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THIS AGREEMENT IS A
IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING
VARIOUS LIMITATIONS AND EXCLUSIONS.
PLEASE READ THIS AGREEMENT
CAREFULLY, AND PRINT IT FOR YOUR RECORDS.
ACCEPT" MEANS YOU ACCEPT THIS AGREEMENT AND UNDERSTAND THAT IT WILL BIND
Please email us at firstname.lastname@example.org if anything is
and YOU. This Agreement contains the terms and conditions that
govern your use of the web site found at http://www.evepearl.com,
its mobile version(s) and/or applications and any of its sub-domains (the
"Site"), - as well as any authorized activity made available by us to
Users (collectively, the "Services"). Unless otherwise indicated, the
term "Site" shall include the Services and the term
"Services" shall include the Mobile Services. You and Company may be
referred to collectively as the "Parties" and individually as a
Agreement applies generally to all Users. Provisions applying only to certain
types of Users are so designated.
signify that you have read, understand and agree to be bound by this Agreement
whether you are simply browsing the Site or using it as a Registered PROFESSIONAL
or RESELLER User.
From time to time we may change or
modify this Agreement (including the Policies). We will provide you with
advance notice of substantial changes, using the email address you have
provided. If you do not terminate this Agreement within seven (7) days after such
notice has been provided, you will be deemed to have accepted the changes. If
you have chosen not to provide or change your email address, it shall be your
responsibility to check the Site regularly to determine if there have been
changes to this Agreement.
As Used in this
means any individual, corporation, company, partnership, association or other
group, whether or not organized as a legal entity and their legal successors
means any Person who visits, browses or uses the Site in any manner. The term
"user" includes, but is not limited to, Registered Users.
User" means any User who creates an account.
means, without limitation: software (source code and object code),
applications, advertisements, pictures, graphics, photographs, trademarks,
logos, text, comments, videos and other audiovisual work, sound recordings,
musical compositions, lyrics, product designs, and all other works and related
intellectual property of any type or kind appearing on or incorporated into the
"Wholesale, Reseller or Professional Customer" means any
agree to provide true, accurate, current and complete information about
yourself as prompted by the log in and registration processes (such information
being your "Account Information"). You agree that, in providing your
Account Information, you will not knowingly omit or misrepresent any material
facts or information and that you will promptly enter corrected or updated
Account Information, or otherwise advise us in writing of any such changes or
updates. You consent and authorize us to verify your Account Information.
a Registered PROFESSIONAL or RESELLER User, you will receive a unique
username and password in connection with your account (collectively, your
"Username"). You are solely and entirely responsible for maintaining
the confidentiality of your Username and for any charges, damages, liabilities
or losses incurred or suffered as a result of your failure to do so. EVE
PEARL/GreatFaces, Inc. is not liable for any harm caused by or related to the
theft of your Username, the disclosure of your Username, or your authorization
to allow any other Person to use your Username. You are solely and entirely
responsible for all activities that occur under your account, including but not
limited to charges incurred. You agree to notify us immediately of any
unauthorized use of your account or any other breach of security known to you.
You acknowledge that the complete privacy of data transmitted while using the
Site cannot be guaranteed.
PEARL/GreatFaces, Inc. may disable access to your account for a reasonable
period of time to investigate any good faith suspicion we may have regarding
activities occurring under your account that may be in violation of this
Agreement and/or applicable law. EVE PEARL/GreatFaces, Inc. may do this
agree to abide by all provisions of this Agreement and Policies, and to provide
us with accurate Account Information. Your failure to update your Account
Information and/or your failure to respond to inquiries from EVE
PEARL/GreatFaces, Inc. concerning the accuracy of your Account Information
shall be considered a material breach of this Agreement.
you created an account in the name of another Person, you hereby accept this
Agreement both yourself and on behalf of such other Person, and you warrant and
represent that you are duly authorized to do both.
agree that EVE PEARL/GreatFaces, Inc. may provide any notices, statements and
other communications to you through the e-mail address specified in your
Account Information or, in our sole discretion, by mail, express delivery
service, facsimile or other electronic communication sent to the respective
addresses you have specified.
upon your compliance with all the terms and conditions of this Agreement, EVE
PEARL/GreatFaces, Inc. permits you to make use of the Site on a single
computer, subject to the following conditions:
Except as otherwise
specifically permitted herein, this license expressly excludes any resale or
commercial use of the Site or its contents; any commercial collection,
compilation or use of any product information, Materials, data or prices; any
derivative use of the Site or its contents; any downloading or copying of any
User’s Account Information; and any use of data mining, robots, or similar data
gathering and extraction tools. Neither the Site nor any portion of it may be
reproduced, duplicated, copied, sold, resold or otherwise exploited for any
commercial purpose. Violation shall be a material breach of this Agreement and
EVE PEARL/GreatFaces, Inc. shall be entitled to seek immediate injunctive and
other relief without the necessity of showing monetary damages.
Except for content that is
licensed from third parties or for which specified uses are permitted under
applicable provisions of law, the entire Site and all intellectual property
rights associated with it (including by way of example and not limitation: the
Site’s compilation and all object code and source code, Materials, text,
graphics, multimedia content, images, audio and video clips, html and other
markup languages, and all scripts within the Site or associated with it) are
the sole and exclusive property of EVE PEARL/GreatFaces, Inc. All rights
reserved. Content licensed from third parties and all intellectual property
rights related to such content belong to the respective third parties. This
Agreement is copyrighted material and is not for reproduction or re-use by
You are not granted any rights or license to patents, copyrights, trade secrets
or trademarks with respect to the Site or any Materials, and EVE
PEARL/GreatFaces, Inc. reserves all rights not expressly granted in this
Agreement. Any unauthorized use of our intellectual property shall be
considered a material breach of this Agreement as well as a violation of any
applicable intellectual property laws, worldwide.
The trademarks and copyrights “EVE PEARL”, “GreatFaces”, “Plastic Surgery
without the Surgery”, “Salmon Concealer” along with all other logos,
slogans, labels, product names, service names and trade dress related to the
Site or EVE PEARL/GreatFaces, Inc., whether or not articulated herein
(collectively, the “EVE PEARL/GreatFaces, Inc. Marks”) are exclusively owned by
EVE PEARL/GreatFaces, Inc. You agree not to copy, display or otherwise use any
EVE PEARL/GreatFaces, Inc. Marks without EVE PEARL/GreatFaces, Inc. prior
written permission. The EVE PEARL/GreatFaces, Inc. Marks may never be used in
any manner likely to cause confusion, disparage or dilute the EVE
PEARL/GreatFaces, Inc. Marks and/or in connection with any product or service
that is not authorized or sponsored by EVE PEARL/GreatFaces, Inc. If you
are uncertain whether a particular mark is or is not an EVE PEARL/GreatFaces,
Inc. Mark, you agree that it is your responsibility to inquire, before making
any use of the mark, by emailing email@example.com.
slogans and product names appearing on the Site may be trademarks of third
parties unrelated to EVE PEARL/GreatFaces, Inc.. (collectively, "Third
Party Trademarks."). Third Party Trademarks are used by EVE
PEARL/GreatFaces, Inc. either a) pursuant to direct licensing from the
trademark owner; or b) based upon EVE PEARL/GreatFaces, Inc. good faith belief
that licensing is not required for EVE PEARL/GreatFaces, Inc. specific uses.
EVE PEARL/GreatFaces, Inc. DOES NOT GRANT YOU ANY LICENSE, EXPRESS OR
IMPLIED, IN OR TO THIRD PARTY TRADEMARKS. If You seek to use a Third Party
Trademark for any purpose that requires licensing, it is your sole
responsibility to seek all necessary licenses directly from the trademark
owner. This includes, but is not limited to, your resale of any
product(s) you purchase from EVE PEARL/GreatFaces, Inc. You expressly
release and hold EVE PEARL/GreatFaces, Inc. harmless from the consequences of
any and all infringing uses you might make of Third Party Trademarks.
may not remove or alter, or cause to be removed or altered, any copyright, trademark,
trade name, service mark, or any other proprietary notice or legend appearing
on the Site or any EVE PEARL/GreatFaces, Inc. product.
Site may be available via mobile devices and applications (the "Mobile
Services"). Your mobile carrier's normal messaging, data and other rates
and fees may apply when using the Mobile Services. In addition, downloading,
installing, or using certain Mobile Services may be prohibited or restricted by
your mobile carrier, and not all Mobile Services may work with all mobile
carriers or devices. By using the Mobile Services, you agree that we may
communicate with you regarding Company and the Site by multimedia messaging
service, short message service, text message or other electronic means to your
mobile device and that certain information about your usage of the Mobile
Services may be communicated to us.
Without limiting any other provision of
this Agreement, you agree not to use the Site in any unlawful manner or,
without limitation, to:
EVE PEARL/GreatFaces, Inc. reserves the
right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Site (or any part thereof) with or without notice. You
agree that EVE PEARL/GreatFaces, Inc. shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Site.
may not co-brand this Site. "Co-branding" means to display a name,
logo, trademark, any Materials or other means of attribution or identification
of EVE PEARL/GreatFaces, Inc. in such a manner as is reasonably likely to give
the impression that you have the right to display, publish, or distribute this
Site or content accessible within this Site. For the avoidance of doubt:
except as expressly permitted in this Agreement (Special Provisions for Wholesale,
Reseller or Professional Customers), you may not
use any EVE PEARL/GreatFaces, Inc. photograph, text, image, logo or trademark
in connection with the resale of any product(s) you purchase from EVE
PEARL/GreatFaces, Inc.. You agree to cooperate with EVE PEARL/GreatFaces,
Inc. in causing any unauthorized co-branding immediately to cease.
may not frame or use framing techniques to enclose any Material, EVE
PEARL/GreatFaces, Inc. Marks or other proprietary information without EVE
PEARL/GreatFaces, Inc. express written consent. You may not include EVE
PEARL/GreatFaces, Inc. Marks in any metatags or any other "hidden
text" without EVE PEARL/GreatFaces, Inc. express written consent.
limitation to other warnings and disclaimers in this Agreement or on the Site.
acknowledge that the Site may from time to time encounter technical or other
problems and may not necessarily continue uninterrupted or without technical or
other errors and that EVE PEARL/GreatFaces, Inc. shall not be responsible to
you or others for any such interruptions, errors or problems.
possibility exists that the Site could include inaccuracies or errors.
Additionally, a possibility exists that unauthorized alterations could be made
by third parties to the Site. Although we attempt to ensure the integrity of
the Site, we make no guarantees as to its completeness or correctness. In the
event that a situation arises in which the Site's completeness or correctness
is in question, you agree to contact us including, if possible, a description
of the material to be checked and the location (URL) where such material can be
found, as well as information sufficient to enable us to contact you. We will
make best efforts to address your concerns as soon as reasonably practicable.
SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY
SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO DISCLAIMERS
FOUND ELSEWHERE IN THIS AGREEMENT, EVE PEARL/GREATFACES, INC. AND ITS PRINCIPALS,
OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS AND OTHER
REPRESENTATIVES (COLLECTIVELY, “EVE PEARL/GREATFACES, INC.”) DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO OPINION, ADVICE OR
STATEMENT OF EVE PEARL/GREATFACES, INC. OR ITS USERS, WHETHER MADE ON THE SITE
OR OTHERWISE, SHALL CREATE ANY WARRANTY. EVE PEARL/GREATFACES, INC. DISCLAIMS
ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS
FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON
PEARL/GREATFACES, INC. DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN INFORMATION
OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK.
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE
EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE
LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.
EVE PEARL/GREATFACES, INC. NOR ANY OF OUR PRINCIPALS, OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES
(COLLECTIVELY, “EVE PEARL/GREATFACES, INC.”) ARE RESPONSIBLE OR LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DAMAGES FOR LOSS OF
BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY LINKED SITE, EVEN IF EVE
PEARL/GREATFACES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
IN NO EVENT SHALL EVE PEARL/GREATFACES, INC. TOTAL CUMULATIVE LIABILITY UNDER
THIS AGREEMENT EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO EVE
PEARL/GREATFACES, INC. TO ACCESS THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY
WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF SERVICES OR GOODS, ITEMS OR
MERCHANDISE RECEIVED THROUGH OR ADVERTISED ON THE SITE. THIS LIMITATION SHALL
ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LEGAL
LIABILITY, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO
THE FULLEST EXTENT PERMITTED BY LAW.
STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW
LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.
make no representation that products or services available on or through the
Site or any Service are appropriate or available for use in locations other
than the United States of America. Those who choose to access the Site from
other locations do so on their own initiative and at their own risk, and are
responsible for compliance with local laws, if and to the extent local laws are
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside. No such products may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria or any other country to which the United States has embargoed
goods: or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading any product available through the Site or any Service, you
represent and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list. We reserve the
right to limit the availability of the Site and/or any Service or product
described thereon to any person, geographic area or jurisdiction, at any time
and in our sole discretion.
You understand that the Site may
contain links to third party web sites that are not owned or controlled by EVE
PEARL/GreatFaces, Inc. ("Third Party Sites") and that Third Party
Sites may contain advertisements, products, pictures, graphics, photographs,
trademarks, logos, text, comments, messages, information, audiovisual work,
sound recordings, musical compositions, lyrics, and other works and
intellectual property (without limitation, “Third Party Content”) that is not
owned or controlled by EVE PEARL/GreatFaces, Inc..
Without in any way limiting any other
provisions of this Agreement, EVE PEARL/GreatFaces, Inc. makes no
representations whatsoever about any Third Party Site or Third Party Content
that you may access through the Site. When you access and other website, you
understand that it is entirely independent from the Site, and that EVE
PEARL/GreatFaces, Inc. has no control over the content of such website nor of
its policies. EVE PEARL/GreatFaces, Inc. will not and cannot investigate,
monitor, censor or edit the content of any Third Party Sites or Third Party Content.
It is up to you to take precautions to ensure that Third Party Sites and Third
Party Content are free of such items as viruses, worms, trojan horses, defects,
date bombs, time bombs and other items of a destructive nature. If you
access any Third Party Site or use or install any Third Party Content, you do
so at your own risk.
In addition, a link to another website
does not mean that EVE PEARL/GreatFaces, Inc. endorses or accepts any
responsibility for the content, use or policies of the linked website or that
the policies of that website are consistent with our policies or the terms and
conditions of this Agreement. We strongly encourage you to become familiar with
that all Third Party Content and Third Party Sites shall be governed by the
of such Third Party Content and/or Third Party Sites, and that EVE
PEARL/GreatFaces, Inc. shall not be a party to, and shall play no role
whatsoever in any dispute you may have with the owners, operators or providers
of such Third Party Content and/or Third Party Sites.
By using the Site, you
expressly release EVE PEARL/GreatFaces, Inc. from any and all
liability arising from your use of any Third Party Site or Third Party
Content, worldwide and in perpetuity.
rights under this Agreement are not assignable and any attempt by your
creditors to obtain an interest in your rights under this Agreement, whether by
attachment, levy, garnishment or otherwise, renders this Agreement voidable at
EVE PEARL/GreatFaces, Inc. option.
Agreement is binding on the Parties and their respective heirs, legatees,
executors, successors and assigns. Except for Policies and other agreements
incorporated by reference herein, this Agreement is the entire agreement
between the Parties and supersedes all prior written or oral agreements between
the Parties relating to the subject matter hereof. If any portion of this
Agreement is found to be void or unenforceable, the remaining portion shall be
enforceable with the invalid portion removed, giving all reasonable construction
to permit the essential purposes of the Agreement to be achieved. The Parties’
various rights and remedies hereunder shall be construed to be cumulative.
Agreement shall be deemed
to have been made in the United States of America, State of New York, and it
shall be governed by the substantive laws of the State of New York without
regard to any applicable conflict of laws provisions. The Parties submit to
jurisdiction in the state and federal courts sitting in Borough of Manhattan,
New York, USA, and you hereby waive any jurisdictional, venue or inconvenient
forum objections. Provided, however, that if we are sued or joined in an action
in any other court or forum in respect of any matter which may give rise to a
claim by us hereunder, you consent to the jurisdiction of such court or forum
over any such claim.
contained in this Agreement shall be construed to require the commission of any
act contrary to law. Nothing in this Agreement shall be construed or deemed to
create any partnership, agency, joint venture, employment, dealership or
franchise relationship between the Parties.
Party hereto agrees to execute all further and additional documents as may be
necessary or desirable to effectuate and carry out the provisions of this
and headings used in this Agreement are for purposes of convenience only and
shall not be deemed to limit, affect the scope, meaning or intent of this
Agreement, nor shall they otherwise be given any legal effect.
breach of this Agreement by EVE PEARL/GreatFaces, Inc. shall be deemed material
unless the Party alleging such breach shall have given EVE PEARL/GreatFaces,
Inc. written notice of such breach, and EVE PEARL/GreatFaces, Inc. shall fail
to cure such breach within thirty (30) days after its receipt of such notice.
notices required to be sent to EVE PEARL/GreatFaces, Inc. under this Agreement
shall be in writing and shall be sent by certified mail, return receipt
requested, postage paid, or by overnight delivery service, to EVE
PEARL/GreatFaces, Inc. , 208 East 51st, Suite 140, New York, NY
10022 Attention: Legal
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Site must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
agree to defend, indemnify and hold EVE PEARL/GreatFaces, Inc. harmless against
any losses, expenses, costs or damages (including any reasonable attorneys'
fees and costs) arising from, incurred as a result of, or in any manner related
to any claim or action based upon (a) your breach of the terms and conditions
of this Agreement, (b) your use of any Service, and/or (c) the used of any
Service by any other person using your account. EVE PEARL/GreatFaces, Inc. may
participate in the defense of any such claim or action and any negotiations for
its settlement or compromise. No settlement which may adversely affect our
rights or obligations shall be made without our prior written approval.
PEARL/GreatFaces, Inc. plays no role, financial or otherwise, in any
transaction between you and any credit card company or online payment
processing vendor. The Financial Terms and Conditions set forth in the Agreement
are meant exclusively to apply to transactions between you and EVE
due from you to EVE PEARL/GreatFaces, Inc. shall be made to EVE
PEARL/GreatFaces, Inc. in United States dollars.
agree to pay for all fees and charges incurred under your account. If you have
provided us with credit card information you authorize any and all charges and
fees incurred under your account to be billed to your credit card account.
Regardless of the method of payment, it is your sole responsibility to advise
EVE PEARL/GreatFaces, Inc. of any billing problems or discrepancies within
thirty (30) days after such discrepancies or problems become known to you. Your
credit card issuer agreement governs the use of your designated credit card
account in connection with any purchase; you must refer exclusively to such
issuer agreement, and not this Agreement, to determine your rights and
liabilities as a cardholder.
Customers requesting payment terms must complete a credit application and agree
to a reference check. The extension of credit and any terms associated
therewith shall be at EVE PEARL/GreatFaces, Inc. sole discretion. Terms shall
be set forth on your invoice and are by this reference incorporated into this
If your check is returned for any reason you shall remit to EVE
PEARL/GreatFaces, Inc. a fee of $30.00 and shall immediately remit credit card
payment for all charges in the subject order. Interest on all amounts due shall
accrue at the rate of 1.5% per month or the greatest amount permitted by law.
You agree to pay EVE PEARL/GreatFaces, Inc. all reasonable costs of collection
and directly related attorney fees incurred by us whether incurred prior to or
after the commencement of formal legal action.
issued by EVE PEARL/GreatFaces, Inc. to any User, for any purpose, are VOID
after 90 days from the date of issue. Users requesting replacement checks will
be charged a $10.00 fee for issuance of the replacement check.
questions can be directed to:
Provisions for Wholesale & Reseller Customers
following provisions apply to Wholesale & Reseller Customers (as such term
You understand that these Special Provisions for Wholesale & Reseller
Customers are in addition to, and not in place of, the other terms and
conditions of this Agreement. Without limitation, you have read, understand and
agree to the provisions regarding your obligation to provide and maintain
accurate Account Information; you further understand your obligations regarding
EVE PEARL/GreatFaces, Inc. Intellectual Property. For the avoidance of doubt:
all products, Materials and related design are the property of EVE
PEARL/GreatFaces, Inc. (or our vendors). Because you are receiving benefits as
a Wholesale & Reseller Customer, any unauthorized use of our intellectual
property shall be considered a material breach of this Agreement as well as a
violation of any applicable intellectual property laws, worldwide.
warrant and represent that your purchases as a Wholesale & Reseller
Customer are and will be made solely in order to re-sell the items you purchase
in a United States healthcare facility, storefront or web store that you
maintain exclusively and entirely; or to distribute such items at a charitable
event with which you are directly involved; and that you will not make such
items available through commercial sale or auction sites or services maintained
by third parties. (For the avoidance of doubt: you may not re-sell the items you
purchase on eBay, Amazon or any other third party site.) For purposes of
this Agreement, the foregoing shall be referred to as Your “Permitted Uses.”
You understand and agree that EVE PEARL/GreatFaces, Inc. is affording you
the benefits of Wholesale & Reseller Customer status in reliance on and in
consideration of You respecting the Permitted Uses, and that Your failure to
adhere to the Permitted Uses shall be considered a material breach of this