Founded in 1978, Aveda creates high performance, plant-based products. Aveda innovates in botanical technologies, combining the principles of modern science and Ayurveda, the ancient healing art of India. Aveda cares for the guest from scalp-to-soul℠ with performance-driven hair, skin and body products—made with pure flower and plant essences—that are created with respect for the Earth.
Aveda products are available in Aveda stores, select salons and aveda.com.
Aveda Sweepstakes, sponsored and hosted by Wanderlust
February 13 – 26, 2017
No purchase of any kind is necessary to enter or win. A purchase does not increase or improve your chance of winning.
WHO MAY ENTER: This contest is open only to legal residents of the 50 United States, the District of Columbia, or Canada, excluding residents of Delaware or Quebec (the “Territory”), who are 18 or over as of the date of entry. If you do not reside in Territory or are otherwise ineligible, do not attempt to enter the Contest. Employees, officers and directors and immediate family members (parents, children, siblings, spouse) of Wanderlust Media LLC and Aveda, or their parent companies, subsidiaries, affiliates, sponsors, suppliers, and their advertising, promotion or production agencies, are not eligible to enter the Contest or win a prize. Contest begins at 8:00 am ET on February 13, 2017 and ends at 11:59 pm ET on February 26, 2017 (“Contest Period”). Void outside the Territory and where prohibited by law.
SPONSOR: The “Aveda” (the “Contest”) is sponsored by Wanderlust Media LLC, having a corporate address of 26 Dobbin St. Brooklyn, NY 11222 and Aveda having a corporate address of 4000 Pheasant Ridge Rd, Blaine, MN 55449 (collectively, the “Sponsor”). Entrant’s (“your,” “you,” or “entrant”) registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the “Official Rules”).
HOW TO ENTER: During the Contest Period, you must navigate to http://wanderlust.com/aveda-sweepstakes/ and submit the following:
- Your first and last name
- Your email address
- Your phone number
- Your zip code
All of the steps mentioned above need to be completed between 8:00 AM ET on February 13, 2016, and 11:59 PM ET on February 26, 2017 (the “Entry Period”).
Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply. Entries generated by script, macro, or other automated means are void. By submitting your email address in accordance with the entry process, you consent to receive emails from Sponsor and agree that your registration and any other information collected in connection with the Sweepstakes may be used by Sponsor in accordance with the Sponsor’s Privacy policies, which may be found here: http://yoganonymous.com/pages/privacy
ENTRY RESTRICTIONS. Once submitted, entries become the property of Wanderlust, Aveda, and YOGANONYMOUS and will not be returned. Entries must be manually key stroked. Online entries generated by script, macro, robotic, programmed or like means are prohibited and will be disqualified. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the Authorized Account Holder of the e-mail account from which the online entry is submitted as of date of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. Not valid for prior purchases, prior balances or purchases of gift cards or value sets.
WINNER DETERMINATION. There will be one (1) winner in total. All prize winners will be selected on or before March 3, 2017 from all eligible entries received. By participating, entrants accept and agree to abide by and be bound by these Official Rules, which are final and binding in all respects. Persons initially selected as winners will be notified by phone and/or e-mail within (3) business days of the drawing.
ODDS OF WINNING: Odds are based on the number of eligible entries received during the Contest period; estimated at approximately 1:10,000.
PRIZES: One (1) “Grand Prize” of $400 Aveda gift card and (2) tickets to Wanderlust Stratton with a retail value of $1,500 Not available for resale, transfer or for cash equivalent. Must be redeemed prior to the Wanderlust Stratton festival. May not be combined with any other discounts, offers, special or promotional rates, or value-added programs. Not valid for prior purchases, prior balances or purchases of gift cards or value sets. May not be combined with any other discounts, offers, special or promotional rates, or value-added programs.
Only the prizes specified will be awarded. The prize(s) are non-transferable, with no cash redemption or equivalent. Winner(s) shall be responsible for all expenses not specifically provided for in the prize(s), including, but not limited to, meals and transportation. All federal, state and local income taxes connected to the prize are the sole responsibility of the winner. All federal, state and local laws and regulations apply. Sponsor shall only be responsible for awarding the number of prizes as stated in these rules. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prize awarded. Sponsor makes no representation or warranties concerning the appearance, safety or performance of the prize awarded. If the event selected by the winner is cancelled for any reason, the prize shall be void.
CLAIMING PRIZE: Within one (1) day of notification of winning, the prize winner must provide Sponsor with the name, address and email address of prize winner. Failure to provide this information will result in forfeiture of the prize and alternate winner shall be selected. If a prize is refused, a prize notification is returned or deemed undeliverable, or the potential winner is disqualified for any reason, an alternate winner will be selected. Prize may not be transferred or assigned until after the actual winner has complied with all his or her obligations under these Official Rules. All expenses related to acceptance or use of prize which are not specified in these Official Rules, as well as all applicable taxes on prize, are winner’s sole responsibility.
CONDITIONS OF PARTICIPATION. Winners will be required to complete, execute and return an affidavit of eligibility, a liability release and a publicity release (where legal) within (2) days of date of prize notification materials. In the event of non-compliance with this requirement or if prize notification is returned as undeliverable for any reason, prize will be forfeited without compensation of any kind and an alternate winner selected from among all remaining eligible entries received. By accepting prize, except where prohibited by law, winner agrees to the use of his/her name, address (city, state), likeness, voice, photograph, other indicia of persona and/or statements made by winner regarding the prize, the Contest or the Sponsor for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. Further, by accepting prize, winner agrees without additional compensation to participate, at time(s) of Sponsor’s sole choosing, in interviews and/or other publicity activities which may include filming and/or audio recording and/or electronic recording, as may be determined by Sponsor from time to time in its sole discretion; and, winner further understands and agrees that the content of such interviews/publicity activities shall be the sole property of Sponsor, to the extent permitted by law (and winner agrees, upon Sponsor’s request, without further compensation to complete and sign any and all documents deemed necessary by Sponsor in its sole discretion so as to record, perfect or effect Sponsor’s rights in said content. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the Contest or any web site; to be acting in violation of the Official Rules or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its rights.
PRIVACY: Sponsor shall collect personal data about entrants in accordance with applicable laws. Entrants shall have the option to “opt out” of email communication by Sponsor or Sponsor’s partners; opting out shall not affect entrant’s odds of winning. By participating in the Contest, you hereby agree to Sponsor’s collection and usage of your personal information.
GENERAL RELEASE/LIMITATION OF LIABILITY: By participating, entrant indemnifies, releases and agrees to hold harmless each of Wanderlust Media, LLC, and Aveda, their respective parents, affiliates and subsidiaries, and the directors, officers, agents, representatives, shareholders, and employees of any of the above organizations (“Released Entities”) from any and all liability arising from participating in the Contest, any Contest-related activity and/or acceptance, receipt, possession or use/misuse of any prize.
Upon release of the prize to the third-party carrier, (i.e., US Postal Service, Fed Ex or UPS) or electronic issuance of the prize, Sponsor will be deemed to have awarded the prize to the winner with the winner assuming full responsibility for the prize. Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to your or any other person’s computer relating to or resulting from participating in this Contest and contest or downloading any materials in this Contest and contest.
Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and entrants further waive all rights to have damages multiplied or increased.
If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select winners from among all eligible entries prior to the cancellation. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error or disruption or damage will be disqualified. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, United States of America.
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
- AVEDA PURE PRIVILEGE PROGRAM: For the terms and conditions applicable to the Aveda Pure Privilege program, please visit Pure Privilege Terms & Conditions.
- PRODUCTS AND SERVICES FOR PERSONAL USE: The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve 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 that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
- PURCHASE RELATED POLICIES AND PROCEDURES: To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
- ACCURACY OF INFORMATION: We attempt to be as accurate as possible when describing our products on the Site; however we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
- INTELLECTUAL PROPERTY: All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. Except as set forth in Section 7 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
- LIMITED LICENSES; USE RESTRICTIONS: We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
- frame or utilize framing techniques to enclose the Site or any portion thereof;
- use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
- make any use of the Site or any Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the Site or any Content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local, state, national or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 7 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
- YOUR OBLIGATIONS AND RESPONSIBILITIES: By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
- YOUR ACCOUNT: Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time by contacting us here . We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so. Aveda Pure Privilege members should notify Aveda Pure Privilege of changes to their information by contacting Customer Service at (800) 230-8051 or via email: AvedaMemberinfo@usafill.com.
- THIRD PARTY LINKS: We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
- USER CONTENT: When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Deletion of User Content: If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, , please contact us by email at AvedaOnlineTech@aveda.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
- NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT: We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Designated Agent for notice for claims of copyright infringement is Gregg Marrazzo, Senior Vice President and Deputy General Counsel, The Estée Lauder Companies Inc., 767 Fifth Avenue, New York, N.Y. 10153. Telephone: (212) 277-2320. Email: firstname.lastname@example.org.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AVEDA ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO AVEDA ONLINETECH@AVEDA.COM.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED “AS IS.” NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS, WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
- INDEMNIFICATION: You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
- DISPUTES: With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF AVEDA OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
General: You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation. If you have any questions regarding these Terms and Conditions, please email us at AvedaOnlinetech@Aveda.com. If you have any concerns about the Aveda Pure Privilege Program, please contact AvedaMemberinfo@usafill.com or phone (800) 230-8051. Copyright © Aveda Corporation. All worldwide rights reserved