TERMS AND CONDITIONS – LEGAL STATEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THE NEW MILANI GROUP, INC.’S
WEBSITE.
Welcome to The New Milani Group, Inc. Website! (the
"Website").The New Milani Group, Inc. (“Milani”, "we",
"us" or "our") provides the services available on the
Website to you subject to the following terms and conditions (the "Terms
and Conditions"). BY ACCESSING OR USING THE NEW MILANI GROUP, INC.
WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE,
WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS.
I. Privacy
Please review our PRIVACY POLICY that also governs your visit
to the Website, so that you may understand The New Milani Group, Inc.’s
policies.
II. Accuracy of Information
Milani attempts to be as accurate as possible when describing our products on
the Website; however, to the extent permitted by applicable law, we do not
warrant that the product descriptions, colors or other content available on the
Website is accurate, complete, reliable, current, or error-free.
III. Intellectual Property
Please review our COPYRIGHT STATEMENT that also governs your
visit to the Website.
IV. Copyright Complaints
Milani respects the intellectual property of others. If you believe that a work
has been copied on the Website in a way that constitutes copyright
infringement, please send a written notice of a claimed infringement to The New
Milani Group, Inc. Legal Department, P.O. Box 58585, Los Angeles CA. 90058.
V. Representations and Warranties; Limitation of Liability
The Milani Website 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 Website, including but not limited to warranties of
merchantability, non-infringement of fitness for a particular purpose, unless
such representations and warranties are not legally excludable.
You agree that Milani will not be responsible or liable, under any
circumstances for:
- (1)
Events beyond our reasonable control.
- (2)
Any interruption of business.
(3) Any computer viruses, system failure or malfunction
which may occur in connection with your use of the website, including during
hyperlink to or from Third Party websites.
(4) Any access delays or access interruptions to
the Website.
(5) Any data non-delivery, miss-delivery,
corruption, destruction, or other modification.
(6) Any loss or damages of any sort incurred as
a result of dealing with or in the presence of off-website links on the
Website.
FURTHER, TO THE MAXIMUM 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 WEBSITE REGARDLESS OF THE FORM
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), 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).
VI. Indemnification
You agree to defend, indemnify and hold The New Milani Group, Inc. 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
Website. You also agree to indemnify The New Milani Group, Inc. 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.
VII. Disputes
With respect to any dispute regarding the Milani Website, your rights and
obligations and all actions contemplated by these Terms and Conditions shall be
governed by the laws of
VIII. General
You acknowledge and agree that these Terms and Conditions, together with our PRIVACY
POLICY and COPYRIGHT STATEMENT, constitute the
complete and exclusive agreement between us concerning your use of the Website,
and supersede and govern all prior proposals, agreements, or other
communications.
The New Milani Group, Inc. reserves the right, in our sole
discretion, to change these Terms and Conditions at any time by posting the
changes on the Website. Any changes are effective immediately upon posting to
the Website. Your continued use of the Website constitutes your agreement to
all such terms and conditions. The New Milani Group, Inc. may, with or without
prior notice, terminate any of the rights granted by these Terms and
Conditions. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be
construed as creating any agency, partnership, or other form of joint
enterprise between us. Our failure to require your performance of any provision
hereof shall not affect the full right to require such performance at any time
thereafter, nor shall our waiver of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that any provision
of these Terms and Conditions shall be unenforceable or invalid under any
applicable law or be so held by any applicable court decision, such
unenforceability or invalidity shall not render these Terms and Conditions
unenforceable or invalid as a whole. We will amend or replace such provision
with one that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent as reflected in the original
provision.
If you have any questions regarding these Terms and
Conditions, please contact us by e-mail at legal@milanicosmetics.com.
