The following Terms and Conditions apply to all visitors and users of the online and/or mobile services, website, and software provided by Trish McEvoy, Ltd. (referred to herein as “Trish McEvoy,” “us,” or “we”) including without limitation the TrishMcEvoy.com website (the “Website”).
By visiting or using the Website, you are acknowledging that you have read, understand, and agree to be bound by these terms and conditions (collectively, the “Terms”). We reserve the right to amend the Terms at any time by posting the amended terms to the Website, and the amended Terms will be effective when posted. Your continued use of the Website means that you accept and agree to the changes posted and is bound by any such revisions. The company reserves the right to terminate or suspend your account without any notice, in case of violation of rules and also other remedies available to it by law for such violations.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE REVIEW THE DISPUTE SECTION AT PARAGRAPH __ BELOW CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
- PRIVACY POLICY:
Please review our Privacy Policy which also governs your visit to the Website, so that you may understand our privacy practices with regard to personal information that we collect through this Website. The Privacy Policy is incorporated by reference into these Terms, and by using the Website you agree to our use of any information that we collect from you in conformance with our Privacy Policy.
2. PROPRIETARY RIGHTS:
Except as otherwise expressly stated in these Terms, Trish McEvoy is the sole owner of all content and code on the Website, including, without limitation, all text, images, graphics, typefaces, icons, audio, code, video, the look and feel, design and other material contained on the Website, all of which is protected by applicable copyright law. The compilation (meaning the collection, arrangement and assembly) of all content, code, data and materials on the Website is the exclusive property of Trish McEvoy and is protected by applicable copyright law.
You agree that all of Trish McEvoy’s trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of Trish McEvoy (the “Trish McEvoy Marks”). Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the Trish McEvoy Marks without the permission of Trish McEvoy. Your misuse of the Trish McEvoy Marks displayed on the Website or on or through any of the Website’s features is strictly prohibited.
3. USE OF THE WEBSITE:
You may access and use the Website on your computer or other device, subject to these Terms. This Website is for your personal use only.
Except as otherwise expressly stated in these Terms, neither the content on the Website nor any portion of the Website may be used, reproduced, duplicated, published, copied, deleted, sold, resold, accessed, distributed, modified, reverse engineered, adapted, or otherwise exploited (including, without limitation, through the creation of derivative works), in whole or in part, for any purpose without our express, prior written consent, unless required under applicable law. You are permitted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with Trish McEvoy or otherwise using the Website as a personal shopping resource.
In addition, and without limiting the foregoing, while using the Website, you shall not: (i) engage in spidering, screen scraping, database scraping, harvesting of email addresses, wireless addresses, or other contact or personal information or any other automatic means of obtaining lists of users or other information from or through the Website or other the services offered on or through the Website, (ii) obtain or attempt to obtain unauthorized access to computer systems (whether belonging to Trish McEvoy, its affiliates, contractors or a third party), materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden or impair the Website or its services, including, without limitation, sending mass unsolicited message or “flooding” servers with requests; or, (iv) use the Website or its services or features in violation of Trish McEvoy’s or any third party’s intellectual property or other proprietary or legal rights, or in violation of any applicable law.
4. DISCLAIMER:
The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Use of the Website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Trish McEvoy does not give or intend to give any answers to medical related questions and the Website does not replace any medical professional or medical resource. Trish McEvoy does not represent itself as a physician nor is this implied.
5. YOUR ACCOUNT:
You must be over thirteen (13) years of age to create an account on the Website. Each account requires a user an email address/username and password. By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Trish McEvoy; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Website permit such updates; and (d) use limited-access portions of the Website only using access credentials that we have issued to you. It is your responsibility to maintain the confidentiality of your account, username and password and to restrict access to your computer. You are responsible for all activities that occur under your account, username and/or password. You must notify Trish McEvoy immediately of any unauthorized use of your credentials or any breach of security. Trish McEvoy will not be liable for any losses caused by any unauthorized use of your account. You agree to provide only current, complete, accurate and truthful information in relation to your account. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if Trish McEvoy’s determines that it is necessary to do so.
6a. ORDERS:
The Website makes certain products available to users for purchase. All prices displayed are quoted and must be paid for in U.S. dollars. If you order any products, you hereby represent and warrant that you are 18 years of age or older and agree to pay in full for any purchases you make either by credit or debit card concurrent with your online order, or by any other payment means acceptable to Trish McEvoy. Certain products or services that you purchase through the Website may be subject to additional terms and conditions presented to you at the time of such purchase.
The products and services available on the Website, including any samples of products or services that you may receive, are for your personal, non-commercial use only. You may not sell or resell, or offer to sell or resell, any of the products or services (or samples) you purchase or otherwise receive from us. We reserve the right to cancel or reduce the quantity of any order you have placed through the Website or products or services to be provided to you, that we believe, in our sole discretion, may result in the violation of these Terms, and may do so with or without notice to you.
Gift quantities are limited and offer is subject to availability. Only one gift offer per household; gift offers may not be combined. Gift offer is not applicable to gift cards or guaranteed with items that are back ordered at the time of purchase. Offers cannot be retroactively applied. All gifts are for personal use only and may not be resold or otherwise used commercially. We reserve the right to cancel any order or to refuse to deliver a gift to a customer if we believe that there may have been fraud or misuse of the offer. We reserve the right to substitute any gift item offered with an item of equal or lesser value.
6b PROMOTIONS:
Unless otherwise expressly noted on the Website, promotional discounts offered on the Website do not include fragrance, brushes or gift cards. Discount offers may not be combined with any other discounts or gift offers. Limit one discount or bonus gift offer per order.
- LINKING TO THE WEBSITE:
A website may link to this Website provided it does not (i) do so in a manner where the Website or any page of the Website is “framed,” surrounded, or obfuscated by any third party content, materials or branding, (ii) imply that Trish McEvoy endorses the referring website or its products or services, or otherwise misrepresent its relationship with Trish McEvoy, (iii) portray Trish McEvoy, its products or services, in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate Trish McEvoy with products, services or opinions that we deem, in our sole discretion, to be objectionable. Further, no portion of the Website (including images, video, audio, text, code, graphics and other similar material) may be copied for any reason without our prior express written permission. We reserve the right, in our sole discretion, to demand any third party website cease linking to this Website.
8. THIRD PARTY WEBSITES:
This Website may contain links to other websites. Trish McEvoy does not monitor, approve or have any control over any information, content, code or other materials that is provided by or through these third party websites (collectively, “Third Party Content”), does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content, and shall in no way be responsible for examining or evaluating, nor assume any responsibility or liability for the actions, content, products, or services, of third party websites or Third Party Content, including, without limitation, their privacy policies and terms and conditions, or their compliance with state or federal law, or with copyright, trademark or other intellectual property laws. Your use of Third Party Content is at your own risk.
9. SUBMITTED MATERIALS:
It is our policy to decline unsolicited suggestions and ideas (including, but not limited to, those for new or modified products, services, packaging or marketing). Notwithstanding such policy, any inquiries, feedback, suggestions, ideas or other information you provide us (including, for example, and without limitation, that you submit or post to our chat rooms, message boards and/or blogs, or send to us via e-mail or regular mail (each, a “Submission”), will be deemed to be non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us full ownership of the Submission. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned to you and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
10. USER CONTENT AND CONDUCT ON PUBLIC FORUMS:
From time to time, Trish McEvoy may make available a service to ask the company a question, bulletin boards, message boards, other interactive forums or other such services on or through the Website. In addition to any other rules or regulations that we may impose in connection with a particular service, you agree that when you transmit, upload, post, email or otherwise make available data, text, videos, music, sound, photographs, graphics, images, messages, or other materials (“User Content”) on the Website, you are entirely responsible for such User Content. You represent and warrant that the Content you submit to us is your original creation, that you own or have all necessary rights, licenses, consents and permissions to submit the User Content to the Website and enable us (and our sub-licensees) to reproduce, distribute, display and use the User Content on the Website and in various media, including by means of public distribution, posting, exhibition, broadcasting, transmission, display or publication. By submitting the User Content to the Website, you are granting us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from the User Content for any purpose whatsoever, and (ii) sublicense to third parties the unrestricted right to exercise any of the rights listed in the preceding clause (i) with respect to such User Content.
You will continue to own all of the User Content and information you submit to the Website, provided, however, that you acknowledge that any ideas and suggestions of the type described in the “Submissions” paragraph above, shall be treated by us as described in the “Submissions” section above.
We encourage you to remember that comments and information that you may post to a public forum of any type, including your personally identifiable information, will be disclosed and available to all users of that forum, and therefore is no longer private. Each user who posts User Content to the Website is entirely responsible for all User Content that he or she posts to the Website, and Trish McEvoy shall have no responsibility whatsoever for any User Content.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, or otherwise making available on the Website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have the right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate, or misleading; (d) you were compensated for or granted any consideration of any form by any third party; or (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national, or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content, including, without limitation, for 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 made available on or through the Website. By using the Website, you acknowledge that you may be exposed to User Content that is offensive or objectionable to you. Under no circumstances will Trish McEvoy be responsible for any User Content on the Website.
You acknowledge that we have the right (but not the obligation) in our sole discretion to, in whole or in part, to refuse to post or upload, remove, modify or edit any User Content that violates these Terms or is otherwise objectionable and we reserve the right, at any time, to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.
11. NO PARTNERSHIP:
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us and you. 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 provisions hereof be taken or held to be a waiver of the provision itself.
12. DISCLAIMER; REPRESENTATION AND WARRANTIES; LIMITATION OF LIABILITY:
DISCLAIMER:
THE WEBSITE IS PROVIDED AN “AS-IS”, “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
We do not warrant that the Website or the services, content, functions or materials provided through the Website will be timely, secure, uninterrupted or error free or that defects will be corrected. We try to ensure that the information posted on the Website is correct and up-to-date but there may be instances where information is not accurate or up-to-date, and we will not be liable for and not responsible for honoring any such errors. We reserve the right to change or make corrections to any of the information posted on the Website at any time and without prior notice. We assume no responsibility and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to, use of, or browsing in the Website or downloading of any materials, data, text, images or content from the website.
We control and operate the Website from the United States of America. We make no representation that any Website is appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS APPLICABLE TO THESE TERMS, TRISH MCEVOY DISCLAIMS LIABILITY FOR ANY DAMAGES OR INJURY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES EVEN IF TRISH MCEVOY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRISH MCEVOY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE.
INDEMNIFICATION:
You agree to defend, indemnify and hold Trish McEvoy and its affiliates, subsidiaries, agents, licensors, and managers, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Website with your unique username, password, or other appropriate security code. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
GOVERNING LAW AND JURISDICTION:
The laws of the State of New York shall govern your use and access to the Website and these Terms, without regard to conflict of laws rules, as if these Terms were entered into by residents of New York state. Except for certain matters as noted in the Dispute section below, Any dispute that may arise between you and Trish McEvoy or its affiliates shall be governed by the Disputes section below. For any dispute not governed by the Dispute section, you irrevocably consent to the jurisdiction of the state courts located in or serving New York County, New York or a federal court of competent jurisdiction in the Southern District of the State of New York . Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
DISPUTES; BINDING ARBITRATION/CLASS WAIVER
For any dispute you have with Trish McEvoy in connection with this Website, these Terms, the Subscription program, or the SMS program, you agree to first contact us at and attempt to resolve the dispute with us informally. In the event we are unable to resolve a dispute within sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any of Trish McEvoy’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of New York, NY under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall be deemed to prevent Trish McEvoy from seeking injunctive or other equitable relief in court as necessary to protect any of Trish McEvoy’s proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TRISH MCEVOY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
ASSIGNMENT / ENTIRE AGREEMENT / SEVERABILITY / ADMISSIBILITY
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you under any circumstance, but may be assigned by Trish McEvoy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and Trish McEvoy with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Trish McEvoy with respect to the Website.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
13. LIMITED LICENSE
The content, information, software, designs, materials, functions and data included in and contained on the Website (the “Content”) is protected by intellectual property and other laws in the United States and other jurisdictions. You must comply with these and any other applicable laws when you use the Website. All Content including but not limited to designs, structure, text, logos, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming on this Website is protected by copyright and is the property of Trish McEvoy. Except as required under applicable law, no portion of the Website, in whole or in part may be used, copied, sold, reproduced, duplicated, modified or exploited without prior written permission from Trish McEvoy.
Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use the Website only for your personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, Trish McEvoy grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Website on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume, scraping, or other automated use of the Website is strictly prohibited.
As a condition of your use of the Website, you warrant to Trish McEvoy that you will not (i) use the Website for any purpose that is unlawful or prohibited by these Terms; (ii) use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, (iii) create, post or otherwise convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims, or (iv) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
In addition to all our rights in law and equity, we may limit or terminate your license to use the Website or certain features of the Website, or purchasing from the Website, at any time and for any reason, without prior notice to you including our belief you violated these Terms.
14. COPYRIGHT AGENT; DMCA:
If you believe that your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please send Trish McEvoy’s designated copyright agent a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit location of the material on the Website.
The complaining party’s address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
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 an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Agent: Brett Manchel
Amin Talati Wasserman LLP
100 S. Wacker Drive, Suite 2000
Chicago, IL 60606
PH (Direct) 312.784.1066
PH (Office) 312.466.1033
Last Updated: May 2, 2024