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General Terms and ConditionsUnless otherwise noted, the products and services on the Site are intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.
EligibilityYou represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (e) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.
Review of SubmissionsWe have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public.
No EndorsementWe do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.
Transmitting MaterialsYou understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site. You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
Product AvailabilityThe availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
ContestsThis Site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
Orders, Prohibition on ResellingWhile it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. You may not purchase any item from this site for resale by you or any other person. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Intellectual Property RightsThe Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by L’Oréal or by other parties that have provided rights thereto to L’Oréal. Except as otherwise provided in these Terms and Conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Account TerminationWe may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer.
Third Party Websites and LinksYou may be able to link to third party Websites, services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
Third Party MerchantsThe Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
Advertisements, Sponsorships, Co-Promotions and Other PartnershipsWe may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
EventsYou may be invited or asked to attend events we sponsor or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk.
Use of SoftwareWe may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms and Conditions govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
TerminationWe may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions.
ArbitrationBy using this Site, you agree that L’Oréal USA at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.
NoticesUnless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Customer Care, P.O. Box 2007, Westfield, NJ 07091-2007. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time. These Terms and Conditions were last updated November 2016.
Baxter of California Refer-a-Friend
1. Program Overview. The Program is designed to reward Baxter of California customers for referring new and existing customers to purchase qualifying Baxter of California products from the Baxter of California website (“Site”) (www.baxterofcalifornia.com). Participation in the Program and the benefits that are offered to Program participants is at the sole discretion of Baxter of California, and Baxter of California has the right to change the Terms and Conditions, in whole or in part, at any time with or without notice to participants.
2. Eligibility. Participants must be (i) a legal resident of the fifty (50) United States and District of Columbia (excluding Puerto Rico) , and (ii) 18 years or older To be a referrer (“you”, “your” or “Referrer”) and to participate in the Program, you must also have a valid email address. All of the Baxter of California’sdecisions are final and binding with respect to the Program.
3. Duration of Program; Right to Cancel, Modify or Terminate. The Program will begin on March 3, 2017 at 12:00:01 a.m. Eastern Time (“ET”), and will end at 11:59:59 p.m. ET on March 3, 2018 (the “Program Period”). We reserve the right to shorten, extend, suspend, cancel or modify the Program at any time for any reason. We reserve the right to disqualify you or any Referred Friend from participation in the Program if you or he/she does not comply with any of these Terms.
4. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with our Privacy Statement at www.baxterofcalifornia.com.
5. Referral Process. During the Program Period, eligible Referrers must visit the Site and follow the on-screen instructions to refer friends, family members or colleagues (each, a “Referred Friend” and collectively, the “Referred Friends”). The Site will allow you to send a referral message (“Referral Message”) to Referred Friends via the following three methods: (1) e-mail (a maximum of 25 Referred Friends per Referral Message), (2) a post on your Facebook wall, and (3) a post on your Twitter feed. The Referral Message will contain a unique referral link (“Personal Link”). After you send a Referral Message, you will also be provided with a unique url (also a “Personal Link”) that you can share with Referred Friends.
6. Referred Friend Discount. During the Program Period, the Referred Friend must utilize the Personal Link to purchase any Baxter of California product. A discount of twenty percent (20%) (“Discount”) will be deducted from the price of the Product (and not from shipping, taxes, additional purchases or any other charges). If a Referred Friend attempts to purchase a Product via any method other than the Personal Link, the Referred Friend will not receive the Discount. Only one Discount is permitted per person per e-mail address for the duration of the Program Period. Discounts may not be redeemed for cash. Discounts are not transferable and may not be auctioned, traded, bartered or sold.
7. Referrer Reward. When a Referred Friend receives the Discount (by purchasing a Device Product utilizing the Personal Link), Referrer will be sent a Referrer promo code (“Code”) for an opportunity to purchase a Baxter of California product for 20% off(the “Reward”). The Code will be sent via email. In order to redeem the Reward, during the Program Period, visit baxterofcalifornia.com and add a product to your shopping cart. When you checkout, enter the Code you received. Only one promo Code for a Reward may be used per shopping transaction. Rewards may not be redeemed for cash. Rewards are unique to the Referrer and are not transferable and may not be auctioned, traded, bartered or sold, and do not give rise to any property or other interest whatsoever. Reward offer may be time-limited or available only in limited quantities. Rewards can be canceled and changed at any time in our sole discretion.
8. Program Guidelines on Endorsements and Testimonials. As part of your participation in the Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about Baxter of California products in connection with any Referral Messages. You must be honest and accurate. Please be aware that per the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, you can be held liable for false or misleading statements made in connection with your endorsement or testimonial about Baxter of California products or services. You must disclose your relationship with Baxter of California at the outset of any referral communication. This means you must disclose that you will receive a benefit for referring your Referred Friend at the beginning of the conversation with any potential Referred Friend. The disclosure can be as simple as, “I am a Baxter of California user and this is my personal opinion.” Be sure to clearly and conspicuously make this disclosure. Disclose the fact that you may receive a Reward for a successful purchase of a Product via your Referral ink. By agreeing to these Terms and Conditions, you are agreeing to abide by these Program Guidelines on Endorsements and Testimonials (“Guidelines”). Failure to abide by these Guidelines can result in immediate termination of your Program participation and forfeiture of any and all Rewards.
9. Program Restrictions. Referrers cannot refer themselves. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program or (iv) or participate in fraudulent or abusive activities in relation to the accrual of Discounts or Rewards. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit, Reward or Discount in the Program). To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW LIMITATIONS OF LIABILITY OR DAMAGES IN WHICH CASE (OR IF YOU LIVE IN THOSE STATES), THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
11. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW FOR DISCLAIMERS OF WARRANTIES IN WHICH CASE (OR IF YOU LIVE IN THOSE STATES), THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
12. Bulk Distribution (“Spam”). Each referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Released Parties against any liabilities, costs and expenses it incurs as a results of such spam.
13. Sign-In Credentials. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. User is responsible for creating a complex password to protect your account information and to ensure that you do not share your password with others. Participants agree to notify the Company immediately if they suspect unauthorized access to their account. Participants agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
14. Communication. You and Referred Friends will periodically receive emails from Baxter of California. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you and Referred Friends as they relate to your participation in Program.
15. Disputes/Errors/Questions. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, must be submitted in writing within 90 days of the qualifying transaction, to email@example.com. Any such disputes shall be resolved by Baxter of California at its sole discretion. All interpretations of Terms and Conditions shall be at the sole discretion of Baxter of California.
16. General Program Conditions and Exclusions: A. By enrolling in Program, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through Baxter of California Rewards, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates Baxter of California Site Terms and Conditions or any Other Agreement. B. Neither Baxter of California nor Administrator is responsible for any incorrect or inaccurate information supplied by Members while participating in the Program.
17. Choice of Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law rules. If any provision of these Terms and Conditions are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by Baxter of California to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. These Terms and Conditions constitutes the entire agreement between you and Baxter of California with respect to the Program.
18. Arbitration. By participating in this Program, you agree that Baxter of California at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms and Conditions or the Program shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.