2. PROPRIETARY RIGHTS: Except as otherwise expressly stated in these Terms, Trish McEvoy Ltd. (“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. CONTENT IS FOR INFORMATIONAL PURPOSES ONLY: All content on the Website is intended to be used for educational or informational purposes only. 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: If you are over thirteen (13) years of age, you may create an account on the Website. Each account has an email address/username and password associated with it, and those are necessary for access. 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 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.
6. ORDERS FOR PRODUCTS AND SERVICES: The Website makes certain products available to users for purchase. All prices displayed are quoted and must be paid for in U.S. dollars. Trish McEvoy may restrict delivery to addresses within the United States and Canada. Trish McEvoy will add shipping and handling fees and applicable sales/use tax to all orders. If you order any products, you hereby represent and warrant that you are 18 years of age or older. You 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.
7. LINKING TO THE WEBSITE: A website that links to the Website may link to, but not copy, any of the content available on the Website (including images, video, audio, text, code, graphics and other similar material) and, further, may not (i) link to the Website from any other website in a manner such that 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 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. If we so request, you shall remove any link previously created, unless otherwise expressly authorized by us in writing.
8. THIRD PARTY WEBSITES: From time to time, you may be able to link from the Website to third party websites and third party Websites may link to the Website. Trish McEvoy does not monitor, approve or have any control over any information, content, code or other materials which is provided by or through these third party websites (collectively, “Third Party Content”). Trish McEvoy does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. We are in no way responsible for examining or evaluating, nor do we 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 our policy with regard to unsolicited suggestions, ideas, or other material, 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 Trish McEvoy 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, libellous, 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.
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. In the event that any provision of these Terms 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 unenforceable or invalid as a whole but these Terms 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.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms, at any time. Changes in the Terms will be effective when posted. Your continued use of the Website after any changes to these Terms are posted will be considered acceptance of those changes.
We control and operate the Website from the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations, or that products or services are available for purchase or delivery outside the United States. Persons who choose to access the Website from other locations do so on their own and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
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 WESITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. WE TRY TO ENSURE THAT THE INFORMAITON PROSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION POSTED ON THE WEBSITE AT ANY TIME AND WITHOUT PRIOR WARNING. 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.
LIMITATION OF LIABILITY: TO THE 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. 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, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FOR ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY CLAIM, ACTION, OR DEMAND RESULTING FROM YOUR USE OF THE WEBSITE OR BREACH OF THESE TERMS. 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.
GOVERNING LAW AND JURISDICTION: THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH the laws of THE State of New York, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. Both parties consent to the exclusive jurisdiction of any state or federal court sitting in the State of New York.
13. 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: Alexandre A. Montagu
1120 Avenue of the Americas, 4th Fl
New York, NY 10036