THIS IS A LEGAL AGREEMENT BETWEEN YOU ("CUSTOMER") AND CYNTHIA O’CONNOR + COMPANY, ("COC+CO"). BY CHECKING THE BOX NEXT TO "I ACCEPT" BELOW, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE USAGE SPECIFICATIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE BOX NEXT TO "I ACCEPT". THIS AGREEMENT GOVERNS YOUR RIGHTS AND OBLIGATIONS CONCERNING YOUR VIEWING OF VISUAL AND/OR OTHER FORMS OF MATERIALS OR DIGITAL INFORMATION FURNISHED BY COC+CO (THE "CONTENT"). CUSTOMER MAY OBTAIN ACCESS TO VIEW CONTENT FURNISHED BY COC+CO BEYOND THAT WHICH IS VIEWABLE BY VISITORS TO THE SITE WHO HAVE NOT ENTERED INTO A SUBSCRIPTION AGREEMENT, ONLY UPON THE FOLLOWING TERMS AND CONDITIONS:
In order to view the certain content, Customer must apply for a Cynthia O’Connor + Company User Account (the "User Account"). Customer agrees to furnish true and accurate information. Cynthia O’Connor + Company reserves sole discretion over whether to grant Customer a User Account, and Customer agrees to access the authorized section of www.cocandco.com (the "Website") only using the User Account number and password supplied to Customer by Cynthia O’Connor + Company. Customer is responsible for maintaining the confidentiality of Customer's User Account number and/or password. Only one individual may access the Website at the same time using the same username and password. Each Customer may have only one User Account with Cynthia O’Connor + Company.
Customer is only granted the right to view the content furnished by Cynthia O’Connor + Company on the Website. In no event will Customer be able to save or print the content on the Website. Cynthia O’Connor + Company grants Customer no other rights in connection with the content. CUSTOMER SHALL NOT AND AGREES THAT HE/SHE WILL NOT (i) SAVE, PRINT, COPY OR REPRODUCE THE CONTENT AND/OR IMAGES RECEIVED THROUGH WWW.COCANDCO.COM, or (ii) RETRANSMIT, DISTRIBUTE, DISSEMINATE, SELL, PUBLISH, BROADCAST, OR CIRCULATE THE CONTENT AND/OR IMAGES RECEIVED THROUGH WWW.COCANDCO.COM TO ANYONE.
Cynthia O’Connor + Company shall have the right, in its sole discretion, to terminate this Agreement and Customer's User Account, for any reason or no reason at all, immediately upon written notice to Customer.
Only one individual may access www.cocandco.com at the same time using the same username and password. Each Customer may have only one account with Cynthia O’Connor + Company. The content available through www.cocandco.com is the property of Cynthia O’Connor + Company, its photographers, and content suppliers and is protected by copyright and other intellectual property laws. In this respect, each Customer acknowledges that trademarks and images of clothing and fashion collections are protected by intellectual property laws and that the Customer cannot make any use of such images and/or trademarks without the prior written consent of the owners, or their authorized licensees, of such intellectual property. Content received through www.cocandco.com may be viewed only. YOU AGREE NOT TO SAVE, PRINT, REPRODUCE, RETRANSMIT, DISTRIBUTE, DISSEMINATE, SELL, PUBLISH, BROADCAST, OR CIRCULATE THE CONTENT RECEIVED THROUGH WWW.CYNTHIA O’CONNOR + COMPANY.COM TO ANYONE. Cynthia O’Connor + Company and its content suppliers enforce their copyright and other rights and interests to the fullest extent permitted by law and will seek civil and criminal remedies where appropriate, including the remedies provided under Section 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
THIS SITE IS PROVIDED BY CYNTHIA O’CONNOR + COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYNTHIA O’CONNOR + COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, IMAGES, CONTENT OR MATERIALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CYNTHIA O’CONNOR + COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL CYNTHIA O’CONNOR + COMPANY OR ITS CONTENT PROVIDERS BE LIABLE TO CUSTOMER OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM USE OF OR SERVICE PROVIDED ON THE WEBSITE, EVEN IF CYNTHIA O’CONNOR + COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CYNTHIA O’CONNOR + COMPANY, ITS CONTENT PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Cynthia O’Connor + Company or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. Customer acknowledges that this paragraph shall apply to all content, images and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
Customer represents and warrants that he/she is over the age of 18.
This Agreement may not be amended, modified or waived in whole or in part except in a writing signed by the parties.
Customer may not assign its right and/or obligations under this Agreement without obtaining the prior written consent of Cynthia O’Connor + Company. Cynthia O’Connor + Company may assign this Agreement.
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of New York without regard to its conflicts of law principles.
Any controversy or claim arising out of or in conjunction with this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association then in effect in the State of New York and judgment upon such award rendered by the arbitrator shall be final and binding upon the parties and may be entered and enforced in any court having jurisdiction thereof. The parties agree that the arbitration shall be held in New York County in the State of New York. The arbitration award shall include attorneys' fees and costs to the prevailing party. 12. Waiver No action of Cynthia O’Connor + Company or Customer, other than an express written waiver, may be construed as a waiver of any term of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
Headings used in this Agreement are for reference only and shall not be deemed part of this Agreement.
Unless otherwise specified herein, the rights and remedies of both parties set forth in the Agreement are not exclusive and are in addition to any other rights and remedies available to them in law or in equity.
This Agreement evidences the complete understanding of the parties with respect to the subject matter hereof and supercedes and merges all previous proposals, communications, understandings and agreements, whether oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be amended, modified or waived in whole or in part except in a writing signed by the parties.
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