Aurum79 will not materially change its policies and practices to make them less protective of End-User information collected in the past without the consent of affected End-User.
BY CLICKING THE “ACCEPT” BUTTON BELOW, EACH END-USER CONFIRMS IT HAS READ, AND IS CONSENTING TO BE BOUND BY, THESE TERMS AND CONDITIONS AND ALL ADDITIONAL AURUM79 POLICIES. AURUM79 RESERVES THE RIGHT TO MAKE CHANGES TO ITS SERVICES, POLICIES, AND THESE TERMS AND CONDITIONS ANY TIME.
1. Collection of End-User Information. Aurum79 automatically collects information, such as IP addresses and unique device identifiers from End-User browsers and mobile devices when its Services are used. Review Aurum79’s Privacy Notice and Policy for complete details. By clicking “Accept,” each End- User agrees to be bound by all such policies.
2. Definitions. Terms used in these Terms and Conditions, not otherwise defined, shall have the following meaning.
“End-User” or “you” means a Person who desires to use the Services, who has or is willing to create an Account, and who has paid or is willing to pay any applicable fees.
“Person” means any individual, entity, corporation, partnership, joint venture, limited liability company, association, joint-stock company, trust, unincorporated organization, or governmental body.
“Services” means all websites and services of Aurum79. Such websites include, but are not limited to, Aurum79Beauty.com, ShopAurum79Beauty.com, any related mobile apps, and any other platform from Aurum79 and any modification of any such website or platform. Such services include, but are not limited to, maintaining all websites and platforms for Aurum79, sourcing appropriate Vendors, providing promotional opportunities advantageous to End-Users, order and payment processing, and shipment of products ordered on the Services.
“Third Party” means any Person other than the End-User hereunder or Aurum79.
“Vendor” means a Person authorized by Aurum79 as a provider of products or services for any customer of Aurum79’s Services (or a specific Service).
3. Use of Services. Subject to these Terms and Conditions, Aurum79 grants the End-User a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include:
- (a) any resale or commercial use of any Service or its contents;
- (b) any collection and use of any product listings, descriptions, or prices;
- (c) any derivative use of any Service or its contents;
- (d) any downloading, copying, or other use of Account information for the benefit of any Third Party; or
- (e) any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to an End-User in these Terms and Conditions are reserved and retained by Aurum79 or its Vendors, licensors, suppliers, publishers, rightsholders, or other providers. You may not misuse the Services. You may use the Services only as permitted by law. The limited license granted hereunder terminates if you do not comply with these Terms and Conditions.
4. Restricted Activities. Each End-User acknowledges and agrees that the Services (i) are the property of Aurum79; (ii) contain valuable assets and proprietary information and property of Aurum79; and (iii) are subject, in all respects, to these Terms and Conditions. Notwithstanding anything to the contrary in these Terms and Conditions, each End-User agrees that he, she, or it shall not do any of the following without the prior written consent of Aurum79:
- (a) use the Services other than as allowed these Terms and Conditions;
- (b) reproduce, duplicate, copy, sell, license, transfer, rent, loan, reproduce, distribute, or otherwise exploit for any commercial purpose the Services (or any part of the Services) for or to any Third Party;
- (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aurum79;
- (d) use any meta tags or any other “hidden text” utilizing Aurum79’s name or trademarks; or
- (e) alter or remove any copyright notice or proprietary legend contained in or on the Services.
5. Customer Account. In order to access and use the Services, each End-User will need to create a customer account, profile, and password (an “Account”). The Account will include personal information, including, but not limited to, name, address, gender, birthday, and payment information. The End-User shall be solely responsible for ensuring that all such information for such Account is accurate at all times. All End-Users are also solely responsible for maintaining the confidentiality of their Account and password and for restricting access to such Account. You agree to accept responsibility for all activities that occur under your Account.
End-Users with Accounts may post reviews, comments, photos, videos, and other content; send electronic communications; and submit suggestions, ideas, comments, questions, or other information (collectively “Content”), so long as such Content is not illegal, obscene, objectionable, threatening, discriminatory, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to any Third Party, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of unsolicited commercial electronic messages or “spam.” End-Users who post Content may not use a false e-mail address, impersonate any other Person, or otherwise mislead as to the origin of any Content.
By posting Content or submitting material, End-Users grant Aurum79 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. End-Users grant Aurum79 the right to use the name submitted in connection with such Content, if it chooses. You represent and warrant that you own or otherwise control all of the rights to such Content; that such Content is accurate; that use of such Content does not violate this policy and will not cause injury to any Person; and that you will indemnify Aurum79 for all claims resulting from such Content.
Aurum79 has the right, but not the obligation, to monitor and edit or remove any activity or Content. Aurum79 takes no responsibility and assumes no liability for any Content posted by any End-User or Third Party.
6. Right to Refuse Service. Aurum79 reserves the right to refuse service, terminate Accounts, terminate or suspend any End-User’s rights to use the Services, remove or edit Content, or cancel orders at any time in its sole discretion. Aurum79 further reserves the right to change, suspend, or discontinue any of its Services at any time in its sole discretion. Notwithstanding the foregoing, limitations of the liability of Aurum79 shall survive any such refusal or termination.
7. Product Descriptions. Aurum79 attempts to be as accurate as possible in descriptions and pictures provided by Vendors through its Services. Colors of products may not be accurate depending upon End-User monitor quality. Additionally, Aurum79 does not warrant or guaranty the quality of any product. The End- User must work directly with the Vendor of a product regarding any issues or questions regarding the quality of such Vendor product.
8. Representations and Warranties. You represent and warrant that the information you provide to Aurum79 is complete and accurate in all respects, and if any Person is acting in a representative capacity, such Person has the right, power, and authority to so act.
9. Disclaimer of Warranties; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK.
(B) THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND ANY VENDOR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO, THE END-USER THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AURUM79 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR ANY VENDOR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO, THE END-USER THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AURUM79 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AURUM79 DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR ANY VENDOR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO, THE END-USER THROUGH AURUM79’S SERVICES, AURUM79’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM AURUM79 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(D) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AURUM79 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AURUM79 SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR ANY VENDOR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO, THE END-USER THROUGH ANY AURUM79 SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
10. Termination. An Account may be terminated by an End-User at any time. Termination of an Account will not limit Aurum79’s right to use Content associated with such Account at the time of termination.
11. Vendors. No Vendor is a partner, agent, or employee of Aurum79, and the availability of any Vendor’s products through the Services does not create any type of joint venture or partnership with Aurum79. Aurum79 does not manufacture or inspect any Vendor’s products or services. Aurum79 makes no representations or warranties regarding the quality, safety, legality, and accuracy of any Vendor product or service. Any legal claim related to a Vendor product or service, including, but not limited to, any claim for defective products, misrepresentations of a product or service, or products liability, must be brought directly against such Vendor.
12. Disputes. Each End-User hereby releases Aurum79 from any legal claims, demands, and damages arising from any dispute with any other user of the Services, whether such users are End- Users or Vendors.
Any dispute or claim arising against Aurum79 regarding an End-User’s use of the Services will be resolved by binding arbitration, rather than in court. The Uniform Arbitration Act of the State of Illinois and any related rules and regulations shall apply to these Terms and Conditions.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms and Conditions.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing the purported claim to Aurum79’s registered agent, Bridget Williams, 5454 S. Shore Drive, #624, Chicago, IL 60615. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration may be conducted by telephone, based on written submissions, in person in Cook County, Illinois, or at another mutually agreed location.
End-User and Aurum79 agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Notwithstanding the foregoing, End-User and Aurum79 also both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
In the event either party must initiate arbitration or seek injunctive relief in court, the prevailing party in the proceedings shall have the right to seek damages for, and the arbitrator or judge may award, all costs and expenses related to such proceeding, including all court costs and attorneys’ fees.
13. Governing Law; Venue. These Terms and Conditions shall be governed by Illinois law, excluding its conflict-of-law provisions. Each End-User hereby submits to the jurisdiction and venue of the State of Illinois for arbitration and for a suit of injunction.
14. Severability; Construction. These Terms and Conditions represent the complete agreement concerning the subject matter hereof. If any provision of these Terms and Conditions is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation, which provides that the language of a contract shall be construed against the drafter, shall not apply to these Terms and Conditions. Headings and section references are used for reference only and shall not be used to define, limit or describe such section. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
