ETIENNEAIGNER.COM USER AGREEMENT


This User Agreement governs all use of ETIENNEAIGNER.COM and its affiliated websites (together “ETIENNEAIGNER.COM” or the “Site”). As used in this User Agreement, “you” and “your” refers to the user of ETIENNEAIGNER.COM, and, if you are under eighteen (18) years of age, “you” and “your” includes your parents or legal guardian. “We”, “us” and “our” refers to Etienne Aigner, Inc. (the “Company”).


ETIENNEAIGNER.COM is offered exclusively subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on ETIENNEAIGNER.COM. By accessing or using any part of the ETIENNEAIGNER.COM website you agree to become bound by the terms and conditions of this Agreement.


We may, in our sole discretion, modify, add, delete or otherwise change the provisions of this User Agreement from time to time. When we make changes to this User Agreement, we will notify users of the changes and ask for agreement at that time. If you do not agree to the amended User Agreement, you may not continue to use ETIENNEAIGNER.COM. It is your responsibility to regularly check the ETIENNEAIGNER.COM website to determine if there have been changes to this User Agreement.


Limited Right to Use the Site

The Company grants you a non-exclusive, non-transferable, limited right to access ETIENNEAIGNER.COM and the materials thereon for your personal use only, provided that you comply fully with the terms under this User Agreement. You shall not interfere or attempt to interfere with the operation of ETIENNEAIGNER.COM in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.


Ownership of Intellectual Property and Restrictions on Use of Materials

Unless otherwise noted, all content on ETIENNEAIGNER.COM, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of the Company and/or affiliated companies, third party licensors and/or other respective owners including but not limited to other users (collectively the “Site Content”), and are protected, without limitation, by U.S., Canadian and other foreign copyright, trademark and patent laws. For purposes of this Agreement, the use of any Site Content on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the Site Content for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Site Content in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any other use of the Site Content is expressly prohibited. Any attempts to access the Site Content in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not make any modifications to any Site Content.


Trademarks

Unless otherwise noted, ETIENNE AIGNER®, ETIENNEAIGNER.COMTM and all of the graphics, logos, designs, page headers, button icons, scripts and service names shown on ETIENNEAIGNER.COM are the registered trademarks, trademarks or trade dress of Etienne Aigner, Inc. and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.


Privacy

Your privacy is important to us. We have a separate privacy policy about how we treat your information. To view our Privacy Policy, please click the Privacy Policy link.


Indemnification

You shall indemnify, defend and hold harmless the Company its parent, affiliates, subsidiaries and their respective officers, directors, agents, employees, content providers, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any matter, claim or lawsuit arising out of, based upon, or resulting from your use of the Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any such matter, claim or lawsuit otherwise subject to indemnification by you and you shall not in any event settle the same without the written consent of the Company.


Disclaimer of Warranties and Damages; Limitation of Liability

The Site, including all content, software, functions, materials and information made available on or accessed through the site, is provided on an “as is” “as available” basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Neither the Company nor its content providers warrant that the functions, features or content contained in the Site will be uninterrupted or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the Site, the content thereof, the materials, information and functions made accessible by the software used on or accessed through the Site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. The Company, its parents, subsidiaries, affiliates, agents or content providers make no warranties and shall not be liable for the use of the Site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to the Company, its parent’s, subsidiaries’, affiliates’, agents’ or content provider’s negligence. If you are dissatisfied with the Site or any materials on the Site, your sole remedy is to discontinue using the Site.


Certain content may be considered objectionable by individual users and users must exercise their discretion in using and allowing minors or others to use the Site.


Under no circumstances shall the Company, its parent, subsidiaries, affiliates, agents or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the Site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorized representative thereof have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the Company, its parent, subsidiaries, affiliates, agents or content providers to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions of use or your use of the Site exceed, in the aggregate, $100.00.


No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company, its parent, affiliates, subsidiaries, or agents other than pursuant to this User Agreement. The Company shall not be responsible for the payment of any monies to any party in connection with the Company’s use of communications submitted by you to the Site.


Non-United States Residents

The Company makes no representation that any materials in the Site, including any copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


Choice of Law and Jurisdiction

This User Agreement shall be governed by and construed in accordance with, and the Site shall be protected pursuant to the laws of the State of New York, without giving effect to any principles of conflicts of laws. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this User Agreement shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. A printed version of this User Agreement shall be admissible in judicial and administrative proceedings based upon or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect.


General Provisions

This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of ETIENNEAIGNER.COM. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.