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TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE.  By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below.  If you do not agree to these Terms of Use, please do not use this website.  Mauboussin can revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.  Please check these Terms of Use periodically for changes.

This website is owned and operated by MAUBOUSSIN USA Inc. ("Mauboussin," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these Terms of Use.

In connection with viewing and using this website you are permitted to print out or temporarily download onto a single computer one copy of the materials posted on this website for your personal, reference and/or informational purposes only.  This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, screen scraping, or similar data gathering and extraction tools.

Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without our written consent.  Requests for such permission should be made to eboutique@mauboussin.us. All rights not expressly granted herein are reserved.  Downloading of any information, content or images from this website does not transfer any right or ownership of such items to you, and such information, content or images may be used only in accordance with these Terms of Use. 

CONTENTS AND HYPERLINKS

This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk.  We have no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.  A description or reference to a third party product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Mauboussin of that product, service or publication.  

Links to this website from third party sites are permitted only upon approval from Mauboussin.  Please contact us at eboutique@mauboussin.us to seek approval of such links. 

USER CONTENT

Mauboussin is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them.  Therefore, please do not send us any original creative materials such as product ideas or suggestions.  Anything you disclose or offer to us by or through this website ("Disclosures"), including e-mails to Mauboussin or postings on interactive portions of this website, shall be freely usable by Mauboussin for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.  By uploading or otherwise providing any Disclosure to this website or Mauboussin, you hereby grant Mauboussin and its designees the unlimited, perpetual, irrevocable right to reuse, publish, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived.  Any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You hereby RELEASE Mauboussin from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. 

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

Mauboussin does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by visitors to this website and other third parties, including any such information provided in comment areas or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.  All such content shall be deemed Disclosures and freely usable by Mauboussin as provided in these Terms of Use.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
(1) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
(2) You will not upload viruses or harmful components.
(3) You will not use the website to further any illegal purpose or to violate the rights of any party.
(4) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
Mauboussin will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.  You hereby agree to indemnify us for all claims resulting from content you supply.

PRODUCTS, PRODUCT WARRANTIES AND TERMS OF SALE

Your purchase of products from this website is subject to our Terms of Sale which set forth terms applicable to the order, delivery and return of products offered through this website.  If you do not agree to these Terms of Sale, please do not order products from this website.  Products offered through this website shall be subject to the Return Policy set forth in the Terms of Sale and shall be warranted through the written warranty provided in such terms.  ANY APPLICABLE WRITTEN LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.  ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF SUCH WRITTEN LIMITED WARRANTY.

In the event a product is listed at an incorrect price due to mistake, typographical error, or error in pricing information received from suppliers, Mauboussin shall have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted.

NO REPRESENTATIONS OR WARRANTIES FOR WEBSITE

Mauboussin makes no representations or warranties that this website is free of defects, viruses or other harmful components.  We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Mauboussin's computer systems.  The pages on this website may contain technical inaccuracies, outdated information and typographical errors.  YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD MAUBOUSSIN HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS."  MAUBOUSSIN DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION OR CONTENT THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE.  WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION FOR ACCOUNT

You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account.  You agree to indemnify, defend and hold Mauboussin harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these Terms of Use or from your account.  You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent.  We reserve the right to assume the defense and control of any matter subject to indemnification by you.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MAUBOUSSIN BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MAUBOUSSIN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

JURISDICTION AND CHOICE OF LAW

Mauboussin controls and manages this website from its facilities in the state of New York. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America.  Information published on this website may contain references to products, programs and services that are not announced or available in your country or region.  We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.  You and Mauboussin irrevocably consent to the exclusive jurisdiction of the courts located in the state and county of New York in connection with any action arising out of or related to these Terms of Use, this website, or any products or services sold or distributed by or through this website.  You and Mauboussin waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Mauboussin or any third party, whether by estoppel, implication, or otherwise.  All brands and names are the property of their respective owners.

Except as otherwise noted, Mauboussin is the owner of all trademarks and service marks on this website, whether registered or not.  All registered trademarks are registered in the United States of America (and other applicable jurisdictions).  A partial list of the trademarks of Mauboussin is as follows: MAUBOUSSIN and the MAUBBOUSSIN Logo.

SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this website. 

Despite any representations concerning privacy, Mauboussin reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.  Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

GENERAL

These Terms of Use, together with our Terms of Sale and Privacy Policy, represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.  A waiver of any of these Terms of Use shall not be considered a waiver of any other provision or to constitute a waiver of future obligations. 

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.  Mauboussin reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Mauboussin may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Mauboussin.  In the event of a conflict between such terms and these Terms of Use, such specific terms shall control.

Unless otherwise indicated, all material on this site © Copyright 2010 MAUBOUSSIN USA Inc.
All rights reserved.

CONTACT INFORMATION:
MAUBOUSSIN USA Inc.
714 Madison Avenue
New York, NY  10065-7207
Attn: Caroline Anderson
Tel: (212) 752-4300 or (877) 497-1827
Fax: (212) 752-8500
Email: eboutique@mauboussin.us

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