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Ari & Elle Terms and Conditions of Use
Consent to Terms and Conditions
Use of this App
Ownership of the App and Services
You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Ari & Elle (collectively, “Ari & Elle intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Ari & Elle’s consent.
Except as otherwise indicated on this App, copying, reproducing, uploading, downloading, transmitting or any other use of this App or of any of the Materials, in whole or part, without the express permission of Ari & Elle, is prohibited. Any unauthorized access to, use or copying of this App and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Provision of the Services by Ari & Elle
You acknowledge and agree that if Ari & Elle disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Setting Up Your Account
TERMS OF SALE
By placing an order for goods or services ("Products") through the App, you authorize the purchase and delivery of those Products from third parties. We reserve the right to decline orders, refuse partial or full delivery, terminate accounts and/or cancel order at any time and for any reason prior to shipment.
Prices of the Products are not guaranteed. We reserve the right to update prices and available Products at any time without notice. In the event the correct price of a Product is higher than the price displayed, we reserve the right, at our discretion, to confirm with you the correct price or cancel your order, at your option. Moreover, any confirmation of an order that you receive is subject to correction before shipment in the event of inaccuracies, errors, product unavailability or for any other reason.
All pictures are for illustration purpose only. If you are not satisfied with the product upon receipt, you can return it in accordance with our Return Policy.
Delivery is available within the territory of the United States of America only. Delivery dates chosen during the order process are estimated. Please review delivery details at checkout to confirm your order gets to you by the time you need it. We will not be liable if a Product is unavailable and/or if a delivery is delayed for any reason.
Orders may be canceled by you within 30 days following placing an order. Cancellation of an order applies to the Product order in full and you may not partially cancel an Order. Cancellation is subject to payment of the cancellation fee and return of supplied Products in their original unopened package.
Please see our Return Policy for information concerning cancellation of orders and return of Products. [[link here to Return Policy]]
Termination or Cancellation of Your Account
You may terminate your Account with Ari & Elle at any time, at your sole discretion, through your Facebook login. Terminating your Account does not terminate any of your existing obligations; in other words, you will still be responsible for fulfilling any purchase transaction that you entered into prior to terminating your Account.
We may terminate or suspend your Account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services
Use in the United States
This App is intended for use within the United States, and we control and operate the App from the United States. We make no representation that materials on the App are appropriate or available for use outside the United States. If you choose to access this App from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious software to the App.
You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your mobile device to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the App and the Services.
In connection with your use of the App and the Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the App, Services or Content;
dilute, tarnish or otherwise harm the Ari & Elle brand in any way, including through unauthorized use of Content, registering and/or using Ari & Elle or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Ari & Elle domains, trademarks, taglines, promotional campaigns or Content
infringe the rights of Ari & Elle or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
interfere with or damage our App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Limitation of Liability and Use Disclaimer
Ari & Elle endeavors to make sure that all information and data it originates on the App is accurate. However, Ari & Elle is not responsible for any damages or loss related to the use of this App.
THIS APPLICATION, ALL CONTENT AND MATERIAL CONTAINED ON THIS APPLICATION, ALL SERVICES PROVIDED ON THIS APPLICATION AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE APPLICATION AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE APPLICATION OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS APPLICATION IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. ARI & ELLE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS APPLICATION WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE APPLICATION OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.
NEITHER ARI & ELLE (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS APPLICATION, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ARI & ELLE MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS APPLICATION AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS APPLICATION, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF ARI & ELLE’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE APPLICATION AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE APPLICATION.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Ari & Elle’s liability is limited to the greatest extent allowable under applicable law.
When you communicate with Ari & Elle electronically, via email or otherwise, you consent to receive electronic communications from Ari & Elle. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Ari & Elle satisfy any legal requirement that such communication be in writing. Ari & Elle encourages you to retain your own copies of relevant information; however, upon your written request, Ari & Elle will provide you with a copy of the information you provided to Ari & Elle when creating your Account. To make such a request please contact
With respect to all communications you make to Ari & Elle directly and/or through the App, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Ari & Elle shall have no obligation to protect your communications from disclosure; (ii) Ari & Elle shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Ari & Elle shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Acquisition of Business
In the event that Ari & Elle and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this App, all data collected on this App, and all rights of Ari & Elle and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Ari & Elle will post a notice to such effect on this App.
Copyright Infringement - Notice and Take-Down Policy
Ari & Elle values intellectual property and respects the intellectual property rights of others, and will remove materials on its App that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this App, then pursuant to Title 17, United States Code, § 512, you may notify Ari & Elle’s Designated Agent in writing as follows:
Name of Designated Agent: Copyright Administrator Shai Eisenman
Address: Ari & Elle
216 east 63nd Street
New Your, NY 10065
Electronic Mail Address:
In your notice, you must include the following:
a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
identification of the copyrighted work(s) that is (are) allegedly being infringed;
identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Ari & Elle to locate such materials;
contact information (i.e., name, address, email address) sufficient to enable Ari & Elle to contact you;
a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software from or related to this App (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the App. No Software may be downloaded from the App or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Disputes and Governing Law