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.
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.
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.
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.
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
Links to Other Sites
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.
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 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.
New York, New York 10018
Or call (203) 908-5459 and request the Legal Department.