NEW AVON LLC TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. By using any of the websites listed here, you agree to be bound by this Agreement: AVON.COM, ABOUT.AVON.COM, YOURAVON.COM, SELLAVON.COM, STARTAVON.COM, BEAUTYFORAPURPOSE.COM . If you do not agree to the terms and conditions of this Agreement, please do not use any of the NEW AVON WEBSITES. New Avon LLC, a limited liability company formed under the laws of the State of New York, U.S.A. (referred to herein as "NEW AVON," "we," "us" and "our"), reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the NEW AVON WEBSITES. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. You should always check this Agreement prior to using the NEW AVON WEBSITES. Your continued use of the NEW AVON WEBSITES following the posting of changes to this Agreement will mean that you accept those changes.For purposes of this Agreement, the following terms have the following meanings:
If you are a NEW AVON Independent Sales Representative, you acknowledge and agree that your use of the NEW AVON WEBSITES is subject not only to this Agreement, but also to the terms and conditions contained in your NEW AVON Independent Sales Representative Contract and the New Avon Privacy Statement. Additionally, if you are a NEW AVON "eRepresentative," you acknowledge and agree that your use of the NEW AVON WEBSITES is also subject to the terms and conditions contained in NEW AVON's eRepresentative Policies and Procedures (to which you agreed upon enrolling as a NEW AVON eRepresentative).1. Note Regarding NEW AVON Independent Sales Representatives and NEW AVON Independent Sales Representatives' Personalized Sites.
NEW AVON Independent Sales Representatives are independent third party contractors of NEW AVON and are not otherwise affiliated with NEW AVON. NEW AVON is not responsible or liable for the statements, acts or omissions of NEW AVON Independent Sales Representatives, whether through or in connection with the NEW AVON WEBSITES, "offline," or otherwise. Without limiting the foregoing, although NEW AVON enables NEW AVON eRepresentatives to create personalized online sites that contain NEW AVON branding and content and that may share URLs with certain NEW AVON WEBSITES (for example, URLs such as " [NEW AVON Independent Sales Representative's name]. New Avon representative.com" or "www.youravon.com/ [NEW AVON Independent Sales Representative's name]"), you acknowledge and agree that NEW AVON has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by NEW AVON Independent Sales Representatives to such personalized online sites or any customizations made by NEW AVON Independent Sales Representatives to such personalized online sites (such information, materials, and customizations, the "NEW AVON Independent Sales Representative Content") or any materials communicated by a NEW AVON Independent Sales Representative to you. NEW AVON has not taken any steps to confirm the accuracy or reliability of any NEW AVON Independent Sales Representative Content or other materials communicated by a NEW AVON Independent Sales Representative to you, and makes no representations or warranties as to the security of any communications between you and any NEW AVON Independent Sales Representatives undertaken using NEW AVON Independent Sales Representative Content (for example, email links posted by NEW AVON Independent Sales Representatives).2. Restricted Uses.
The NEW AVON WEBSITES are owned and operated by NEW AVON. The contents of the NEW AVON WEBSITES are copyrighted under United States copyright laws. Except as stated herein, none of the material on the NEW AVON WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by NEW AVON to access and use the NEW AVON WEBSITES, you may download one (1) copy of any particular materials from the NEW AVON WEBSITES for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of NEW AVON’s copyright and other proprietary rights.
"NEW AVON" and the other NEW AVON trademarks, trade names, service marks and logos appearing on the NEW AVON WEBSITES are proprietary trademarks of NEW AVON or its Licensors. The use of any of our trademarks or any other content made available through the NEW AVON WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.3. Information Submitted Through the NEW AVON WEBSITES.
Your submission of information through the NEW AVON WEBSITES is governed by this Agreement and by NEW AVON 's Privacy Statement (the "Privacy Statement"), located at www.youravon.com/REPSuite/security_and_privacy.page. This Agreement incorporates by reference the terms and conditions of the Privacy Statement.
4. Registration; User Names and Passwords.
You may be required to register with NEW AVON in order to access certain areas of the NEW AVON WEBSITES, for example, to purchase NEW AVON products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the NEW AVON WEBSITES, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the NEW AVON WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the NEW AVON WEBSITES that occur in connection with your user name. You agree to immediately notify NEW AVON of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the NEW AVON WEBSITES, and to ensure that you "log off" and exit from your account with the NEW AVON WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.5. Rules of Conduct.
We expect users of the NEW AVON WEBSITES to respect the law as well as the rights and dignity of others. While using the NEW AVON WEBSITESyou agree to comply with all applicable laws, rules and regulations. In addition, your use of the NEW AVON WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the NEW AVON WEBSITES pursuant to Section 14 below.
Additionally, you acknowledge and agree that you (and not NEW AVON ) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the NEW AVON WEBSITES, and for paying all charges related thereto.6. Ratings, Forums and Submissions.
NEW AVON may offer features through the NEW AVON WEBSITES that enable you to post information and materials publicly, for example, product ratings and reviews, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Ratings and Forums"). All of the rules of conduct described in Section 5 above apply to the Ratings and Forums. Additionally, without NEW AVON 's express prior written consent, you may not use the Ratings and Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other NEW AVON WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Ratings and Forums or otherwise through any NEW AVON WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by NEW AVON without restriction. You grant to NEW AVON the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Ratings and Forums or otherwise through the NEW AVON WEBSITES complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Ratings and Forums or otherwise in the NEW AVON WEBSITES. The Ratings and Forums include the opinions, statements and other content of third parties, including NEW AVON Independent Sales Representatives. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including NEW AVON Independent Sales Representatives) through the Ratings and Forums or otherwise through the NEW AVON WEBSITES are those of such third parties and not of NEW AVON , and NEW AVON does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the NEW AVON WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that NEW AVON has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Ratings and Forums or any other part of the NEW AVON WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE RATINGS AND FORUMS OR OTHERWISE THROUGH THE NEW AVON WEBSITES, YOU DO SO AT YOUR OWN RISK.7. Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any NEW AVON WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. NEW AVON urges you to read the applicable rules which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.8. Purchases and Other Transactions.
If you wish to purchase any product or service or to make a payment to your NEW AVON account through a NEW AVON WEBSITE (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the NEW AVON WEBSITES will be treated by NEW AVON in accordance with this Agreement and the New Avon Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
NEW AVON reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the NEW AVON WEBSITES are subject to change without notice, and NEW AVON shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to NEW AVON 's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the NEW AVON WEBSITES, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.9. Intended Audience.
NEW AVON controls and operates the NEW AVON WEBSITES from its offices located in the State of New York, U.S.A., and the NEW AVON WEBSITES are not intended to subject NEW AVON to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the NEW AVON WEBSITES are presented solely for the purpose of providing services and promoting products available in the United States. NEW AVON makes no representation or warranty that any NEW AVON WEBSITE, in whole or in part, or any products, services, or materials made available through the NEW AVON WEBSITES, are appropriate or available for use in other locations. Those who choose to access the NEW AVON WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.10. Links to or From Other Sites.
Except as otherwise expressly stated by NEW AVON on a NEW AVON WEBSITE, NEW AVON is not affiliated or associated with operators of any third party websites that link to or are linked from the NEW AVON WEBSITES. NEW AVON expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the NEW AVON WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the NEW AVON WEBSITES because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
NEW AVON shall have the right, at any time and at its sole discretion, to block links to the NEW AVON WEBSITES through technological or other means without prior notice.11. Disclaimer.
THE NEW AVON WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEW AVON MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE NEW AVON WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. NEW AVON MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY NEW AVON INDEPENDENT SALES REPRESENTATIVES; (B) THAT THE NEW AVON WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE NEW AVON WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE NEW AVON WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE NEW AVON WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the NEW AVON WEBSITES and the servers from which the NEW AVON WEBSITES are operated, the NEW AVON WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the NEW AVON WEBSITES. If you become aware of any unauthorized third party alteration to the NEW AVON WEBSITES, contact us at Newavon_privacy@avon.com with a description of the material(s) at issue and the URL or location on the applicable NEW AVON WEBSITE where such material(s) appear.12. Limitation of Liability.
IN NO EVENT SHALL NEW AVON , ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "NEW AVON ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE NEW AVON WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE NEW AVON WEBSITES, OR (D) THE ACTS OR OMISSIONS OF NEW AVON INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF NEW AVON OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEW AVON IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. NEW AVON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY NEW AVON INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL NEW AVON 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE NEW AVON WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE NEW AVON WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE NEW AVON WEBSITES.13. Indemnification.
You will indemnify and hold the NEW AVON Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the NEW AVON WEBSITES; (b) any violation of this Agreement or any other NEW AVON terms, conditions or policies by you or through any account you may have with any NEW AVON WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the NEW AVON WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any NEW AVON WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the NEW AVON Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).14. Termination and Enforcement.
This Agreement is effective until terminated by NEW AVON. You agree that NEW AVON, at its sole discretion, may terminate your access to or use of the NEW AVON WEBSITES, at any time and for any reason, including without limitation if NEW AVON believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such termination, your right to use the NEW AVON WEBSITES will immediately cease. You agree that any termination of your access to or use of the NEW AVON WEBSITES may be effected without prior notice and that NEW AVON may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that NEW AVON shall not be liable to you or any third party for any termination of your access to the NEW AVON WEBSITES or to any such information or files, and shall not be required to make such information or files available to you after any such termination. NEW AVON reserves the right to takes steps that NEW AVON believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the NEW AVON WEBSITES and/or a third party claim that your use of the NEW AVON WEBSITES is unlawful or violates such third party's rights).15. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on a NEW AVON WEBSITE infringe your copyright, you (or your agent) may send NEW AVON a notice requesting that NEW AVON remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send NEW AVON a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to, New Avon LLC .Attn: Office of the General Counsel, 777 Third Avenue, NY, NY 10017.. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA16. Filtering.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that NEW AVON does not endorse, support or approve any of the products or services listed at such site.17. Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the AVON WEBSITES, please send an email to NewAvon_privacy@avon.com. You may also contact us by writing to New Avon LLC, Attn: Office of the General Counsel, 777 Third Avenue, NY, NY 10017 Attn: Campaign Administration, or by calling us at: Customers call: 1-800-500-AVON and Representatives call: 513-551-AVON. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.18. Governing Law.
This Agreement shall be governed by the laws of the State of New York, U.S.A. without regard to its conflicts of laws principles. Any dispute with New Avon, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, New Avon will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, New Avon is able to offer the NEW AVON WEBSITES at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with New Avon , our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the NEW AVON WEBSITES or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.19. Miscellaneous.
This Agreement ©2016 New Avon LLC. All rights reserved.