Terms Of Use

Please read these terms and conditions, as well as our privacy policy before using the Gerard Cosmetics website.

Gerard Cosmetics operates http://www.gerardcosmetics.com (the “Site”) to provide information about Gerard Cosmetics and its products and services (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to certain areas of the Site or to particular content or transactions are also posted in the relevant areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to herein as the “Agreement.” Gerard Cosmetics reserves the right to amend, alter or modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. If you do not agree to these terms and conditions of use, you do not have permission to use and should cease all further use of the site. These Terms of Use were last revised on April 15, 2013.

1.Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non – commercial, personal purposes and/or to learn about Gerard Cosmetics products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Gerard Cosmetics reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Intellectual Property

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Gerard Cosmetics or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Gerard Cosmetics or other copyright owners who have authorized their use on the Site. Gerard Cosmetics reserves all rights thereto. You may not manipulate or alter in any way images or other Content on the Site.

All trademarks, including, without limitation, Gerard Cosmetics, Dial – A – Smile, Super – Booster, Zero White, Color Your Smile, slogans, service marks, trade names, and trade dress are proprietary to Gerard Cosmetics and/or our partners, affiliates, licensors or licensees and you are prohibited from using the foregoing without the express written permission from the trademark owner, except as otherwise permitted by law. You further acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the site or content or any part thereof to you or any third party nor to authorize you to create derivative works based on the Content. You undertake not to do any act or thin g which is inconsistent with or which is likely in any way to prejudice such title.

Further, you acknowledge that w e may change the Site or delete Content or features at any time, in any way, for any reason. Except as we specifically agree in writing, no Content from our Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way, not even as part of a derivative work, except that where the Site is configured to enable the download of particular content, you may download one cop y of such content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back – up purposes), or create any derivative works based on the site or the content, in whole or in part, and (c) do not use the content in an unlawful manner or in a manner that suggests an association with any of Gerard Cosmetics’s or its partners’ or affiliates’ products, services or brands. Any business use, “re – mailing” or high – volume or automated use of the site is prohibited.

3. User Supplied Submissions/Photo Release

Gerard Cosmetics does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered no n – confidential and nonproprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Gerard Cosmetics the royalty – free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you or the foregoing third – party(ies), with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in whole or in part, without any restriction or responsibilities to you.

Notwithstanding the foregoing, Gerard Cosmetics will occasionally accept approved photo, video, and other Submissions from our users. Such Submissions , along with your first name and your last name , may be posted not only on the Site, but also on our pages of other social media sites, such as Facebook, YouTube, Twitter, StumbleUpon, and MySpace and may be used on other Gerard Cosmetics and/or our partners or affiliates websites. Gerard Cosmetics cannot and does not assume any liability from Submissions posted by members to the Site.

Given the visibility of such Submissions, please take care in the type of information that you include in your Submissions. Once your Submissions are posted on the site for public viewing , they may be shared by third party users of the site. By adding your content to the site, you confirm that you are the owner of the content or have the permission of the original owner to submit the content, that you have the authority to use the content and all its elements, including, without limitation, the authority and/or consent of everyone who appears in it, and that anyone featured who is under 18 years old is either a member of your immediate family under your authority and/or you have granted consent.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes Your use of this site and receipt of data, materials and information available at or through this site, the possibility of our use or display and/or distribution of your content and the possibility of the publicity and promotion from our use or display and/ or distribution of your content.

Review our privacy policy to understand how Gerard Cosmetics collects and uses personally identifiable information.

4. Gerard Cosmetics Official Contests

If you wish to participate in one of the Gerard Cosmetics contests, you may do so through this Site. In order to enter the contest, you must read and agree to the Contest Rules for each contest then being offered. Notwithstanding any other provisions of this Site concerning ownership or submissions, all aspects of our ownership and your submission to our contest will be further governed by the Gerard Cosmetics contest rules.

5. Links to Third

Party Web Sites Gerard Cosmetics offer s links to other websites. Such links are provided solely as a convenience to you. If you click on such links, you will leave the Gerard Cosmetics site. Notwithstanding the provision of such links, you understand that such links do not constitute or imply an endorsement, sponsorship, or recommendation by Gerard Cosmetics of the third party, the third – party web site, or the information contained therein , nor is Gerard Cosmetics responsible for the availability of such website. Further, Gerard Cosmetics is not responsible or liable for any such web site or the content thereon. When you click links to other websites, we encourage you to read their privacy policies and Terms of Use as their standards may differ from ours.

6. Linking to this Site

If you would like to link to the Site, you must follow Gerard Cosmetics link guidelines. Unless specifically authorized by Gerard Cosmetics , you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

7. Downloading Files

Gerard Cosmetics cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

8. Software

Any software available for download via the Site is the copyrighted work of Gerard Cosmetics and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

9. Disclaimer of Warranties

SUBJECT TO APPLICABLE LAW, GERARD COSMETICS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE , THE CONTENT , OR ANY THIRD PARTY SI TES OR SERVICES LINKED TO OR FROM THE SITE. GERARD COSMETICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. GERARD COSMETICS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR – FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED , OR THAT ANY GERARD COSMETICS SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. GERARD COSMETICS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Gerard Cosmetics cannot and does not assume any liability from user Content posted to the site.

Reliance on any information appearing on our Site is strictly at your own risk.

This site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated Your users. The Content of this Site is intended for educational and entertainment purposes only. Such Content is not intended to, and do es not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes.

10. Limitation of Liability

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INCLUDING NEGLIGENCE, SHALL GERARD COSMETICS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR T HE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF GERARD COSMETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, GERARD COSMETICS’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Gerard Cosmetics , its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, officers, directors, employees, agents, and/or their assigns, and any third – party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys ́ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise ca use damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

13. Unsolicited Idea Submission Policy.

Gerard Cosmetics or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Gerard Cosmetics’s business activities bear coincidental similarities with one or more of the thousands of unsolicited id eas offered to us. Please do not send your unsolicited ideas to Gerard Cosmetics or anyone at Gerard Cosmetics. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Gerard Cosmetics, without any compensation to you; (2) Gerard Cosmetics will have no obligation to return your idea to you or respond to you in any way; (3) Gerard Cosmetics will have no obligation to keep your idea confidential; and (4) Gerard Cosmetics may use your idea for any purpose whatsoever, including giving your idea to others.

However, Gerard Cosmetics does welcome feedback regarding many areas of Gerard Cosmetics ́s existing businesses that will help satisfy customer ́s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.

14. Password Security

If you register to become a Gerard Cosmetics.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

15. General Provisions , Venue and Governing Law

  1. Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles, California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that content on the site is appropriate or available for use in any particular location. Those who choose to access the site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
  2. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
  3. These Terms of Use take effect as an agreement and separately as a notice, which limits the basis on which Gerard Cosmetics makes the site available. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use , the word “including” is used illustratively, as if followed by the words “but not limited to.” TO THE EXTENT PERMITTED BY APPLICABLE LAW , YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY GERARD COSMETICS SITE MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM APPLICABLE STATUTORY PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  4. Supply of goods, services and software through the site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Gerard Cosmetics site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department’s Specially Designated Nationals List or the United States of America Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
  5. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Gerard Cosmetics of any breach or default he reunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  6. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Gerard Cosmetics therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Gerard Cosmetics does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  7. We reserve the right to cancel or refuse any order at any time. Resale of products purchased from our site is strictly prohibited. Items may not be shipped to merchandise consolidation facilities under any circumstances. We reserve the right to limit the quantity of any item or items being purchased at any time.

16. How Gerard Cosmetics Uses Your Personal Information

Gerard Cosmetics collects personal information primarily to make our services more rewarding for you to use. We usually use this information for internal purposes, such as studying our customers’ preferences. We may also use your information to contact you for account and promotional purposes. Please see Gerard Cosmetics’s Privacy Policy for additional information.

17. Email Address Usage

We use e – mail addresses to send out newsletters and other announcements with information about Gerard Cosmetics’s new products, gifts and special features. When you register, you can choose not to receive these announcements by opting – out of delivery. I f you receive an e – mail and want to avoid further messages, look at the end of the e – mail for instructions on how to remove yourself from the mailing list. You can also edit your e – mail preferences at Gerard Cosmetics.com’s My Account.

18. Amendment

Subject to applicable law, at any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms of Use , we will notify you of such amendment by sending you an e – mail at the last e – mail address that you provided us, and/or by posting notice of such amendment on the website covered by these Terms of Use. Any such amendment to these Terms of Use will be effective thirty (30) calendar days following either our dispatch of an e – mail notice to you or our posting of notice of the changes on the Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e – mail address. In the event that the last e – mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e – mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

19. TERMINATION

These Terms of Use are effective until terminated by either us or you as follows: You may terminate these Terms of Use at any time by discontinuing use of the site and deleting your account. We may immediately terminate these Terms of Use with respect to you (including your access to the site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these Terms of Use.

Upon termination, you must cease use of the site and destroy all materials obtained from the site and all copies thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law – enforcement agencies.