Site (or any part thereof) in any manner not expressly permitted by this Agreement; (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Site (or any part thereof); (3) access, link to, or use any source code from the Site (or any part thereof); or (4) erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
USE OF THE WEBSITE
Subject to DEVONNE’s right to monitor or audit compliance, you acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Site, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Site. We maintain the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only with our prior written consent. Without limiting the foregoing, you agree not to: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others' use of the Site; (3) impersonate another person while using the Site, including, but not limited to, an official or representative of DEVONNE; (4) impair the Site's operation or interfere with or disrupt the servers or networks connected to it; (5) interfere with our intellectual property rights; (6) frame or otherwise co-brand the Site or any of its content; (7) deep-link to any portion of the Site; (8) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (9) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (10) upload, post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network; (11) conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using the Site; (12) Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); or (13) use the Website for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Website, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action. You further represent that DEVONNE Products has the right to rely upon all information provided to DEVONNE by You, and DEVONNE may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to DEVONNE that (1) you are at least the legal age of majority, (2) you are authorized to enter into this Agreement, (3) you will access and view the Site and the Materials for your personal, non-commercial use only; (4) that You will not re-sell, re-distribute or export any Product that You order from the Site; (5) you will not use the Site or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of DEVONNE or any third party; (6) any information or data provided to DEVONNE by you will not violate any law or regulation or infringe the rights of DEVONNE or any third party; (7) all information that you provide to us in connection with the Site (e.g., name, e-mail address, and/or other information) is true and accurate; and (8) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
Purchasing Items on our Website
All transactions made through the site are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. Please note that the Site does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the site.
Order and Payment Information
Usage of the site or other means to purchase one of our product, payment must be received by DEVONNE, LLC prior to DEVONNE, LLC's acceptance of an order, unless otherwise agreed by DEVONNE, LLC. All DEVONNE, LLC products are subject to sales tax which will be applied to your order total. In the United States, DEVONNE, LLC is required to collect applicable state and local sales tax on orders shipped to certain states. DEVONNE, LLC is required to follow the rules of each state. Your final order will include the appropriate state and local taxes. DEVONNE, LLC may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, DEVONNE, LLC will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. DEVONNE, LLC expressly conditions its acceptance of your order on your agreement to this Agreement.
Ordering products through the site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to DEVONNE, LLC is registered to you. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to this Agreement.
DEVONNE, LLC reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the site without incurring any obligation to you.
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the site and if errors are discovered, we correct them. Be advised that DEVONNE, LLC reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "ORDER NOW", "I ACCEPT" or such similar links as may be designated by the DEVONNE, LLC to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Terms and Conditions. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
If you are placing an order online as part of one of our automatic replenishment programs (“Programs”), your membership in the program will remain in effect until it is cancelled.
The Programs are only available to customers with a valid address in the United States or Canada.
IF YOU HAVE PROVIDED US WITH A VALID CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED AT THE TIME OF EACH SHIPMENT AND/OR IN INSTALLMENTS. If you choose to enroll in the Programs, you will receive a DEVONNE® by Demi Kit on a reoccurring basis and your card or alternate payment method will be charged automatically with each successive shipment and/or installment and will be billed to the payment method you provided to us at the time of your initial purchase and enrollment into the Program.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN ONE OF OUR AUTOMATIC REPLENISHMENT PROGRAMS, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE TOLL-FREE AT +1-844-795-4476 BETWEEN 5AM PT AND 5PM PT, MONDAY - FRIDAY. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative Toll-Free at +1-844-795-4476.
Shipping and Return Policy (US and Canada Customers)
Within US and Canada, with Standard Delivery, most products will reach you within 5 to 7 business days. You may return items in accordance with the Returns instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service Toll-Free at +1-844-795-4476 for assistance. Every DEVONNE by Demi™ purchase includes a 60-day money-back guarantee of the purchase price, but you will be responsible for the shipping and handling costs of any Product you return.
Shipping and Return Policy (Customers not living in the US or Canada)
With Standard International Delivery, most products will reach you within 10 to 25 business days. PRODUCTS SHIPPED TO AN ADDRESS OUTSIDE US or CANADA ARE FINAL SALES.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
You will have the opportunity through our Sites to e-mail us questions you may have for our featured expert regarding our skin care products and/or other products in general. Please do not send us any medical, therapeutic, treatment, or other questions that should only be answered by a licensed physician. DEVONNE, LLC, and the experts featured on the Site do not provide medical advice, and we urge you to contact your Physician if you feel you require medical attention, advice, or treatment.
The contents of the Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including Java and html codes), products, multimedia clips, logos, button icons, banners and software information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by DEVONNE or its licensors. Any rights granted hereby are expressly licensed. DEVONNE does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site and Material is Copyright © 2014 DEVONNE, LLC. and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of DEVONNE or its owner if DEVONNE is not the owner. DEVONNE and all other names, logos, and icons identifying DEVONNE and its products and services are proprietary trademarks of DEVONNE (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of DEVONNE is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us). You may print a copy of the Material on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Material. Any other use of the Material is strictly prohibited. The Site may also contain content that is owned by third parties. You may use such third-party content only as expressly authorized by the applicable owner.
All rights not expressly granted in these Terms and Conditions are reserved to DEVONNE, LLC, or its affiliated companies and/or third part licensors, whichever is the owner of any specific material. As such, no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of any such material on any other Web Site or computer environment is prohibited. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another user(s), or any other systems or networks connected to this Site or to any DEVONNE, LLC, server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or DEVONNE, LLC's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to DEVONNE, LLC, on or through the Site, (viii) use the Site or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact DEVONNE, LLC. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without the written permission of DEVONNE, LLC, or the respective owner of the trademark.
While we use our best efforts to maintain the accuracy and reliability of the Site, DEVONNE makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site. DEVONNE also does not represent or warrant that the Site will always operate error-free, uninterrupted, or in a manner that will meet your requirements. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE AND THE MATERIALS AND PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY AND DISCLAIMER
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL DEVONNE, ITS RELATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS RESULTING FROM A CAUSE BEYOND DEVONNE’S CONTROL, INCLUDING, BUT NOT LIMITED TO, OFFERS OR PROMOTIONS MADE AVAILABLE ON THE SITE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, ACTS OF GOD, STRIKES OR OTHER LABOR PROBLEMS, WARS, GOVERNMENTAL RESTRICTIONS, OR ANY CLAIM, DAMAGE, OR LOSS ARISING OUT OF TRANSACTIONS OR INTERACTIONS BETWEEN YOU, THIRD PARTY MERCHANTS OR ANYONE ELSE. YOU SPECIFICALLY ACKNOWLEDGE THAT DEVONNE SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ADDITIONALLY, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, DEVONNE, LLC, reserves the right to terminate immediately your access to and use of this Site. In addition, you agree that you will not make any transmission or submission to this Site that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, "Submissions") to chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) DEVONNE, LLC, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission (including without limitation your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. DEVONNE, LLC, may sublicense its rights through multiple tiers of sublicenses.
If you participate in a chat area, message or discussion board, forum, or e-mail function from this Site or submit your success story or testimonial for publication on our Site ("Public Areas") you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. DEVONNE, LLC, is not responsible for the consequences of any communications in the Public Areas.
Although DEVONNE, LLC, may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, DEVONNE, LLC, is under no obligation to do so and assumes no responsibility or liability arising from such materials nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such materials on this Site.
You agree that if you use any Public Areas, you must not:
• violate any local, state, national or international laws;
• defame, abuse, harass or threaten others;
• make any bigoted, hateful or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any intellectual property right of others or the privacy or publicity rights of others;
• post or distribute any unlawful, vulgar, obscene, slanderous, hateful, discourteous, derogatory, or indecent language or images or material that is embarrassing to any other person or entity;
• advertise or sell to or solicit others;
• use the Public Areas for commercial purposes of any kind;
• post or distribute any software or other materials which contain a virus or other harmful component;
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
• impersonate another person or post or transmit information anonymously or under a false name;
• collect information about others, including email addresses, without their consent;
• post chain letters or pyramid schemes;
• allow any other person or entity to use your account or identification for any purpose whatsoever, including posting or viewing comments;
• after receiving a warning, continue to disrupt the normal flow of dialogue in any Public Area;
• post the same note more than once or "spamming";
• engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which in the judgment of DEVONNE, LLC, exposes DEVONNE, LLC, or any of its customers, licensors, or suppliers to any liability or detriment of any type.
DEVONNE, LLC, does not and cannot review all communications and materials posted or uploaded to this Site and is not responsible for the content of these communications or materials. However, we reserve the right (but not the obligation) to monitor these Public Areas and to refuse to post, remove or edit content from any of these areas at any time and for any reason. In addition, we reserve the right to take any action we think necessary to enforce compliance with your agreement or to protect the personal safety of our users or the public, including recording dialogue in public chat rooms and terminating a user’s access to the Public Areas or the Site. DEVONNE, LLC, has no liability or responsibility to users of this Site or any other person or entity for performance or nonperformance of any such activities.
You have no reasonable expectation of privacy while using the Site because DEVONNE reserves the right to view, monitor, and/or record activity on the Site (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Actual or attempted unauthorized use of the Site may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by DEVONNE for use of or with the Site. Moreover, you also acknowledge that any breach, threatened or actual, of this Agreement by you may cause irreparable injury to DEVONNE and/or its licensors, such injury would not be quantifiable in monetary damages, and DEVONNE and/or its licensors would not have an adequate remedy at law. You therefore agree that DEVONNE and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that DEVONNE or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to DEVONNE to enforce any provision of this Agreement. DEVONNE will also comply with all court orders involving requests for such information. In addition to the foregoing, DEVONNE reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, DEVONNE, or DEVONNE's business. Moreover, you acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable injury to DEVONNE, LLC, such injury would not be quantifiable in monetary damages, and DEVONNE, LLC. would not have an adequate remedy at law. You therefore agree that DEVONNE, LLC, shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that DEVONNE, LLC, post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to DEVONNE, LLC, to enforce any provision of these Terms and Conditions.
LINKS TO OTHER SITES
This Site may include links to third-party websites. For example, if you "click" on a banner advertisement or a link, the "click" may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. The inclusion of any link on the Site does not imply our endorsement of it, and DEVONNE expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites.
TERMINATION OF ACCOUNT
DEVONNE, LLC, reserves the right in our sole discretion to terminate or restrict your use of the Site, without notice, at any time and for any or no reason, and without liability to you or any third party.. You may also terminate these Terms and Conditions at any time by ceasing to use the Site, but all applicable provisions of these Terms and Conditions will survive termination, as identified below.
You agree to indemnify, defend and hold DEVONNE, our related companies, our affiliates and each of our and their respective officers, directors, employees, owners, agents, third party information providers, affiliates, contractors, licensors, licensees, and others involved in the delivery of products, services, or information through the Site (collectively, the "Indemnified Parties") harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of this Site or any website to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Unless otherwise specified, this Site is directed towards, and any coupons, promotions and programs are offered only to, residents of the United States of America, the US Virgin Islands, Puerto Rico and Guam. In addition, any contests or sweepstakes offered are offered only to residents of the United States of America. We make no representation that material on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Qualified Referral.
- A Qualified Referral is defined as a purchase made at www.devonnebydemi.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer.
- The Referred Customer and the Referrer cannot be the same person even if using a different email address.
- Referral Rewards.
- For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $29.95 in total value, after accounting for fees, taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees. Rewards notifications are sent by email to the address you provided. Rewards have no cash value and cannot be sold or exchanged against goods or services.
- Reward Redemption.
- Rewards are redeemable in increments of US$10. The maximum Qualified Referrals earned per calendar year may not exceed 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards. Rewards redeemable against your next shipment is only available to customers that opted in to our monthly subscription delivery program. Others may redeem their reward against their next purchase.
- Eligibility is limited to individuals only. DEVONNE’s Refer-a-Friend Program may not be used by businesses for affiliate lead generation, as determined in DEVONNE’s sole discretion. Rewards and discounts can only be used on our website at http://devonnebydemi.com. Rewards and discounts are not redeemable via phone or mail orders. The DEVONNE Refer-a-Friend program is only available to U.S. and Canada customers.
- No Spam.
- You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from DEVONNE’s Refer-a-Friend program.
- Right to Close Accounts.
- DEVONNE reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the DEVONNE Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms.
- DEVONNE reserves the right to cancel the Devonne Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
LAST UPDATED October 13, 2015