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 California , as if the Terms and Conditions were a contract wholly entered into and wholly performed within California . Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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.

Copyright © 2003-2007, The New Milani Group, Inc.
All rights reserved.