Terms of service
MareePourToi.com Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Your Use of This Website Is Governed By An Agreement To Arbitrate Disputes. You Agree To Submit All Disputes Concerning This Agreement, Your Use of This Website, and Any Products or Services You Purchase Through the Website To Confidential, Binding Individual Arbitration, And You Agree To Give Up Your Right To Represent Other Persons In A Class Action or Similar Proceeding.
By using this Website (the “Site”), you signify your acceptance of these terms and conditions of use (“Terms of Use”) and the Privacy Notice. If you do not agree to all of the Terms of Use and the Privacy Notice, do not use this Site.
Maree Pour Toi, LLC (“Marée Pour Toi”) may revise these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties.
Ownership and Protection of Content
The Site is owned and operated by Marée Pour Toi or one of its affiliated companies. The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, audio or video materials, information obtained from Marée Pour Toi’s licensors or other third parties, and other materials (“Contents”) is protected by copyright, trademark and other intellectual property or other proprietary laws under both the United States and foreign laws. All of the Contents are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use the Contents without Marée Pour Toi or its licensors’ prior written consent, except as otherwise described herein. Title to the Contents remains with Marée Pour Toi or its licensors.
Product Information
The prices displayed on the Site are quoted in US dollars and are valid and effective only in the United States. The technical specifications and settings of your computer and its display could affect the accuracy of the colors of products displayed on the Site.
User Restrictions
Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Marée Pour Toi or its licensors. Marée Pour Toi authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2018, Marée Pour Toi. All rights reserved” and retain other copyright and proprietary rights notices that were contained in the Contents. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Contents on any other Website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Marée Pour Toi and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Marée Pour Toi’s written permission, “mirror” any Contents contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Marée Pour Toi reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Registration, Accounts and Passwords
If you register and create an account on the Site, you agree to be responsible for: (a) maintaining the confidentiality of passwords or other account identifiers which you choose, and (b) all activities that occur on the Site when logged in using such passwords or account identifiers. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, please notify Marée Pour Toi immediately. Marée Pour Toi will assume that any communications Marée Pour Toi receives under your password-protected account have been made by you unless Marée Pour Toi receives notice otherwise.
User Submissions
The personal information you submit to Marée Pour Toi is governed by the Marée Pour Toi Privacy Notice. To the extent there is an inconsistency between the Terms of Use and the Privacy Notice, the Privacy Notice shall govern.
Liability of Marée Pour Toi and Its Licensors and Partners
The use of the Site, the Contents and Submissions are at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. Marée Pour Toi may make changes or improvements at any time. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND Marée Pour Toi DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Marée Pour Toi DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Marée Pour Toi DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT Marée Pour Toi) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS OF ANY DEVICES USED TO ACCES THE SITE
Marée Pour Toi ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY Marée Pour Toi, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY NOTICE.While Marée Pour Toi strives to provide accurate product and pricing information, pricing, pictorial or typographical errors may occur. Marée Pour Toi cannot confirm the price of an item until after it is ordered. If an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Marée Pour Toi shall have the right, at its sole discretion, to either refuse or cancel any orders placed for that item, or contact you for notification and instructions on such cancellation. Without limiting the language above, Marée Pour Toi does not represent that each item on this Site includes accurate pricing and product information and disclaims any liability as to such accuracy. Unless otherwise noted, prices for items ordered on the Site do not include shipping costs. Marée Pour Toi reserves the right to limit quantities to normal retail purchases or one-per-household, and to exclude resellers.
Indemnity
You agree to defend, indemnify and hold Marée Pour Toi, its officers, directors, employees, agents, licensors and partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your Submission, use of the Site or Contents, or your violation of these Terms of Use.
Links to Other Sites
This Site may contain links to third party websites, which may have privacy policies that differ from our own. These links are provided solely for the convenience of our Site visitors. We are not responsible for the content or privacy practices of such sites. We encourage you to review the privacy policies and terms of use of any third party websites or services.
General
Marée Pour Toi operates this Site from its offices within the United States of America, and makes no claims that the Contents or a Submission are appropriate or may be downloaded outside of the United States of America. Access to the Contents or Submissions may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Marée Pour Toi and Its Licensors and Partners, Use Restrictions, User Submissions, Indemnity, Applicable Laws and Complete Agreement.
Applicable Laws
These Terms of Use are governed in accordance with the laws of New York, the United States of America, without regard to its conflict of law provisions. If any provision of these Terms of Use is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Disputes
Marée Pour Toi, including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and you agree that any and all disputes or claims relating in any way to these Terms of Use, your use of the Site, or to any products or services sold or distributed by us or through the Site, including disputes concerning the scope or applicability of this agreement to arbitration ("Disputes"), as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Terms of Use became effective, will be resolved in a confidential, individual and fair arbitration process, and not in court. Each of us agrees to give up our right to sue in court (except small claims court), our right to have our claims heard by a jury, and our right to represent, in a class action or otherwise, anyone but ourselves.
The only exceptions to this arbitration agreement are that (a) each of you and we retain the right to sue in small claims court and (b) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act ("FAA"), 9 U.S.C. ?? 1-16, and federal arbitration law apply and govern the interpretation and enforcement of this Terms of Use.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
Commencing Disputes
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our New York office at 241 W 37th St., Suite 908, New York, NY 10018. During the first 45 days after we receive your notice (the "Pre-Arbitration Period"), we may try to reach a settlement of the dispute. If we do not resolve the dispute ourselves within the Pre-Arbitration Period, you may commence arbitration.
Each of us may incur attorneys' fees during the arbitration. Each of us will bear our own attorneys' fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys' fees, the prevailing party may seek fees as applicable law permits.
The Arbitration
The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties.
Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions. The arbitrator's decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver; No Consolidation of Arbitral Claims
We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless we both agree in writing, the arbitrator may not consolidate other persons' claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in New York County, New York.
Notice and Take Down Procedures; and Copyright Agent
If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Marée Pour Toi (address identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g. URL) of an authorized version of the work.
Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
Your name, address, telephone number and (if available) email address.
A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent or the law.
A statement that the information you have supplied is accurate, and indicates that “under penalty of perjury,” you are the copyright owner or authorized representative.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Marée Pour Toi’s address for copyright issues relating to this Website is as follows:
241 W 37th St.
Suite 908
New York, New York 10018
Or call (203) 908-5459 and request the Legal Department.
Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Marée Pour Toi on this Site, these Terms of Use, including Marée Pour Toi Privacy Notice, constitute the entire agreement between you and Marée Pour Toi with respect to the use of the Site and Contents.