These Terms and Conditions of Use ( "Terms") are a legal contract between SARL Cache Coeur, a French corporation ("Cache Coeur"), and you, the user accessing or using Cache Coeur web site, accessible through the URL: http://www.cachecoeurlingerie.us (the "Site").
SARL Cache Coeur grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the "Content") on the Site solely for your personal, non-commercial use. SARL Cache Coeur may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, the "Works") are the intellectual property of SARL Cache Coeur and/or its suppliers, and are protected under French and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the Content set forth above, SARL Cache Coeur grants you no other privileges or rights in any of the Works. You may only use the Site, the Content and the Works for personal, noncommercial purposes. Any commercial use of the Site is strictly prohibited. You acknowledge that any other use of the Site, the Content or the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of SARL Cache Coeur, which may be withheld in its sole discretion, is strictly prohibited.
SARL Cache Coeur may from time to time provide links and pointers on the Site to web sites maintained by third parties ("Third Party Sites") and may from time to time provide third party material on the Site. These Third Party Sites and third party materials are provided as a convenience only. SARL Cache Coeur has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and SARL Cache Coeur is not responsible for any information provided at any Third Party Sites. SARL Cache Coeur makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that SARL Cache Coeur has provided a link to any Third Party Site on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by SARL Cache Coeur with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. SARL Cache Coeur expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, any Third Party Site.
The Site may contain forward looking statements as well as historical information. Forward-looking statements, which are included in accordance with the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995, may involve risks, uncertainties and other factors that may cause the actual results and performance of SARL Cache Coeur in future periods to be materially different from any future results or performance suggested by the forward-looking statements in the Site. Such forward-looking statements speak only as of the date set forth in the applicable Site. SARL Cache Coeur expressly disclaims any obligation to update or revise any forward-looking statements set forth in any of the Site to reflect any changes in SARL Cache Coeur's expectations or results or any change in events.
All press releases and other information contained on the Site were, to the best of SARL Cache Coeur's knowledge, timely and accurate when issued. However, the passage of time may render certain information incomplete or inaccurate. SARL Cache Coeur is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained on the Site.
The Site is intended to be used by persons that are at least 18 years old. If you are younger than 18 years old, you may not access the Site or order products or services from SARL Cache Coeur via the Site. If you are a parent or other person charged with the care of persons younger than 18 years old, you agree to restrict access to the Site through your computers to persons who are at least 18 years old. If one of your children accesses the Site and provides SARL Cache Coeur with personally identifiable information, please contact us at firstname.lastname@example.org. SARL Cache Coeur will use reasonable efforts to designate any personally identifiable information regarding your child as "Do Not Contact" in its databases.
The Site is both advertiser and sponsor supported. Although SARL Cache Coeur receives compensation from advertisers and sponsors (collectively, "Sponsors") on the Site, SARL Cache Coeur does not endorse the products or services of our Sponsors and makes no representations or warranties about the products or services of our Sponsors. You are solely responsible for your decision whether to click on advertising or sponsorship banners on the Site and whether to make purchases from our Sponsors. You are solely responsible for payment of all costs or fees associated with the purchase of goods and services from our Sponsors.
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SARL CACHE COEUR HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, THE SITE, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN SARL CACHE COEUR AND YOU.
SARL CACHE COEUR WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, AND DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. UNDER NO CIRCUMSTANCES SHALL SARL CACHE COEUR, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, SARL CACHE COEUR'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS AND/OR PURCHASE PRODUCTS THROUGH THE SITE.
You agree to indemnify, defend (at SARL Cache Coeur's sole option) and hold harmless SARL Cache Coeur and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including without limitation reasonable attorneys' fees), expenses, settlements, and judgments that result from your breach of these Terms or your access to and use of the Site.
Each of the Site URLs as well as SARL Cache Coeur®, Cache Coeur Lingerie®, Cache Coeur Homewear® and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of SARL Cache Coeur or its licensor. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from SARL Cache Coeur. Without limiting the generality of the foregoing, SARL Cache Coeur specifically prohibits the use of any Mark as a "hot" link to any Site unless the establishment of such a link is approved in advance by SARL Cache Coeur in writing. Failure to obtain such approval shall entitle SARL Cache Coeur to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
Certain pages of the Site contain information, recommendations and advice regarding various topics as provided by third parties. Any information provided on the Site is of a general nature and is designed for educational purposes only. The information (including, without limitation, advice and recommendations) and services on the Site are neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. If you have any concerns about your own health or the health of your child, you should always consult with a physician or other healthcare professional. All remarks, suggestions, ideas, graphics, or other information communicated to SARL Cache Coeur through the Site (together, the "Submission") will forever be the property of SARL Cache Coeur. SARL Cache Coeur will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future SARL Cache Coeur operations. Without limitation, SARL Cache Coeur will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. SARL Cache Coeur will be entitled to use the Submission (including, without limitation, an edited version of the Submission) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not SARL Cache Coeur, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
SARL Cache Coeur makes no representation or claims that any information on the Site is appropriate or may be downloaded outside the United States of America. Access to the Site and to any information thereon may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so at your own risk of liability under the laws of the United States or of your jurisdiction.
These Terms, together with our Privacy Policies and any other agreement that may be entered into by you and SARL Cache Coeur in connection with a specific product or service of SARL Cache Coeur, constitute the entire agreement between you and SARL Cache Coeur and supersedes any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of SARL Cache Coeur. SARL Cache Coeur may modify or amend these Terms and the Privacy Policies at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the Site after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the Site and any products and services provided by the Site shall be governed by the laws of the United States of America, without giving effect to its conflicts of laws principles. The parties agree that the state courts and Federal District Courts shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms or your use of the Site or any products and services provided by the Site. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.