1.Use of Site
USE OF PRODUCTS AND SERVICES
The products and services available on the Sites, including any samples Gerard Cosmetics may provide to you, are for personal use only. All material and information presented by Gerard Cosmetics is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Ingredients are posted on each product page for your convenience .
Use of the Site is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Gerard Cosmetics does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Gerard Cosmetics does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
You may not sell or resell any of products or services you purchase or otherwise receive from Gerard Cosmetics. Gerard Cosmetics reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Gerard Cosmetics, in its sole discretion, believes may result in the violation of these Terms and Conditions.
2. Intellectual Property
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Gerard Cosmetics or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Gerard Cosmetics or other copyright owners who have authorized their use on the Site. Gerard Cosmetics reserves all rights thereto. You may not manipulate or alter in any way images or other Content on the Site.
Further, you acknowledge that we may change the Site or delete Content or features at any time, in any way, for any reason. Except as we specifically agree in writing, no Content from our Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way, not even as part of a derivative work, except that where the Site is configured to enable the download of particular content, you may download one cop y of such content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back – up purposes), or create any derivative works based on the site or the content, in whole or in part, and (c) do not use the content in an unlawful manner or in a manner that suggests an association with any of Gerard Cosmetics’s or its partners’ or affiliates’ products, services or brands. Any business use, “re – mailing” or high – volume or automated use of the site is prohibited.
3. User Supplied Submissions/Photo Release
Gerard Cosmetics does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered no n – confidential and nonproprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Gerard Cosmetics the royalty – free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you or the foregoing third – party(ies), with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in whole or in part, without any restriction or responsibilities to you.
Notwithstanding the foregoing, Gerard Cosmetics will occasionally accept approved photo, video, and other Submissions from our users. Such Submissions , along with your first name and your last name , may be posted not only on the Site, but also on our pages of other social media sites, such as Facebook, YouTube, Twitter, StumbleUpon, and MySpace and may be used on other Gerard Cosmetics and/or our partners or affiliates websites. Gerard Cosmetics cannot and does not assume any liability from Submissions posted by members to the Site.
Given the visibility of such Submissions, please take care in the type of information that you include in your Submissions. Once your Submissions are posted on the site for public viewing , they may be shared by third party users of the site. By adding your content to the site, you confirm that you are the owner of the content or have the permission of the original owner to submit the content, that you have the authority to use the content and all its elements, including, without limitation, the authority and/or consent of everyone who appears in it, and that anyone featured who is under 18 years old is either a member of your immediate family under your authority and/or you have granted consent.
4. Gerard Cosmetics Official Contests
If you wish to participate in one of the Gerard Cosmetics contests, you may do so through this Site. In order to enter the contest, you must read and agree to the Contest Rules for each contest then being offered. Notwithstanding any other provisions of this Site concerning ownership or submissions, all aspects of our ownership and your submission to our contest will be further governed by the Gerard Cosmetics contest rules.
5. Links to Third
6. Linking to this Site
If you would like to link to the Site, you must follow Gerard Cosmetics link guidelines. Unless specifically authorized by Gerard Cosmetics , you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
7. Downloading Files
Gerard Cosmetics cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Site is the copyrighted work of Gerard Cosmetics and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
9. Disclaimer of Warranties
SUBJECT TO APPLICABLE LAW, GERARD COSMETICS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE , THE CONTENT , OR ANY THIRD PARTY SI TES OR SERVICES LINKED TO OR FROM THE SITE. GERARD COSMETICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. GERARD COSMETICS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR – FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED , OR THAT ANY GERARD COSMETICS SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. GERARD COSMETICS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Gerard Cosmetics cannot and does not assume any liability from user Content posted to the site.
Reliance on any information appearing on our Site is strictly at your own risk.
This site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated Your users. The Content of this Site is intended for educational and entertainment purposes only. Such Content is not intended to, and do es not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes.
10. Limitation of Liability
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise ca use damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. Use of this site is only permitted for non commercial / personal purposes.
13. Unsolicited Idea Submission Policy.
Gerard Cosmetics or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Gerard Cosmetics’s business activities bear coincidental similarities with one or more of the thousands of unsolicited id eas offered to us. Please do not send your unsolicited ideas to Gerard Cosmetics or anyone at Gerard Cosmetics. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Gerard Cosmetics, without any compensation to you; (2) Gerard Cosmetics will have no obligation to return your idea to you or respond to you in any way; (3) Gerard Cosmetics will have no obligation to keep your idea confidential; and (4) Gerard Cosmetics may use your idea for any purpose whatsoever, including giving your idea to others.
However, Gerard Cosmetics does welcome feedback regarding many areas of Gerard Cosmetics ́s existing businesses that will help satisfy customer ́s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.
14. Password Security
If you register to become a Gerard Cosmetics.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
15. General Provisions , Venue and Governing Law
- Supply of goods, services and software through the site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Gerard Cosmetics site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department’s Specially Designated Nationals List or the United States of America Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Gerard Cosmetics therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Gerard Cosmetics does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- We reserve the right to cancel or refuse any order at any time. Resale of products purchased from our site is strictly prohibited. Items may not be shipped to merchandise consolidation facilities under any circumstances. Resale of any products purchased from this site is strictly prohibited. We reserve the right to limit the quantity of any item or items being purchased at any time.
16. How Gerard Cosmetics Uses Your Personal Information
17. Email Address and Phone Number Usage
We use e-mail addresses and phone numbers to send out newsletters and other announcements with information about Gerard Cosmetics’s new products, gifts and special features. When you register, you can choose not to receive these announcements by opting – out of delivery. If you receive an e-mail and want to avoid further messages, look at the end of the e-mail for instructions on how to remove yourself from the mailing list. If you receive a text message and want to avoid further messages, reply STOP to be opted out. You can also edit your e-mail preferences at Gerard Cosmetics.com’s My Account.