EFFECTIVE JAN 1, 2018
Welcome to www.maida.com
These Terms and Conditions of Use, including any Incorporated Terms (defined below) other provisions or policies incorporated herein by reference (collectively, the "Terms") apply to the web site located at www.maida.com and all associated sites, microsites, mobile device applications or other portals linked or connected to www.maida.com by Helene Manufacture Inc. (collectively, the "Site"). This Site is the property of Helene Manufacture Inc. (referred to as "STE”). Please read these terms carefully. By accessing and/or using the Site, you agree to be bound by them. if you do not agree, you may not access or use the site.
2 Modification of Terms. STE reserves the right, in its sole discretion, to change, modify, add or remove these Terms, or portions of them, at any time. Please check these Terms periodically for changes. Your continued access and/or use of the Site following the posting of any modifications to these Terms shall constitute your acceptance of and agreement to any new or amended Terms.
4 Website; Limited License. STE grants you the limited, nonexclusive, non-transferable, revocable license to: access and make personal use of the Site; make single copies or prints of Site pages for your personal, non-commercial use in connection with a transaction or potential transaction with STE; and/or to create a hyperlink to the home page of the Site so long as the linked material does not portray STE, its products or Services, in a false, misleading, derogatory or offensive manner. Without limitation of any other provision of these Terms, the license does not permit, and you agree that, except upon STE's express prior written consent (where permitted), you will be bound by the following restrictions.
A. You may not make any derivative use of this Site or its Content, or otherwise access, copy, reproduce, duplicate, collect, create derivative works from, decompile, disassemble, RE VERSE engineer, sell, resell, rent, loan, lease or sub-license this Site or its Content (including but not limited to product listings, descriptions and/or prices, and account information) for publication, distribution or for any commercial enterprise, whether manually or through the use of any automated process.
B. You may not use any robots, spiders, "deep-linking", "page-scraping", "crawling", caching, encoding, translating, mirroring, framing, create unauthorized hyperlinks to, or employ any other automated device, program, methodology or algorithm, or any similar process or technique, to access, acquire, reproduce or monitor the Site, Services or any Content, to: enclose the Site or any Content on any other computer, website, server or other location or telecommunications facility; reproduce or circumvent the navigational structure or presentation of the Site or any Content; or attempt to obtain any Content or information from or about the Site or Services not purposefully made available by the Site, including but not limited to its Content, Services, usage, users, accounts or individual identities, systems, servers or networks. (Although STE may allow operators of search engines, or certain licensors, to index Content from the site for the purpose of creating publicly available searchable indexes, STE reserves the right to revoke those exceptions in general or specific cases, in its sole discretion).
C. You may not use any meta tags, or other hidden text or keywords using STE's name or trademarks.
D. You may not attempt to gain unauthorized access to the Site, or any systems, servers or networks connected to the Site, by hacking, data mining, or otherwise; or otherwise attempt to bypass, breach or circumvent any security, authentication or other measure intended to present or restrict access to the Site, or any such systems, servers or networks.
E. You may not take any action, or employ any device, program, methodology or algorithm, or any similar process or technique, designed to interrupt, damage or limit the functionality of the Site, or any systems, servers or networks connected to the Site.
F. You shall not take any action that imposes or may impose (in STE's reasonable discretion) an unreasonably large or disproportionate load on the Site or its related systems, servers or networks.
G. You may not export or re-export the Site or any Content in violation of the export control laws and regulations of the United States of America.
H. You may not use the Site, Content or Services for any unlawful purpose, in any illegal manner, or in any manner prohibited by these Terms.
Any unauthorized use shall terminate the license granted to you, without notice. Any unlawful or illegal access or use of the Site, Content, or Services shall be prosecuted to the full extent of the law. 6 Your Account. Some portions of the Site and some Services require account registration and/or activation. You agree that any information you provide in connection with your request for an account, or in connection with a purchase or other transaction on the Site or otherwise with STE, shall be true, accurate, current and complete. You are responsible for keeping your account information current. STE reserves the right to suspend or terminate your account, and/or refuse any access or use of the Site or Services (or any portion thereof), if you provide any untrue, inaccurate, not current or incomplete information, if such information becomes so at any time, or if STE has reasonable grounds to believe as much. You are responsible for maintaining the confidentiality of your account and log-in credentials, and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account and credentials. To protect the confidentiality of your account, STE advises that you log out from your account and close all browsers at the end of each session. You agree to notify STE immediately of any unauthorized use, or breach of the security, of your account or log-in credentials. Some portions of the Site, some Services, and/or certain offers may be made to a select group of STE accounts or users of the Site. STE reserves the right to refuse service, terminate or suspend access to the Site, Services, accounts, (or any portion thereof), at any time in its sole discretion. 7 Orders for Products and Services. STE may make certain products available to registrants and/or visitors of the Site. You may only order products if, and you hereby represent that you are of the age of majority in your principal jurisdiction of residence, and are entitled to enter into agreements legally binding upon you. You agree to pay in full the prices for any purchases you make on, by or through the site in accordance with STE's Shipping and Payment Policy. If any credit or debit card payment is not received from your credit or debit card issuer, or its agents, you agree to pay all amounts due upon demand by STE. You agree to pay all applicable taxes and/or duties on or in connection with your order. STE does not authorize the purchase of its products for commercial resale, except upon express written agreement with STE. Without limitation of any of STE's other rights, STE may, in its sole discretion, limit or cancel quantities per order, person, account household or otherwise; and reserves the right to limit or cancel orders that appear to be placed by dealers, resellers or distributors. 8 Product Descriptions and Pricing; Errors and Inaccuracies. STE values providing the highest quality service, and aims to offer a completely error-free site. Unfortunately, errors or inaccuracies (whether technical or human) do sometimes occur. Thus, STE does not warrant that the product descriptions are accurate as to any specifications, features, contents, colors, prices, weights and/or measures. Specifications listed (other than price) are generally those provided by the manufacturer or distributor. Except where noted otherwise, the retail price displayed for products represents the full retail list price of the product itself as suggested by the manufacturer or supplier, the retail value estimated in accordance with industry custom and practice, or the estimated retail value for a comparably featured product offered elsewhere, and may not reflect the actual retail selling price. The retail price is a comparative price estimate and may or may not represent the prevailing price in every area at a particular time. Moreover, products displayed on the Site may be limited as to quantity, price, availability and/or lead time. Thus, STE does not warrant the availability, availability at a certain price, quantities available or available at a quoted price, and/or lead time of any product. In the unfortunate event that there is an error or inaccuracy, STE will endeavor to resolve the issue to your satisfaction. If a product ordered is not as described on the Site (other than errors in price), STE will offer a full refund of the purchase price, provided that the product is returned in accordance with our Return Policy. If the correct price of a product ordered is higher than STE's stated price at the time of the order, STE will, at its discretion, either: contact you for instructions before shipping (and, if you request, cancel your order and refund the full purchase price); or cancel your order, refund the purchase price and notify you of the cancellation. However, unless otherwise agreed to by STE in writing, the right to a full refund of amounts actually paid by you in accordance with our Return Policy for any order cancelled or returned for any of the reasons set forth in this paragraph shall be your exclusive remedy. 9 Electronic Communications. When you visit the STE Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically from time to time, including but not limited to by e-mail, by posting notices to your account, or by posting notices on the STE Site. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 10 Third Party Web Sites, Resources and Applications. You may be able to access or use the Site from a third party web site, Internet resource, or software application or telecommunications facility ("Linked Sites"). You may also be able to access and use a Linked Site from the Site. You acknowledge and agree that STE has no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such Linked Sites on the Site does not imply STE's endorsement, sponsorship, or recommendation of any Linked Site or any product or service offered on, by or through it. STE does not guarantee the standards or practices of any Linked Site and shall not be liable in any manner for Linked Sites. You acknowledge that any access and/or use of any Linked Sites shall be at your own risk. 11 disclaimer of warranties. to the greatest extent permitted by applicable law, and except as expressly provided in this paragraph: (a) this site, and all information, content, products, services, materials and software included on or made available to you on, by or through it, are offered, provided and/or sold (as applicable) "as is" and "as available"; (b) STE makes no representations or warranties of any kind, express or implied, with respect to any of the foregoing, including but not limited to the implied warranties of merchantability or fitness for a particular purpose; and (c) no advice, results or information, whether oral or written, provided by STE shall create any warranty not expressly made herein (including in the incorporated terms). without limitation of the foregoing, and except as provided in this paragraph, STE makes no representations or warranties regarding any products or services offered, provided and/or sold (as applicable) on, by or through the site, and to the greatest extent permitted by applicable law hereby disclaims (and you hereby waive), any and all warranties and representations made in product or services literature, "frequently asked questions" documents and otherwise on the site or in correspondence with STE or its agents. the sole and exclusive warranties made in respect of any products offered, provided and/or sold on, by and through the site, are contained, if applicable, in STE's warranty policy, unless otherwise specifically negotiated and set forth in a separate, written sales agreement between you and STE. 12limitation of liabilities. to the greatest extent permitted by applicable law, you understand and agree that, except in the event of STE's sole gross negligence or willful misconduct, STE (and its parent companies, subsidiaries, affiliates, partners, suppliers and service providers, and the directors, officers, employees and agents of each) (individually and collectively, STE's "affiliates") shall have no liability for any losses, damages or personal injury arising, directly or indirectly, from the use of the site, or any information, content, products, services, materials and software included on, made available or sold to you on, by or through it, including but not limited to direct, indirect, special, incidental, punitive, exemplary and/or consequential damages, lost profits or revenues, personal injury (including disability or death), or property damage, even if STE has been advised of the possibility of the foregoing and even if the warranties hereunder are deemed to fail in their essential purpose; and that your sole remedies (if any) in respect of products offered on, by and through the site, shall be as set forth in STE's warranty policy and/or return policy, as may be applicable. without limitation of the foregoing, in no event shall the total aggregate liability of STE and its affiliates to you hereunder for all losses, damages or personal injury (whether in contract, tort or otherwise), arising from these terms, your use of the site, or from any information, content, products, services, materials and software included on, made available or sold to you on, by or through it, exceed, in the aggregate, the amount, if any, paid by you to STE for your use of the site, or the purchase price of the applicable product, as applicable; provided further that to the greatest extent permitted by applicable law, your sole remedy for any losses, damages or injury arising from the foregoing (and not from or in connection with a product purchased by you) shall be to cease using the site. upon STE's return of the full purchase price paid with respect to any applicable product sold to you hereunder, the warranty provided under these terms shall not have failed in its essential purpose. Certain jurisdictions do not allow limitations on certain warranties or the limitation of certain liabilities. if such laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. 13 Indemnity. You agree to indemnify, defend and hold STE and its Affiliates harmless from any claim, demand, loss, liability or expense (including reasonable attorneys' fees and court costs), arising from or related to your breach of these Terms, any other terms of the Site, and/or your violation of any law or the rights of any third party. 14 Applicable Law and Exclusive Jurisdiction. By accessing, using, or purchasing any products on, by or through the Site, you agree that the laws of the State of California shall govern these Terms and any action or dispute arising from or related thereto or any related transactions, without regard to principles of conflicts of laws; and that the United Nations Convention on International Sales of Goods shall have no force or effect with respect thereto. You agree that all offers for sale, purchase of products, and related transactions shall be deemed to have been made and occurred wholly within the State of California. Any action or dispute arising from or related to these Terms, or your access, use or purchase on, by or through this Site, or any related transactions, shall be brought individually and without resort to class action in the State or Federal Courts sitting in California County, and you hereby irrevocably consent to the personal jurisdiction of, and venue in, those courts. 15 Miscellaneous These Terms (including, for the avoidance of doubt, any Incorporated Terms) constitute the entire agreement and understanding between you and STE with respect to their subject matter, and supersede all prior or contemporaneous communications, offers or agreements, whether oral or written. A printed version of these Terms shall be admissible in any judicial or administrative proceedings to the same extent as other documents and records originally generated and maintained in printed form. If any provision of these Terms are held to be unlawful, void or unenforceable, such provision shall have no effect; however, the remaining provisions shall be enforced to the maximum extent possible. Further, if it should be held that any portion of these Terms are overbroad or unreasonable, such portion shall be given effect to the maximum extent possible by narrowing or enforcing in part that portion found overbroad or unreasonable. Any provision of these Terms that imposes or contemplates continuing obligations on a party shall survive the expiration, termination or amendment of these Terms. STE's failure or declination to enforce these Terms, or any portion of them, in any instance, shall not operate as a waiver thereof in that instance or any other. All of STE's rights and remedies hereunder shall be cumulative. In case of any discrepancy between the English and other language versions of these Terms & Conditions, the English version of these T&Cs will control.