TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING WWW.HOML.COM (THE “SITE”). BY ENTERING THE SITE YOU, THE USER, ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND THE VARIOUS DISCLAIMERS SET FORTH HEREIN. ANYONE UNDER THE AGE OF 21 IS PROHIBITED FROM ACCESSING THE SITE

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SITE.

MARNIER LAPOSTOLLE INC. AND ITS AFFILIATES ("COMPANY", "WE", OR "US") RESERVE THE RIGHT TO MAKE REVISIONS TO THESE TERMS AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE TO BE BOUND BY SUCH REVISIONS AND SHOULD, THEREFORE, PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LOCAL LAWS APPLICABLE TO YOUR USE OF THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE MATERIALS CONTAINED ON THE SITE IS APPROPRIATE FOR, OR ACCESSIBLE FROM, ALL LOCA TIONS. BY ENTERING THE SITE YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OR ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY COMPUTER VIRUSES OR BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

MODIFICATION

The Site is intended to provide an easy-to-use, interactive website experience for our users (the "Service"). As the owner of the Site, we reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time, effective immediately upon notice published on the Site. We suggest that you check these Terms periodically for changes. Your continued use of the Site constitutes your binding acceptance of these Terms, including any changes or modifications made by the Company as discussed above. If at any time these Terms are no longer acceptable to you, you should immediately cease all use of the Site.

REGISTRATION OBLIGATIONS

To use certain areas of our Site, you must first submit certain personal information. When submitting such information, you agree to:

(a) provide true, accurate, current and complete information about yourself, which may include your name, birthdate, physical address and/or e-mail address (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any and all current or future use of the Site (or any portion thereof) by you.

PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy, available at http:///privacy.php.

USE OF CONTENT

You acknowledge that our Site contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are the property of the Company or third parties who have authorized the appearance of their content on the Site. United States and international copyright, trademark or other intellectual property laws protect all Content. All rights in Content are reserved. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Users of the Site may use the Content only for their personal, non-commercial use.

You may download or copy the Content, as authorized on the Site, only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of the Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express written consent of the Company or the owners of such Content or their authorized representatives, if other than the Company.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms.

You hereby acknowledge and agree that the relationship between you and the Company is not a confidential, fiduciary, or other special relationship, and that your decision to provide any information to the Company does not place the Company in a position that is any different from the position held by members of the general public with regard to elements of such information.

You agree that any litigation between you and the Company arising from or pertaining to the Content (including, without limitation, any use by the Company of information you provide the Company) and/or your use of the Site shall be governed by California law and that exclusive jurisdiction resides in the courts of the State of California, subject to and without limiting the parties' agreement to arbitrate, below.

EXTERNAL LINKS

The Site may contain links to other websites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator for any such External Sites if you have any concerns regarding the content located on such External Sites.

INDEMNITY

You agree to indemnify and hold harmless the Company and its employees, officers, directors, owners, agents, information providers and licensors, to the fullest extent lawful, from and against all loss, liability, claim, damage, cost, judgment, penalty and expense (including attorneys' fees), promptly as incurred, directly or indirectly based upon, or arising out of or in connection with (1) your violation of the Terms or (2) any use or alleged use of the Site by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company's defense of such claim and to reimburse the Company for the costs and expenses of such defense.

TERMINATION OF SERVICE

The Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. The Company may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Site, the Service, and any Content are distributed on an "as is, as available" basis. Neither the Company nor any provider of third party content, nor any of their respective agents (i) warrants that the Site or Service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from use of the Site, Service or Content; or (iii) makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Site, Service, or any Content or any products available through the Site or Service. You expressly agree that the entire risk as to the quality and performance of the Site or Service and solely you assume the accuracy or completeness of the Content.

Neither the Company nor any third party content provider, nor any of their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site or the Service, even if such party has been advised of the possibility of such damages.

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of the Company, third party content providers, or their respective agents shall be limited to the greatest extent permitted by law.

NOTICE OF AND PROCEDURE FOR COPYRIGHT INFRINGEMENT.

The Company respects the intellectual and proprietary rights of others. In accordance with the Digital Millennium Copyright Act, The Company has designated a copyright agent (the "Designated Agent") to receive notice of claims of alleged copyright infringement on the Site. If you believe that any material as to which you hold a copyright has been used or copied in a way that constitutes an infringement of such copyright and such infringement is occurring or has occurred on the Site or on websites linked to or from the Site, please send the Designated Agent a notice containing the following information:

  • (i) Your name, address, telephone number, and e-mail address;
  • (ii) An electronic or physical signature of the person authorized to act on behalf of the owner of the each copyrighted work that is alleged to have been infringed;
  • (iii) A description of each copyrighted work that you claim is being infringed upon and the location where the original or an authorized copy of such work exists (for example, the URL of web site where such work is lawfully published or the name, edition, and pages of a book, etc.);
  • (iv) A description of where the material that you claim is infringing on such work is located on the applicable website, including the URL, so that the Company can locate such material;
  • (v) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
  • (vi) A statement bearing your electronic or physical signature, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Send the notice containing the above information to the following Designated Agent:
Name of Designated Agent:
Mailing Address:
E-mail Address:

NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING THE COMPANY THAT A COPYRIGHTED WORK MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.

ARBITRATION

YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) without prejudice to the parties' agreement to arbitrate, the Company may seek emergency, temporary, and preliminary injunctive or other equitable relief in the courts if you have violated or threatened to violate our patent, copyright, trademark or trade secret rights, or you have otherwise violated or threatened to violate any of the user conduct rules set forth above and (b) no disputes or claims relating to any transactions you enter into with a third party may be arbitrated.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules"). Judgment on the award may be entered in any court having jurisdiction. The location of the arbitration shall be in San Francisco, California, and the allocation of costs and fees for such arbitration shall be determined in accordance with such JAMS Rules and shall be subject to the limitations provided for in the JAMS Rules. If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. 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 OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE OR THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

Updated November 13, 2013 ©Marnier Lapostolle Inc. 2013

SHARE Share