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Terms of Use

TERMS OF USE

Last Updated: September 30, 2016

Hi and welcome to the NotJustPerfume.com website (the “Website”).  This Website is owned and operated by Huntington Operating Corp. (the “Company”).  The Company reserves all rights and ownership of the content of the Website. The terms of use contained herein (the “Terms”) apply to all the products and services offered by the Company on the Website and elsewhere.  Please take the time to read these Terms very carefully. Your use of the Website constitutes that you fully and completely accept these Terms and that you agree to follow and be legally bound by these Terms including our official Privacy Policy found on the Website, even if the Terms contradict or seem to contradict information found elsewhere on the Website.

These Terms apply regardless of the device (i.e., pc, smartphone, tablet, etc.) you use to access the Website. 

If you do not agree to these Terms and our privacy policy, please simply stop here and do not use the Website.

If you plan to spend at least $2000 on a single order, we encourage you to contact us so that we can process your order (subject to credit and other approvals) “offline”.

Updates to The Terms

We reserve the right to update these Terms at any time without notice and at our complete sole discretion.  The updated Terms will be effective when posted on the Website. So please check the Website for updates to the Terms each time you visit the Website. 

No matter what, you are responsible for payments due for any products ordered via the Website.  If we do not receive payment from your credit card issuer or its agents or from any approved financing source that you use, you agree to promptly submit payment to us in full. You are responsible for any costs of collection for overdue payments.  Your purchases may also be subject to state and other taxes.

Your Using the Website

Subject to your full and complete compliance with these Terms, we grant you permission to download, display, view, use, and/or print sections of the Website for your personal, non-commercial use only.  Any other use is strictly prohibited without prior written approval from the Company.

Website Information Ownership

All right, title, and interest in the Website and all the content in and shown on the Website (individually and collectively the “Content”) is owned or controlled by the Company, affiliates or licensors, and is protected by federal, state and international copyright, trademark, patent, or other intellectual property laws.  The Company entirely owns the copyright in the selection, method of compilation, assembly, arrangement, and the enhancement of the Content on the Website.  

Website Open Hours

While we strive for the Website to be accessible 24 hours a day and 7 days a week, we are not liable for any downtime or periods of inaccessibility.  We reserve the right to suspend or terminate the Website in whole or in part, for any reason, in our sole discretion, and without advance notice or any liability of any kind whatsoever.

Lots of Information on the Website

Of course, price and availability information is subject to change at any time, without any notice and in our sole discretion.  We make no representations or warranties about the accuracy or completeness of the information on the Website. Given that there is so much information on the Website there might be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product information, including but not limited to descriptions, pricing of any kind, photographs, promotions, offers, and availability. At any time, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Website or even cancel orders that you have already successfully placed if any information on the Website is inaccurate or if we at our sole discretion wish to do so.  When it comes to colors, due to technological limitations, we can’t guarantee the display of any color on your particular device will be accurate. Accordingly any reliance by you on the material on the Website is only at your own risk. Our prices are in US dollars. Please also note that product pictures may vary as packaging changes do occur and unintended errors are always possible.

Restrictions and other “No-No’s”

You agree that you may not post to or from or transmit to or from the Website any material:

  • (a)    that is generally viewed as being harmful including but not limited to anything threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  • (b)   with respect to which you have not gotten all required and needed approvals, permissions, and/or licenses;
  • (c)    which potentially could constitute or encourage actions that would be considered a crime, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  • (d)   which potentially harms technological systems, including, but not limited to computer viruses, worms, Trojan horses, harmful components, corrupted data or other any other type of malicious software code or data that might harm or limit the operation of another's computer or the property of another; or obtains, scrapes, or otherwise collects information about others, including but not limited to e-mail addresses.

You can expect that the Company will fully cooperate with any law enforcement authorities or court order from judges requesting or directing the Company to disclose the identity of or locate anyone posting any material in breach of items (a)-(d), above.

Links on the Website to Other URL’s

The links on our Website are provided only for your convenience. The Company has not reviewed all of these third-party websites whose respective data might change at any time and is not responsible for these websites nor their respective content nor their respective availability. The Company accordingly cannot and does not endorse or make any representations of any kind about these other websites even though you might get benefit from them.  If you decide to use any of the links found on our Website, you do so entirely at your own risk.

Keeping it Confidential and Not

Other than information that can identify you, which is discussed in our privacy policy, any material you transmit or otherwise post to the Website will be considered non-confidential and non-proprietary in nature. Please do not post anything information that you consider confidential in any way. Accordingly, we have no obligations with respect to any such material and are not at all obligated in any way to treat any of your suggestions or your improvements submitted to us in a confidential or proprietary manner of any kind. We may use your suggestions and improvements as we see fit without compensating you for them.

Disclaimer of Warranties

YOU AGREE TO USE THE WEBSITE AT YOUR SOLE RISK.  YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL ITS CONTENT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS OR FREEDOM FROM ANY SORT OF MALICIOUS CODE.  THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE ACCURACY OF ANY OR ALL THE CONTENT DISPLAYED ON THE WEBSITE.

Our Liability is Limited

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR SOLE REMEDY FOR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PURCHASING FROM US SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE FOR THE PRODUCT PURCHASED VIA THE WEBSITE OR PURCHASED FROM THE COMPANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, LOSS OF DATA, INCOME OR PROFIT, DAMAGE TO PROPERTY OF ANY KIND, DAMAGE TO REPUTATION, DAMAGE FROM TERMINATION OF YOUR ABILITY TO SELL PRODUCTS ON A MARKETPLACE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR FROM YOUR BUYING FROM US, WHETHER BASED IN TORT, A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE---EVEN IF THE COMPANY WAS FULLY OR SOMEWHAT AWARE OF THE CHANCE OF YOUR INCURRING SUCH DAMAGES.

Your Indemnification

You agree to defend, indemnify, and hold the Company, its affiliates, its agents, and their respective employees, officers and directors harmless from and against any and all claims, damages, losses, liabilities, costs and obligations (including attorneys’ fees) arising out of  (a) your use of the Website; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders in connection with your use of the Website; and (d) any misrepresentation made by you. You agree to use your best efforts to cooperate with the Company in the defense of any claim. This indemnification obligation survives termination of these Terms and your use of the Website.

Intended Website Audience

The Company operates this Website from the United States of America and makes no representation whatsoever that the Content is appropriate or will be available for use in locations outside the U.S.A. If you use this Website from outside the U.S.A, you are entirely responsible for compliance with applicable local laws, including but not limited to the export,import, and transportation regulations of the relevant countries. Unless otherwise explicitly stated in the Website, all Content is only directed towards individuals, businesses or other entities located in the U.S.A.

Resale and Personal Use Only

You represent that the only commercial purpose for which you are using the Website is to buy products for legitimate resale and will be personally responsible for all damages to the Company for any other commercial use that harms the Company or its affiliates, employees, agents, or suppliers in any way. Notwithstanding the prior commercial limitation, purposely buying products on the Website for personal use is permitted provided you pay applicable sales taxes, if any.

Independent Contractor

You are an independent contractor. Nothing contained in these Terms creates a partnership, joint venture, employer/employee, principal-and-agent, or any similar relationship between you and the Company.

Non-Exclusive Relationship

The relationship between you and the Company is non-exclusive. You may buy competing products from whomever you wish and the Company may sell any and all of its products to anyone, including without limitation, if applicable, your direct and indirect competitors and your customers.

Disparagement

You agree that you will not disparage the Company, its affiliates, its agents, and their respective employees, officers and directors for reasons directly or indirectly related to use of the Website or related to purchasing from the Company.

DMCA Claims

The Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”).  If you own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed on the Website, please send us a written notice that includes all of the information required by the DMCA. We will only respond to DMCA Notices received by certified mail or acknowledged e-mail at the addresses below:

Mail:

NotJustPerfume.com
9822 Harwin Dr. Houston, TX 77036 
(Attn: DMCA team)

e-mail: [email protected]

Saying Goodbye

We reserve the right to terminate your use of the Website at any time, without notice and in our sole discretion.  We reserve the right to refuse service to anyone and/or to refuse to sell or ship products to anyone for any reason at any time and even after your order has been accepted on the Website. In addition to the many other reasons which permit us to cancel any order at any time, all orders are subject to product availability. Even though all orders are subject to our $300 order minimum, we also reserve the right on a case-by-case basis to waive minimum order requirements at our sole discretion.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

No Manufacturer Relationships

Please note that we are not the manufacturer of any of the products we sell. We are only a seller of genuine brand name fragrances, skin care and other products. We are not associated directly or indirectly with any of the brands we sell on the Website. Trademarks used on the Website are intellectual property owned by their respective owners.

Headings

The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms.

 

Other

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its internal law governing conflict of laws.  Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the State and Federal courts located in Houston, Texas.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, such invalidity shall not in any way affect the validity of any of the remaining provisions, which will remain in full force and effect.  No waiver of any of these Terms will be deemed a waiver of any other term, and the Company’s failure to assert any particular right or particular provision under these Terms won’t constitute a waiver of such right or provision. Notwithstanding anything to the contrary contained herein, to the extent legally possible under prevailing law, all parties will make best efforts that any controversy or claim arising out of or relating to this contract, or the breach thereof, that cannot reasonably be settled by the parties shall be settled by arbitration administered in Houston, Texas by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The arbitration shall be conducted by one arbitrator (the Arbitrator) with at least 10 years of experience in commercial matters. If the you and the Company are not able to agree upon the selection of an Arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the Arbitrator shall be selected by the American Arbitration Association in accordance with the terms contained herein. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the Arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of these Terms. Each party shall pay its own proportionate share of arbitrator fees and expenses plus the fees and expenses of the Arbitrator it designated and the arbitration fees and expenses of the American Arbitration Association The Arbitrator will be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.

If any provision of these Terms is held by a court of competent jurisdiction or the Arbitrator to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless the Company in writing acknowledges and agrees to such waiver. The Terms comprises the entire agreement between you and the Company and supersede all prior or contemporaneous understandings, negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained in these Terms.

If any provision of these Terms is potentially viewed by a court of competent jurisdiction or the Arbitrator to be vague or contradictory, then such provision(s) will be interpreted, as best as possible, to the full benefit of the Company.   

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