| TERMS AND CONDITIONS OF USE |
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| PLEASE read these terms
and conditions of use carefully before using this website.
By using AVON.CA or any other Website
supervised by Avon Canada Inc. ("AVON WEBSITES"), you agree to be bound
by these Terms and Conditions of Use. If you do not agree to these Terms and
Conditions of Use, please do not use the AVON WEBSITES. We reserve the right to
change these Terms and Conditions of Use, in whole or in part, at any time with
or without notice. You should always check these Terms and Conditions of Use
prior to using the AVON WEBSITES. Your continued use of the AVON WEBSITES following
the posting of changes to these Terms and Conditions of Use will mean you accept
those changes.
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| RESTRICTED USES |
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The AVON WEBSITES are owned and created by Avon
Products, Inc. and supervised by Avon Canada Inc (referred to as "AVON", "we", "us" and "our").
The contents of the AVON WEBSITES are copyrighted and
protected by law. Except as stated herein, none of the material on the AVON WEBSITES
may be copied, reproduced, distributed, republished, uploaded, displayed, posted
or transmitted in any way whatsoever. However, you may download material for your
own personal, non-commercial use, provided that you agree to abide by any copyright
notice or other restrictions contained in any material included in or accessed
through the AVON WEBSITES and include any author attribution, copyright or trademark
notice or restriction in any such material that you download. You may not use such
downloaded material for any commercial purpose. Modification of the materials or use
of the materials for any other purpose is a violation of copyright law and
other
proprietary rights.
The use of any trademarks appearing on the
AVON WEBSITES or any other content on the AVON WEBSITES, except as
expressly provided in these Terms and Conditions of Use, is strictly prohibited. |
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| BULLETIN BOARD AND E-MAIL |
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AVON may offer
features such as bulletin boards or e-mail functions as part of the AVON
WEBSITES (referred to as "Interactive Medium"). You may not submit
any material that is unlawful, harmful, harassing, threatening, abusive,
hateful, libelous, defamatory, obscene, pornographic, profane, vulgar,
indecent, sexually explicit or otherwise objectionable that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any
applicable law. Please do not submit any material that is protected by copyright,
patent, or other proprietary right without obtaining permission of the
copyright or patent owner or rightholder.
The Interactive
Medium shall not be used for any commercial purposes. You will not submit any
material to solicit funds or to promote, advertise, or solicit the sale of any
goods or services. You are expressly prohibited from soliciting other guests of
the AVON WEBSITES to become members of any commercial online service or other
organization.
Any information or
material submitted by you to the AVON WEBSITES through the Interactive Medium
will be deemed non-proprietary and non-confidential, and may be used by AVON
without restriction. Without limiting the foregoing, by offering any
information or material through the AVON Website (e.g., through chat, bulletin
boards, e-mail, contests or otherwise), you grant to AVON the worldwide,
perpetual, royalty-free, irrevocable, nonexclusive right and license to use,
reproduce, modify, edit, publish, make derivative works from and distribute
such information or materials in any and all forms and media, now or hereafter
discovered. Notwithstanding the foregoing, all personal data (e.g., name,
address and telephone number) provided to AVON will be handled in accordance
with the Security and Privacy Statement appearing on AVON WEBSITES.
We reserve the right,
in our sole discretion, to edit any submission, and to choose to include or not
include such submission in the Interactive Medium. The Interactive Medium
includes the opinions, statements and other content of third parties. We are
not responsible for screening, monitoring or verifying such content, including
such content's accuracy, reliability or compliance with copyright or other
laws. Any opinions, statements or other content expressed by third parties are
those of such third parties and not of AVON. AVON does not endorse any such
opinion, statement or other material posted on or accessible through the
Interactive Medium.
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| INTENDED AUDIENCE |
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| Unless otherwise
specified, the materials in the site are presented solely for the purpose of
promoting products available in Canada. Avon Canada Inc. supervises this Website
from its offices located in Canada. Avon
Canada Inc. makes no representation that materials
contained in this Website are appropriate or available for use in other
locations. Those who choose to access this Website from other locations do so
on their own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable |
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| DISCLAIMER |
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| THE AVON WEBSITES ARE
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVON MAKES NO
REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR
COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE AVON WEBSITES. ANY
RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. AVON MAKES NO
REPRESENTATION OR WARRANTY THAT THE AVON WEBSITES WILL BE AVAILABLE ON A TIMELY
BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE AVON WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. AVON WEBSITES MAY CONTAIN TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS AND MAY BE CHANGED OR UPDATED WITHOUT
NOTICE.AVON MAY ALSO MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCTS, INFORMATION AND/OR SERVICES DESCRIBED IN THE
AVON WEBSITES AT ANY TIME WITHOUT NOTICE. |
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| HYPERLINKS TO OR FROM OTHER SITES |
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| AVON is not
affiliated or associated with sponsors or producers of any third-party websites
that hyperlink to or from the AVON WEBSITES. We explicitly disclaim any
responsibility for the accuracy, content, or availability of information found
on sites that link to or from the AVON WEBSITES from such third parties. We
cannot ensure that you will be satisfied with any products or services that you
purchase from a third-party site that links to or from the AVON WEBSITES, since
these third-party sites are owned and operated by independent retailers. We do
not endorse any of the merchandise, nor have we taken any steps to confirm the
accuracy or reliability of, any of the information contained in such
third-party sites. We do not make any representations or warranties as to the
security of any information (including, without limitation, credit card and
other personal information) you might be requested to give any third party. |
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| LIMITATION OF LIABILITY |
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| IN NO EVENT SHALL
AVON BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE,
DIRECT OR INDIRECT LOSSES OR DAMAGES,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE AVON WEBSITES, EVEN IF
AVON OR AN AVON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AVON'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS
SITE. |
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| INDEMNIFICATION |
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| You will indemnify
and hold AVON, and its subsidiaries, affiliates, directors, officers, agents,
contractors or other partners, and employees, harmless from and against any
claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of material or information you submit, post to or
transmit through a Interactive Medium, your use of the AVON WEBSITES, your
connection to the AVON WEBSITES, your violation of the Terms and Conditions of
Use, or your violation of any rights of another.
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| MISCELLANEOUS |
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| These Terms and
Conditions of Use shall be governed by the laws of the Province of Quebec, without
regard to its conflicts of laws principles. You agree that any lawsuit arising
out of or relating to these Terms and Conditions of Use shall be filed only in
the courts located in the Province of Quebec and you hereby consent and submit
to the jurisdiction of such courts for the purposes of litigating any such
lawsuit. If any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining
provisions. |
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