Terms & Conditions

These Terms of Use (the “Terms”) govern your access to, and use of, all or part of the Decorté website, mobile application, or other online interactive feature or service, including any Decorté social media page, through which you are accessing these Terms (collectively, the “Site”), each of which is operated by Kosé America, Inc. (referred to herein as “Decorté”, “we”, or “us”).

By clicking “I Agree” in connection with these Terms or by accessing, viewing, or otherwise using the content, materials, products, or services available on or through the Site, you (referred to herein as “you” or the “User”) certify that you have read, understand, and agree to be legally bound by these Terms and Decorté’s Privacy Policy. You further agree that your use of the Site or any products or services made available on or through the Site signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, you are not granted permission to use the Site and must exit and discontinue your use of it immediately.

We require all users to be at least 18 years old. If you are under 18 years old, you may not use the Site.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST DECORTÉ, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

Decorté may at any time revise these Terms. Your continued use of the Site following the changes to these Terms will be considered your consent to those changes. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound. If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact Decorté at customerservice@decortecosmetics.com.

Subject to these Terms, Decorté hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, non-sublicenseable license to access and use the Site solely for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all software and other materials, including the Site, made available to you are the copyrighted work of Decorté or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited.

To access certain content, material, or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and may then be asked to submit your email address and a username and/or password for your account. We may reject, or require that you change, any username, password, or other information that you provide. You may also be required to provide certain information about yourself. You are responsible for ensuring that your username and password are kept secret, safe, and secure at all times. Any personal information that you provide to us via the Site is subject to our Privacy Policy. Decorté will not be held responsible or liable for any misuse of or activity on your account in the event that a third party has access to and uses your username or password in any way.

You represent that the personal information you provide via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.

We reserve the right in our sole discretion to remove or delete any or all information from your account or our Site at any time and for any reason. You understand that we cannot guarantee that your account will always be available to you or error free. We may terminate or suspend your account for any reason in our sole discretion with or without notice to you. Additionally, we reserve the right to stop offering any account feature of our Site or any portion thereof, without liability, at any time and for any reason, with or without cause. In the event of any such termination or suspension, information stored in your account may no longer be available to you. We have no obligation to make your account history available to you and you should not rely upon your account as your sole record of this information.

As between you and Decorté, Decorté or its licensors own all patent, copyright, trademark, trade secret, ideas, concepts, know-how, documentation or techniques or other intellectual property rights that may exist in the Site or any photographs, graphics, text, icons, sound files, other files, buttons, software, data and information included in the Site and the selection and arrangement thereof (collectively, “Site Content”). All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You shall not remove or alter any copyright notice or any other proprietary notice on the Site or on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Decorté or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. In addition, the “look and feel” of the Site constitutes the service mark, trademark or trade dress of Decorté and may not be copied, imitated or used, in whole or in part, without our prior written permission. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms. No right, title or interest in or to the Site or any of the Site Content is transferred to you, and all rights not expressly granted herein are reserved by Decorté. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate patent, copyright, trademark and other laws.

You agree to use the Site only for purposes that are permitted by these Terms. You agree that you will not violate any applicable laws, regulations, or generally accepted practices and guidelines in the relevant jurisdictions in connection with your use of the Site. You may only use the Site Content for non-commercial use as provided in these Terms, including the restrictions below.

You agree that you will not (and will not attempt to or allow any third party to) do any of the following:

• Modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Site;

• Interfere with or disrupt the operation of the Site, including restricting or inhibiting any other person from using the Site by means of hacking or defacing;

• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner;

• Transmit to or make available in connection with the Site any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;

• Attempt to probe, scan or test the vulnerability of the Site or to breach our security or authentication measures;

• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion;

• Harvest or collect the email addresses or other personally identifiable information of other users of the Site;

• Scrape or collect any content from the Site via automated means;

• Submit or post false, incomplete or misleading information to the Site, or otherwise provide such information to us;

• Create user accounts by automated means or under false or fraudulent pretenses;

• Use the Site in any way that violates, or assists in the violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity;

• Use the Site or data collected from our Site for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing); or

• Impersonate any other person, entity or business.

• Ship to freight forwarding companies or export agents.

You agree that you are not licensed or permitted to access any portion of the Site that we have not made public or accessible to users (whether registered or not), and you may not attempt to override any security measures in place on the Site.

Decorté has an unlimited right to terminate your access to the Site, which shall not be limited to violations of this General Restrictions on Use section. You acknowledge and agree that the unauthorized use of the Site or the Site Content could cause irreparable harm to Decorté and that in the event of such unauthorized use, Decorté shall be entitled to an injunction in addition to any other remedies available at law or in equity.

The Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. We attempt to describe the items available on the Site as accurately as possible and to depict the most up-to-date product packaging available. &We make no warranties or representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions, or images (including any features, specifications and prices contained therein) or that Product packaging depicted will match the actual Product that you receive. Such information and the availability of any Product are subject to change at any time without notice. If a Product is not as described when you receive it or the packaging depicted on the Site does not match the Product you receive, your sole remedy is to return the Product to us in unused and undamaged condition in accordance with our Returns & Exchanges Policy.

Please be aware that whenever you post information to the Site (e.g., when you post a review or comment) that information may be accessible for other users. You should therefore carefully choose the information you post and that you provide to other users.

Decorté does not claim any ownership rights in the text, files, images, photos, video, sounds, feedback, works of authorship or any other materials that you may post (“User Content”) on the Site. After posting your User Content, you continue to retain all ownership rights in it, and you continue to have the right to use it in any way you choose. By posting your User Content on or through the Site, you hereby grant Us a non-exclusive, fully sublicensable (through multiple tiers), transferable, fully paid-up, royalty-free and worldwide license to use, modify, publicly perform, publicly display, reproduce, create derivative works and distribute your User Content, including your photograph, all without any compensation to you whatsoever, including in product designs, on and through the Site or in the Decorté section of a third-party platform (Facebook, Twitter, etc.).

By posting User Content to the Site or otherwise submitting User Content to Us, you represent and warrant that: (i) you own the User Content posted by you on the Site or otherwise have the right to grant the license set forth above, and (ii) the posting of your User Content on the Site does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or company, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person.

You are solely responsible for the User Content that you post on the Site. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. User Content is not necessarily reviewed by Decorté prior to posting and does not necessarily reflect the opinions or policies of Decorté. Decorté makes no warranties, express or implied, as to User Content or the accuracy and reliability thereof or any material or information that you transmit to other users. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law.

Decorté expressly reserves the right to remove any information or materials posted or transmitted for any reason or for no reason. Decorté will fully cooperate with any law enforcement authorities or court order requesting or directing Decorté to disclose the identity of anyone posting any such information or materials.

You acknowledge that the Site may contain the opinions and views of other users. You acknowledge further that we are not responsible for the accuracy of any posts or other submissions made by other users on the Site. You understand and agree that all such submissions are the sole responsibility of the person who posted the submission. You understand and agree that you will evaluate, and bear all risks associated with, the use of any submission, including any reliance on the accuracy, completeness, or usefulness of such submission.

For your convenience, the Site may contain links to the websites, applications, or services of third parties from which you may be able to obtain information or use services. For example, we may provide links to social media sites (e.g., Twitter). Except as otherwise noted, such third-party websites, and such information and services are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites, applications, or services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. In addition, we cannot censor or edit the content of any third-party site or application. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, applications, sources or servers. Any linking to or from any such off-site pages or other websites or applications by you is at your own risk. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Site, and to read the agreements and privacy policy of each website or application that you visit.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Pricing - Current prices for the products available on the Site may be obtained by going to the pricing schedules for each product. We reserve the right to change the prices at any time. Purchases are subject to the provisions contained in the “Customer Service” area of this site, including the Terms of Sale.

Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, California 95814, or by telephone at 1-800-952-5210.

In addition to the conditions as set forth in the accompanying Customer Service section, all sales made pursuant to this website are subject to the following further limitations:

A. Order Acceptance

You may place orders for Decorté Products via the Site. Your receipt of an electronic or other form of order confirmation does not constitute Decorté’s acceptance of your order, nor does it constitute confirmation of Decorté’s offer to sell you the particular Product. Decorté reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until Decorté has accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of Products offered on the Site are subject to change without prior notice. To the extent we provide information on the availability of any Products, such information may be subject to further verification by you. Decorté will not be liable for any lack of availability of Products you may order.

B. Quantity Limitation

Decorté reserves the right to limit multiple units at a maximum of 3 units of a single item sold per customer over a period of time.

C. Prices

Unless otherwise expressly indicated in writing by Decorté, prices for all Products are as noted on the Site as in effect on date your order is placed. Unless otherwise indicated on Decorté’s acknowledgment and/or invoice, User shall pay, and be exclusively liable for, all costs of shipping, delivery, insurance and the like after Decorté has effected delivery of the products to the U.S. postal Service or other carrier. All prices are in United States dollars.

D. Taxes

Prices do not include any tax or other governmental charge or assessment on the sale, shipment, production or use of any products sold to User hereunder. Such taxes and charges, when applicable, may appear as separate additional charges on Decorté’s acknowledgment and/or invoice. User shall be solely responsible for, and shall pay to Decorté upon demand, any such tax, charge or assessment, unless User has furnished to Decorté an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.

E. Delivery

Decorté shall make reasonable efforts to effect shipment on or before the scheduled shipping date(s) reflected on Decorté acknowledgment and/or invoice, but such schedule may vary due to, among other things, conditions beyond Decorté’s reasonable control, including, but not limited to Decorté receipt of all materials and information to be supplied by User. If no shipping date is specified, shipment will be made on date(s) selected by Decorté. In no event shall Decorté be liable for any damages or penalties for delay in delivery or for failure to give notice of delay.

F. Title

Title to all Products sold by Decorté to User shall pass from Decorté to User when such Products are delivered by Decorté to the carrier for shipment to User.

G. Inspection by User

User shall carefully inspect all deliveries of Decorté as they are received by User and report to Decorté promptly (but in any event within thirty (30) calendar days after receipt of shipment) any alleged error, shortage, defect or nonconformity of such Products. Any failure by User to so inspect and report shall constitute a waiver by User of any claim or right of User against DECORTÉ arising out of or related to any such error, shortage, defect or nonconformity that was reasonably discoverable by such an inspection.

While Decorté endeavors to ensure that the Site is normally available 24 hours a day, we will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control. Decorté has the right to terminate or suspend your access to all or part of the Site for any or no reason, including any violation or suspected violation of these Terms.

Additional terms may govern certain features or content of the Site, such as our rewards program, offers, prize draws, competitions, contests and sweepstakes. By participating in any activity as part of the Site governed by additional terms, you agree that you will be subject to those additional terms in addition to these Terms of Use.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SITE CONTENT, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. DECORTÉ AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE COMMENTS, THE SITE CONTENT, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR SITE CONTENT WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR SITE CONTENT ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL COMMENTS, THE SITE, THE SITE CONTENT, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.

You understand that the technical processing and transmission of any information sent to or from our Site may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including personal information such as your name or address. Decorté reserves the right to interrupt or discontinue any or all the functionalities of the Site. Decorté assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site; and (c) any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.

By using the Site, you consent to receive electronic communications from Decorté, for example by email or by posting notices on the Site. These communications may include notices about your use of the Site and your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy all legal communication requirements, including that such communications be in writing. You should maintain copies of all electronic communications with us.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS OF ANY OF THEM (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE RELATED TO (A) THE USE OF THE SITE, THE SITE CONTENT, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH THE SITE; (B) THE SITE OR SITE CONTENT OR COMMENTS IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES; ALL THE FOREGOING REGARDLESS OF LEGAL THEORY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR THE RELATED PARTIES BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOREGOING, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DECORTE OR ITS RELATED PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SITE, SITE CONTENT, OR ANY ITEMS MINTED, PURCHASED, OR SOLD THROUGH THE SITE EXCEED THE GREATER OF (A) TEN UNITED STATES DOLLARS ($10), OR (B) THE AMOUNT PAID TO DECORTE BY YOU IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

If we are sued by a third party as a result of your breach of these Terms or your infringement of any third-party right, then, to the fullest extent permitted by applicable law, you will be responsible for all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) incurred by the Related Parties.

You and Decorté agree that any disputes arising from or relating to these Terms or your use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, which cannot be resolved informally, shall be submitted to final and binding arbitration before one (1) arbitrator; provided, however, in the event that the dispute involves an allegation of liability in excess of $250,000 USD, three (3) arbitrators shall be used. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”) pursuant to its Commercial Arbitration Rules. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow and enforce these Terms, as a court would. All issues are for the arbitrator to decide, including issues related to arbitrability and the scope or enforceability of this agreement to arbitrate. Arbitration shall take place virtually or in-person in New York, NY unless Decorté elects otherwise.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your demand for arbitration and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to its choice or conflict of law provisions or rules. The arbitrator will decide the substance of all claims in accordance with the laws of State of New York, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods.

The arbitrator shall not be bound by rulings in prior arbitrations involving different Decorté users, but is bound by rulings in prior arbitrations involving the same Decorté user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You acknowledge and agree that you and Decorté are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Decorté otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

The Site is controlled and operated from within the United States. Without limiting anything else, Decorté makes no representation that the Site, Site Content, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.

If you believe that any content or posting on the Site violates your intellectual property or other rights, please notify Decorté at the email address set forth above, providing a comprehensive, detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; and (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable.

These Terms, and Decorté’s Privacy Policy, constitute the entire legal agreement between you and Decorté regarding the Site and govern your use of the Site and any transactions you may have with Decorté through the Site. These Terms completely replace and supersede any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and Decorté regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

You understand that Decorté may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Decorté will make a new copy of the Terms available on the Site. You agree that Decorté is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that any failure or delay by Decorté to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Decorté has the benefit of under any applicable law) will not be taken to be a formal waiver of Decorté’s rights and that those rights or remedies will still be available to Decorté. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

Last Updated: 12/29/2022

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