Welcome to the Erno Laszlo, Inc. (“Erno Laszlo®,” “we,” “our” and “us”) website located at www.ernolaszlo.com (the “Site”). You agree to the following Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) access and/or download any of the text, Product reviews, testimonials, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) register for an account (“Account”) that enables you to: (i) receive email updates (“Email Updates”) regarding various Erno Laszlo® products and/or services (collectively, “Products”); (ii) purchase Products on the Site; (iii) purchase an Erno Laszlo® Virtual Skin Consultation (“Skin Consultation”); and/or (iv) join The Institute Loyalty Program (the “Institute”), which is subject to The Institute terms and conditions contained hereinbelow (the “Institute Terms & Conditions”); (d) access links to Erno Laszlo’s® social media pages/accounts on third party social media websites, such as Facebook®, Google+®, Pinterest®, Twitter® and YouTube® (collectively, “Social Media Pages”); (e) purchase Erno Laszlo® Products; (f) access the Poppy Jamie wellness pages, and associated Content (“Poppy Jamie Pages”); (g) participate in the Site’s recycling program ("Recycling Program”); and/or (h) utilize the Site’s many interactive features designed to facilitate interaction between you, Erno Laszlo® and other Site users including, but not limited to, blogs, comment sections, Product reviews and question and answer options located in designated areas of the Site (collectively, the “Community Forums” and together with the Site, Content, Accounts, Email Updates, Products, Skin Consultations, The Institute, Social Media Pages, Poppy Jamie Pages and Recycling Program, the “Erno Laszlo® Offerings”).
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST ERNO LASZLO®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Google+® and GooglePay® are registered trademark of Google, Inc. (“Google”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google. Please be advised that Erno Laszlo® is not in any way affiliated with Facebook, Google, Pinterest or Twitter, and the Erno Laszlo® Offerings are not endorsed, administered or sponsored by any of those parties.
SCOPE OF AGREEMENT
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Erno Laszlo® Offerings. The Agreement constitutes the entire and only agreement between you and Erno Laszlo® with respect to your use of the Erno Laszlo® Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Erno Laszlo® Offerings shall be subject to the Agreement. You understand and agree that Erno Laszlo® is not responsible or liable in any manner whatsoever for your inability to use the Erno Laszlo® Offerings.
MODIFICATION OF AGREEMENT
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Erno Laszlo® Offerings. By your continued use of any of the Erno Laszlo® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Site Forms/Your Account
In order to purchase Products, purchase Skin Consultations, join The Institute, utilize the Community Forums and/or access certain other Erno Laszlo® Offerings, you may be required to open an Account, or checkout as a guest where permitted, by submitting a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) the mailing address you would prefer to use (and billing address where purchasing Products and/or Skin Consultations); (c) your e-mail address; (d) your telephone number; (e) your fax number; (f) the day and month of your birth; (g) your age range; (h) your credit/debit card information (where purchasing Products, Skin Consultations or other Erno Laszlo® Offerings with a credit/debit card); (i) your PayPal® account password, GooglePay® account password and/or ApplePay® account password, if accepted by Erno Laszlo® (where purchasing Products, Skin Consultations or other Erno Laszlo® Offerings with a PayPal® account, GooglePay® account and/or ApplePay® account); (j) your password; and/or (k) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain your Account in up to date and accurate fashion.
Erno Laszlo® may reject your Form and/or terminate your Account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (i) where Erno Laszlo® believes that you are in any way in breach of the Agreement; (ii) where Erno Laszlo® believes that you are engaged in any improper conduct in connection with the Erno Laszlo® Offerings; and (iii) where Erno Laszlo® believes that you are, at any time, conducting any unauthorized commercial activity by and through your use of the Erno Laszlo® Offerings.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to same, as well as your computer. You agree to accept responsibility for all activities that occur by and through your Account including, without limitation, any purchases made therethrough. If you are accessing and using the Erno Laszlo® Offerings on someone else’s behalf, you represent and warrant that you have the authority to bind that person as a principal to the Agreement, and you agree to accept liability for any and all harm caused by that person’s wrongful use of the Erno Laszlo® Offerings. Erno Laszlo® reserves the right to refuse access to the Erno Laszlo® Offerings, remove or edit User Content, terminate Accounts and/or cancel any orders placed from an Account for any reason, at any time, in its sole discretion.
PayPal® is a registered trademark of PayPal, Inc. ("PayPal”). ApplePay® is a registered trademark of Apple, Inc. (“Apple”). Please be advised that Erno Laszlo® is not in any way affiliated with PayPal or Apple, and the Erno Laszlo® Offerings are neither endorsed, nor sponsored, by PayPal or Apple.
The Content, statements, Products and other material made available by and through the Erno Laszlo® Offerings, including the Skin Consultations and Poppy Jamie Pages: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease ; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. You should always consult with your physician or other healthcare professional before adopting any treatment for a health problem, whether offered on the Site or otherwise, including the Skin Consultations and Poppy Jamie Pages. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with the Erno Laszlo® Offerings, including the Skin Consultations and Poppy Jamie Pages.
Erno Laszlo® attempts to be as accurate as possible when describing its Products. However, Erno Laszlo® does not warrant that the descriptions (or other Content contained on the Site) are accurate, complete, reliable, current or error-free. If a Product offered on the Site is not as described, your sole remedy is to return the unused portion, subject to our Shipping and Returns Policy, which can be found Here. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate
PURCHASING PRODUCTS AND SKIN CONSULTATIONS
The fees associated with your purchases will appear on your Payment Method statement through the identifier Erno Laszlo Inc. [All prices displayed on the Site are quoted in the local currency for U.S. Dollars, Canadian Dollars and British Pounds Sterling, are payable in the applicable local currency and are valid and effective only as quoted on the Site. Failure to use the Product(s) and/or Skin Consultation(s) does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Erno Laszlo® in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Erno Laszlo® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Product(s) and/or Skin Consultation(s) after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Erno Laszlo’s® authorization to provide and bill for the Product(s) and/or Skin Consultation(s), as applicable, is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Erno Laszlo’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten
PRODUCT INVENTORY AVAILABILITY AND BACK ORDERS
The Site contains Product inventory information. This information can be used to estimate the likelihood that a given Product will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that a Product listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, a Product may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email.
Backordered merchandise includes Products that are not currently in stock. In most cases, these Products are on order from the applicable manufacturers. In some cases, we are researching or waiting for stock from one or more of our suppliers. Erno Laszlo® will make every effort to get the Product(s) back in stock as soon as possible, usually within thirty (30) days. If we are unable to locate and ship the Product(s) to you in thirty (30) days, an order status email will be sent to you. If for any reason we determine that a backordered Product is no longer available, we will cancel the Product from your order, notify you immediately via email and delete the item from the Site’s Product offerings. Please note: we will never charge your credit card, debit card, PayPal® account, GooglePay® account and/or ApplePay® account, as applicable, until the Product ships.
SHIPPING & RETURNS
At this time, Erno Laszlo’s fulfillment partner is taking preventative measures to protect their workers and the safety of our customers. Due to these precautions, your shipment processing time may be extended by up to seventy-two (72) hours of processing. Please expect delays, but we are working hard to ship all orders as quickly as possible.
Lost your shipping information? No problem. Shipping Information and tracking numbers may be obtained by emailing us at: email@example.com; or by calling us at: 1.888.352.7956, Monday through Friday, 9:00am – 5:30pm EST.
At this time Erno Laszlo ships to all 50 United States, Canada and the United Kingdom, via the service rates listed below. Two (2)-day shipping to P.O boxes is not available. You must have a physical address to obtain two (2)-day shipping.
DOMESTIC SHIPPING RATES
Shipping within the 48 contiguous United States.
Free for Orders $50+ // $5 Flat fee under $50.
2 Business Days with Saturday Delivery
Shipping to Alaska & Hawaii
Free for Orders $50+ // $5 Flat fee under $50.
2 Business Days with Saturday Delivery
FedEx Overnight delivery (where available) $25.00 and 1 business day
INTERNATIONAL SHIPPING (United Kingdom and Canada only)
Shipping to UK and Canada
Free for Orders valued at $125+ in U.S. Dollars (calculated at the daily exchange rate applicable at the time of purchase) // $25 Flat fee in U.S. Dollars (calculated at the daily exchange rate applicable at the time of purchase) for orders valued under $125 USD
If you are looking to ship to a country not listed here, you may be able to order directly from our brand ambassador, Anne McFadden. She can be reached by phone at: 646.370.1536; or by email at: firstname.lastname@example.org.
We accept returns for any Erno Laszlo® Products purchased that from the Site that were damaged or defective, and that are returned within thirty (30) days of the purchase date. Any Product return requests made after thirty (30) days following the purchase date will be refused. If you receive defective or damaged Products, please contact customer service at: email@example.com for a replacement or refund. You will need to ship the defective merchandise to Erno Laszlo, with shipping costs covered by Erno Laszlo. To further process your return of damaged or defective Products, please fill out the return slip included in your original order. Then repackage the items to be returned and ship to the following address:
You must include, in the package you use for the return, the Product, the receipt associated with your purchase, and all other documents provided with your original Product shipment. The Product, and all associated accessories, must be in the original packaging with all protective materials in place and with all associated tags and stickers attached thereto, if any.
All returned Products will be subject to a quality control inspection. We reserve the right to refuse any returned Product(s):
(1) Where you fail to comply with all of the requirements set forth herein and/or in the Shipping and Returns Policy;
(2) If the Product(s) was not damaged or defective, as determined in our sole discretion; and/or
(3) If excessive return requests are made through use of the same account or by the same individual.
Once the returned Product(s) is/are inspected, and it is confirmed by Erno Laszlo® that you have complied with all of the terms herein and in the Shipping and Returns Policy, and that all requisite information and items have been returned, you will receive the applicable refund.
For your protection, please consider shipping via UPS, FedEx or USPS insured. Erno Laszlo® is not responsible for return shipping fees or lost returns. Once your return is received, it will be processed and a refund will be issued. We do not accept items that are not in their original packaging.
For Products purchased from one of our retail partners, or a web venue other than the Site, please contact the applicable retailer’s customer service for their return policy. Erno Laszlo® does accept returns of Erno Laszlo® Products purchased from one of our retail
Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Erno Laszlo® Offerings. The Content is compiled, distributed and displayed by Erno Laszlo®, as well as third-party content providers (“Third-Party Providers”). Erno Laszlo® does not control the Content provided by Third-Party Providers that is made available by and through the Erno Laszlo® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Erno Laszlo® does not represent or warrant that the Content and other information posted by and through the Erno Laszlo® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Erno Laszlo® will not be responsible for, and Erno Laszlo® undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You agree that Erno Laszlo® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
Users that wish to participate in the Erno Laszlo® Recycling Program may, after purchasing Products, obtain special shipping labels from the Recycling Program page of the Site ("Recycling Labels”). The Recycling Labels may be used to return Product packaging and containers to the designated recycling center where, to the extent practical, the packaging and containers will be recycled and reused. Erno Laszlo® does not guarantee that all packaging and containers returned with Recycling Labels will be recycled and/or re-used, and Erno Laszlo® shall have no liability in connection with same.
INTELLECTUAL PROPERTY/PROPRIETARY RIGHTS
The Erno Laszlo® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same (collectively, “Erno Laszlo® IP”), are the sole and exclusive property of Erno Laszlo® and protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Erno Laszlo® Offerings is strictly prohibited. You do not acquire ownership rights in or to any Erno Laszlo® IP or other materials viewed by or through the Erno Laszlo® Offerings. The posting of Erno Laszlo® IP and/or other material by and through the Erno Laszlo® Offerings does not constitute a waiver of any right in or to such Erno Laszlo® IP and/or materials.
The trademarks, logos and service marks displayed by and through the Erno Laszlo® Offerings, including the “Erno Laszlo” name (collectively the “Trademarks”), are the registered and unregistered trademarks of Erno Laszlo ®, in the United States and in all other countries. All other trademarks not owned by Erno Laszlo ® that are made available by and through the Erno Laszlo® Offerings are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Erno Laszlo ®. Except as set forth in the limited license below, the Erno Laszlo® Offerings, Erno Laszlo® IP, Trademarks, and any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any purpose without the prior written consent of Erno Laszlo ® in each instance.
DMCA NOTICE/COPYRIGHT INFRINGEMENT
Erno Laszlo® reserves the right to terminate the Account of any end-user who infringes upon third-party copyrights. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Erno Laszlo ® has a designated agent for receiving notices of copyright infringement and Erno Laszlo ® follows the notice and take down procedures of the DMCA. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide Erno Laszlo's ® copyright agent with notice of the alleged infringement that includes all the information set forth below. Erno Laszlo’s ® copyright agent can be reached at:
Erno Laszlo, Inc.
Corporate Headquarter-Copyright Agent
129 W 29th Street
New York, NY 10001
Tel: (212) 373-4700
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
USER CONTENT THAT YOU SUBMIT
The Erno Laszlo ® Offerings may provide you with the opportunity to submit certain material, information and content directly to Erno Laszlo ® and/or to post or disseminate content by and through a Community , or other area of the Site. Such material, information and content may include, without limitation, product reviews, product tips and tricks, photographs, writings, pictures, data, questions, comments, videos, text or suggestions (collectively, "User Content").
While you remain the owner of your User Content, you grant to Erno Laszlo ® an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, publish, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that Erno Laszlo is free to use any ideas or concepts contained in any User Content for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products and services, as well as creating informational articles, without any payment of any kind to you. You authorize Erno Laszlo ® to publish your User Content in a searchable format that may be accessed by end-users of the Site and the Internet. Except as prohibited by law, you waive any moral rights that you may have in any User Content that you submit, even if such User Content is altered or changed in a manner not agreeable to you, or if your User Content is used without being attributed to you.
You agree that Erno Laszlo ® has no obligation to monitor or enforce your intellectual property rights in or to your User Content but has the right to protect and enforce its and its licensees' rights in and to your User Content. You further acknowledge and agree that Erno Laszlo ® will not have any obligation to you with regard to User Content and that Erno Laszlo ® may or may not monitor, display or accept your User Content and may delete it at any time.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others when you submit or post any personal or other information, and in all of your other online activities.
ACCEPTABLE USE POLICY: Community Usage Rules
Each end-user shall be solely responsible for the User Content posted by that end-user by and through the Community Forums and/or other Erno Laszlo® Offerings. Erno Laszlo® reserves the right to prohibit any conduct by end-users or remove any User Content from the Community Forums and/or other Erno Laszlo® Offerings at any time and for any reason, in Erno Laszlo’s sole discretion. The reasons for removal may include where Erno Laszlo® believes that the User Content posted by an end-user is unsuitable for the Community Forums and/or Site for any reason including, without limitation, where Erno Laszlo® believes that the User Content may violate the terms of the Agreement and/or where an end-user is in violation of the Agreement w. You understand and agree that Erno Laszlo® shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Community Forums. The Community Forums contain User Content that is provided directly by end-users of the Site. You agree that Erno Laszlo® shall have no obligation and incur no liability to you in connection with any User Content appearing in or through the Community Forums. Erno Laszlo® does not represent or warrant that the User Content posted through the Community Forums is accurate, complete or appropriate. You may find certain User Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when accessing the User Content.
When you contribute, upload or otherwise provide User Content to the Site, you agree to comply with the following Community Usage Rules:
- User Content must be yours please. All User Content must consist entirely of original work created by you, not copied from someone else's work, and, either: (a) you must have all rights in and to such User Content; OR (b) all persons who contributed in any way in the creation of, or have any rights in or to, your User Content, or otherwise appear in that User Content, have given you express permission to upload and distribute that User Content on the Site and elsewhere by and through the other Erno Laszlo ® Offerings.
- No pictures or images of anyone but you and, where expressly permitted by the photographed party, your friends and family. If you choose to upload photos, link to embedded videos and/or include other images of real people in your User Content, such images/videos must either be of you and/or a family member or someone that you know, and even then, only with their express permission to post such images/videos (and in the case of a minor, the express permission of such minor’s parent or legal guardian).
- Don't upload third party material. Your User Content should not contain any visible logos, phrases or trademarks or other third-party material. You may not use any User Content or other material that belongs to other people and pass it off as your own. This includes any material or content that you might have found elsewhere on the Internet.
- No music please. Your User Content may not contain any music unless the work and performance is an original piece created by you and/or you have all rights in and to the musical work (including any performances). No jingles, sampling or otherwise is permitted in User Content.
- Keep it relevant. Your User Content should relate to the Content on the Site and should be intended to add to the discussion and community on the Site - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion or private matters).
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so that we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are strictly prohibited.
- Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, ethnicity, national origin, gender, sexual preference, religion or physical handicap or that are defamatory, slanderous, indecent, obscene, abusive, pornographic or sexually explicit.
- Do not use the Site for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Site. You may not use your User Content to raise money for any individual or entity, or for a pyramid or other multi-level marketing scheme.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, do not upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Be honest and do not misrepresent yourself or your User Content. You may not impersonate any other person, end-user or company, or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with any person or company. Without limiting the foregoing, you may not express or imply that any statements you make are endorsed by Erno Laszlo®.
- Public forum. We hope that you will use the Community Forums to exchange information and User Content and have discussions with other members. However, please remember that the Community Forums are public forums and User Content that you post on the Community Forums will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Do not share other people's personal information and/or confidential information. Your User Content may not contain any third party confidential and/or proprietary information, or reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Do not damage the Site or anyone's computers. You may not post User Content that contains viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system.
- Do not exploit the Site or other end-users. You may not harvest or collect personal information of Site-visitors whether or not for commercial purposes, without their express consent, or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. In addition, you may not use metatags or code or other devices containing any reference to the Erno Laszlo® Offerings in order to direct any person to any other website for any purpose.
THE INSTITUTE LOYALTY PROGRAM TERMS AND CONDITIONS
- Membership. The Institute, Erno Laszlo’s® loyalty program, is offered by Erno Laszlo® to customers making purchases, as well as to potential customers, on the Site. Erno Laszlo® will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time, to users who join the Institute loyalty program ("Members”). As Members spend money, they will earn points for each eligible dollar spent (“Points”), and attain various tiers of Institute membership based on the Points obtained (“Tiers”).
- Members' Acceptance of Terms. By participating in the Institute, each Member agrees to the terms and conditions, rules, regulations, policies and procedures applicable to the Institute Terms including, without limitation, the provisions set forth herein. Erno Laszlo® reserves the right to disqualify Members who have violated the Institute Terms, and to revoke any Points awarded in connection therewith.
- Erno Laszlo® 's Right to Change/Cancel the Institute. Erno Laszlo® may alter, limit, modify or terminate the Institute, the Institute structure, any other feature of the Institute and/or these Institute Terms, in its sole and absolute discretion, at any time and in any manner without notice. Your continued participation in the Institute will confirm your acceptance of such changes.
- Membership Eligibility. Membership in the Institute is open to U.S. residents only. Membership is limited to individuals only and is limited to one (1) account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Erno Laszlo®, which may be given or withheld in its sole and absolute discretion.
- Membership Enrollment. Individuals can enroll in the Institute by creating an account at the Site. Erno Laszlo® reserves the right to refuse membership to any individual who does not comply with the enrollment procedures. Each Member should promptly advise Erno Laszlo® of any changes to her/his personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting the Site and updating her/his Member account.
- Institute Communications. Erno Laszlo® will communicate with Members about the Institute via mail, email, SMS and other channels, including communications regarding special Member promotions, offers and more. Erno Laszlo® will also use these channels to communicate the Member’s Institute tier status, notify Member of eligibility for Institute benefits, communicate Institute changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Erno Laszlo® may continue to send you non-marketing or non-promotional Institute emails, such as those about your Institute account or our ongoing business relations.
- Returns. Product returns purchased with Points must be made in accordance with Erno Laszlo’s® return policy as set forth above . Upon the return of a Product purchased with Points, the spend amount applied to Institute Tier Level status for the original purchase will be deducted from the Member's account.
- Eligible Purchases. Purchases of Products, after promotional offers have been applied, before taxes and shipping charges have been applied, made at the Site count toward your Institute Tier status. Product purchases made with store credit as the method of payment will not be applied to Tier Level earnings. Additional items may be excluded from Tier Level accumulation, at the sole discretion of Erno Laszlo®.
- Tier Status. Institute Tier status is based solely on a Member’s total dollar spend on the Site. The criteria for each Tier are as follows:
- Debut: Each Member shall obtain “Debut” Tier status upon creating an Institute account at the Site. However, the Member will not be eligible for specific Institute benefits until he or she makes an initial qualifying purchase. Each Member’s account will retain Debut Tier status unless and until that Member meets the threshold for the next Tier; provided, however, that, movement between Tiers is implemented on an annualized basis. If a Member does not make an eligible purchase on the Site within one (1) year of opening her/his Institute account, they will lose Debut Tier status. In order for the Member to regain Debut status, they must make a qualifying purchase.
- Icon: If a Member’s Institute account accumulates five hundred (500) Points, they will receive “Icon” Tier status, and all associated benefits, for the next twelve (12) months. To remain an Icon, a Member must accumulate one thousand five hundred (1,500) Points during each ensuing twelve (12) month period to retain Icon status. If a Member does not accumulate one thousand five hundred (1,500) Points during any applicable twelve (12) month period , that Member will revert to Debut Tier status, losing Icon-related benefits. In order for a Member to regain Icon status, the Member must accumulate five hundred (500) Points or more.
- Legend: If a Member’s Institute account accumulates one thousand (1,000) Points, the Member will receive Legend status for the next twelve (12) months. To remain a Legend, a Member must accumulate three thousand (3,000) Points during each ensuing twelve (12) month period. If a Member does not spend accumulate three thousand (3,000) Points during any applicable twelve (12) month period, that Member will revert to Icon Tier status, losing Legend-related benefits. In order for the Member to regain Legend status, the Member must accumulate one thousand (1,000) Points or more.
For more information on Program tiers, see: https://ernolaszlo.com/pages/rewards
- Valid Email Address. A current, valid email address is required for a Member to be eligible for select Institute benefits, offers and updates. Member must notify Erno Laszlo® of change of email address by updating Member account information online.
- Right to Revoke. Erno Laszlo® reserves the right to revoke the membership of any Member in the Institute and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Erno Laszlo®, a Member abuses any of the Institute privileges, fraudulently uses the Institute, fails to comply with these Institute Terms or otherwise earns Institute benefits through deception, forgery and/or fraud.
- No Transfer. Institute benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member’s Institute account. Benefits have no cash value outside of their use on the Site, and are not exchangeable for cash.
- Employee Eligibility. All current employees of Erno Laszlo® are ineligible to participate in the Institute.
SOCIAL MEDIA PAGES
The Site contains links to the various Erno Laszlo® Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Erno Laszlo® shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
Erno Laszlo® grants you a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Erno Laszlo® Offerings and associated Erno Laszlo® IP. Erno Laszlo® may terminate this license at any time for any reason. Please note, however, that you may not frame or utilize framing techniques to enclose the Erno Laszlo® Offerings, Erno Laszlo® IP or any portion thereof without Erno Laszlo’s® prior written consent in each instance. This limited license does not include the right to: (a) modify or download the Erno Laszlo® Offerings and/or Erno Laszlo® IP (except caching); (b) make any use of Erno Laszlo® Offerings and/or Erno Laszlo® IP other than for personal use; (c) create any derivative work based upon either the Erno Laszlo® Offerings and/or Erno Laszlo® IP; (d) collect end-user information for the benefit of another party; (e) use any meta tags or any other “hidden text” utilizing “Erno Laszlo” or other Trademarks without our express written consent; (f) use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Erno Laszlo® Offerings except as expressly permitted by Erno Laszlo® ; (g) reproduced the Erno Laszlo® Offerings and/or Erno Laszlo® IP in any form or incorporated into any information retrieval system, electronic or mechanical; (h) use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Erno Laszlo® Offerings and/or Erno Laszlo® IP , or any portion thereof; or (i) use software robots, spiders, crawlers, or similar data gathering and extracting tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the Erno Laszlo® Offerings and/or Erno Laszlo® IP automatically terminates this limited license. You further agree to indemnify and hold harmless Erno Laszlo® for your failure to comply with this section. Erno Laszlo® reserves any rights not explicitly granted in the Agreement.
THIRD PARTY LINKS
The Site contains links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. Erno Laszlo® is not responsible for the content of any off-Site web pages or any other website linked to from the Site. Erno Laszlo® does not control the information, products or services available on or through these third-party websites. Links appearing on the Site are not an endorsement by Erno Laszlo® of the content, products, services or practices of the third-party website. Your decision to visit and/or use any off-Site webpages and/or third-party websites is at your own risk. Because Erno Laszlo® has no control over such websites and resources, you agree that Erno Laszlo® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Erno Laszlo® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
UNSOLICITED IDEA SUBMISSIONS
You acknowledge and agree that Erno Laszlo® is free to use any unsolicited ideas, concepts or know-how submitted by you for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information, without compensating you.
You agree to indemnify and hold Erno Laszlo®, its parents and subsidiaries, and each of their respective agents, contractors, officers, directors and employees from and against any claim, complaint, demand, action, investigation, inquiry, suit, settlement or other proceeding, whether brought by a third party, attorney general or other government agency and including, but not limited to, all damages, losses, injuries, liabilities, judgments, costs and expenses arising therefrom (including costs of settlement, court costs and reasonable attorney’s fees) arising out of or relating to: (a) your improper and/or unauthorized use of the Erno Laszlo® Offerings, Erno Laszlo® IP and/or Trademarks; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this section are for the benefit of Erno Laszlo®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES
THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ERNO LASZLO® MAKES NO WARRANTY THAT THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC BEAUTY BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ERNO LASZLO® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE ERNO LASZLO® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ERNO LASZLO® OR OTHERWISE THROUGH OR FROM THE ERNO LASZLO® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.WITHOUT LIMITING THE FOREGOING, ERNO LASZLO® DOES NOT ENDORSE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED BY OR THROUGH THE ERNO LASZLO® OFFERINGS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ERNO LASZLO® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ERNO LASZLO® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE ERNO LASZLO® OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE FAILURE TO REALIZE ANY SPECIFIC BEAUTY BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE ERNO LASZLO® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF ERNO LASZLO® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR ERNO LASZLO® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION.THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ERNO LASZLO®. ACCESS TO THE ERNO LASZLO® OFFERINGS AND/OR ERNO LASZLO® IP WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS THE STATE OF NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY SET FORTH ABOVE (INCLUDING WITH RESPECT TO CERTAIN PRODUCTS LIABILITY CLAIMS) AND IN SUCH JURISDICTIONS THE LIABILITY OF ERNO LASZLO® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LOCAL LAWS AND EXPORT CONTROLS
Erno Laszlo® does not make any representation that the Site and/or other Erno Laszlo® Offerings is/are appropriate or available for use in locations outside of the United States or Canada. Regardless of the location from which you access the Site and/or other Erno Laszlo® Offerings, you are solely responsible for compliance with all applicable laws associated with using the Site and/or other Erno Laszlo® Offerings, as applicable, including, but not limited to, import and export rules, regulations, interpretations and determinations of any regulatory authority.
DISPUTE RESOLUTION PROVISIONS
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Erno Laszlo® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California State resident end-users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
RELATIONSHIP OF THE PARTIES; WAIVER; SEVERABILITY
Nothing contained in the Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between you and Erno Laszlo®. The failure of Erno Laszlo® to require your performance of any provision contained in the Agreement shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Erno Laszlo® of a breach of any provision of the Agreement be taken or held to be a waiver of the provision itself. In the event that any provision of the Agreement is deemed unenforceable or invalid under any applicable law or by a court decision, such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole. Erno Laszlo® will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Erno Laszlo® as reflected in the original provision.
1. In accordance with Federal Law, Gift Cards expire after five years since it the date it has been issued.
2. Our gift cards are virtual and sent via email, be sure to add your recipient's email address to your order at checkout.
3. If you need any assistance, please reach out to Customer Service at email@example.com or 888-352-7956.
HOW TO CONTACT US
If you have any questions, comments, requests or concerns related to the Agreement or the Erno Laszlo® Offerings, or if you would like to opt-out from the receipt of future communications from us, please contact us at:
Erno Laszlo, Inc.
129 W 29th Street, 7th Floor
New York, NY 10001
Tel: (212) 373-4700