Terms Of Use


BY USING THE MADAME PAULETTE WEBSITE (“OUR WEBSITE”), YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OUR WEBSITE. Please review these Terms of Use regularly, as they may change anytime. By using our website after a change in the Terms of Use, you agree to follow and be bound by the Terms of Use as changed.

Our website is owned and operated by Madame Paulette LIC, LLC (“Madame Paulette”). We are a registered company in New York and our registered address is 4220 12th Street Long Island City, NY 11101.

If you have any questions about our website please contact us at 718-482-9210 or TheExpert@MadamePaulette.com.

OUR WEBSITE

Our website includes everything posted on or provided through pages posted at http://www.MadamePaulette.com, including but not limited to the following:

CONTENT: “Content” means everything you see, hear, or otherwise receive from or on our website. Content includes but is not limited to all software, marketing tools, images, graphics, photographs, trademarks, logos, trade names, text, documents and sounds, and all services provided through our website.

MARKETING TOOLS: Our online “Marketing Tools” mean the tools and services provided by Madame Paulette on or through our website, including but not limited to the online catalog, marketing tools, and the image library.

INTELLECTUAL PROPERTY: Unless otherwise noted, all Content is copyright, trademark, trade dress or other intellectual property owned or licensed by Madame Paulette or its licensors and protected under U.S. and international laws and treaties. Madame Paulette and associated logos are trademarks or service marks of Madame Paulette. “Madame Paulette” are registered trade names of Madame Paulette. Other trademarks used on our website are the property of their respective owners.

You may download and display Madame Paulette trademarks and images for use on your website, as long as they are used properly and not in a misleading way. Madame Paulette reserves the right to revoke permission for any usage in its sole discretion. Madame Paulette logos displayed on your website must comply with Madame Paulette graphic standards.

Your website must not lead users to believe you are Madame Paulette. You may not use any Madame Paulette trademark as part of your company name, corporate name, trade name or domain name. Your website must provide your contact information, including your true name or registered trade name, and a street address or PO Box. Misleading statements (such as misleading use of “we” or “us”) must be avoided. You may use information about Madame Paulette awards, accomplishments, memberships, announcements, etc., only with Madame Paulette’s prior written approval as to placement and context.

YOUR PRIVACY

Madame Paulette respects the privacy of visitors to our website. To review the Privacy Policy that applies to our website, please see our full Privacy Policy here.

ORDERING PRODUCTS THROUGH OUR WEBSITE

All orders placed through our website are subject to Madame Paulette’s acceptance. This means that Madame Paulette may refuse to accept or may cancel any order whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If you have already been charged for an order that is then cancelled, Madame Paulette will issue you with a refund.

METHOD OF PAYMENT

You may pay by American Express, VISA, or Master Card. Unfortunately we cannot accept any other type of card, and your credit card must be U.S. issued.

DELIVERY

Delivery costs are additional to the displayed price and vary depending on the quantity/weight of goods ordered and the location for delivery.

Orders that exceed 75 lbs. in weight may be subject to extra delivery charges.

Orders received between Monday and Friday will usually be processed the same day or next business day. Orders received on Saturday and Sunday will usually be processed by Monday or next business day. Each shipping address is considered a separate order and is subject to applicable shipping charges or applicable sales taxes. Please see “Taxes” below.

We offer delivery to all 50 states in the United States. We also offer many international locations please call to confirm an international location. There may also be additional shipping and tariffs for international locations.

We proudly fulfill orders for and by our troops stationed both in the United States and abroad through the APO/FPO system. All shipments are delivery by the U.S. Post Office. Please enter either APO or FPO as the Destination City, and either AA, AE or AP as your destination State. Then enter the five (5) digit zip code into the zip code area for completion. Please allow up to six (6) weeks for delivery.

TAXES

Prices for goods on our website appear on the product pages. Madame Paulette is required to collect sales and use tax on total product and shipping and handling charges in the following states: NY.

Sales tax is calculated using the address where the product is being shipped.

YOUR USE OF OUR WEBSITE

You may use or download Content for your business as specifically permitted on our website, or for your personal noncommercial purposes. You are granted a limited, revocable, nonexclusive right to use the Marketing Tools as specifically permitted on our website, for the purposes expressed on our website. No other use of Content or Marketing Tools is allowed. These limited rights are granted to you only so long as in exercising these rights you:

  • Make only lawful use of our website;
  • Do not violate any else’s rights, including copyright, trademark, trade secret, privacy, publicity or other rights;
  • Keep unchanged all copyright and other notices provided with Content on our website;
  • Use reasonable efforts to protect the Content from unauthorized use, modification, reproduction, distribution or publication;
  • Do not portray Madame Paulette, its affiliates or licensors, or their products or services, in a false, misleading, derogatory, or offensive way;
  • Abide by all applicable laws, rules and regulations regarding Spam (commercial e-mail);
  • Send e-mails only to recipients with whom you have a prior business relationship;
  • Send no e-mails to recipients who have asked that you stop sending them e-mails;
  • Do not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of your services or of any Content; and
  • Do not copy, change, translate, decompile, disassemble, reverse engineer, loan, lease or sublicense software obtained from our website or any copy thereof.

You may not upload, post, transmit, distribute or otherwise publish on or to our website any of the following:

  • Software virus or other harmful component;
  • Advertising or commercial material of any kind, except as expressly invited by Madame Paulette; or
  • False, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful material.

You may not interfere with our website or any other user’s use of website by, for example, overloading, flooding, mail-bombing or crashing our website; or inserting any code or product or manipulating the Content in any way that affects any user’s experience of our website.

Madame Paulette does not warrant or represent that customers are permitted to use any third party marks. Any use of third party marks must comply with any restrictions imposed by the mark owner, and is done at the customer’s own risk. Madame Paulette is not responsible for the conduct of any person using our website.

USE BY CHILDREN

Our website is intended only for those aged 18 and older. If you are under 18, you may not register or submit personally identifiable information on, to or through our website. Madame Paulette does not collect personally identifiable information from any person Madame Paulette knows to be under 18. Please see our Privacy Policy in relation to Children.

LINKS

Links from our website to third party websites are provided only as a convenience. You use outside links at your own risk. Such links do not constitute Madame Paulette’s endorsement of any third party, its website, or its goods or services. Madame Paulette disclaims liability for any injury you may experience by using such materials. You may not create links to our website that portray Madame Paulette in a false or misleading light. You may not link to any pages other than the Madame Paulette home page or the Madame Paulette Online Catalogs.

DISCLAIMERS AND LIABILITY LIMITATIONS

YOU USE OUR WEBSITE AND MARKETING TOOLS SOLELY AT YOUR OWN RISK. MADAME PAULETTE PROVIDES OUR WEBSITE AND MARKETING TOOLS “AS IS,” AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL MADAME PAULETTE OR ITS LICENSORS BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE, MARKETING TOOLS OR SOFTWARE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF MADAME PAULETTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with our website or any of the Terms of Use, your sole and exclusive remedy is to stop using our website. Some states do not allow certain limitations on implied warranties or certain damages, so some of the above exclusions may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Madame Paulette and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of our website and/or Marketing Tools and for your violation of any of the Terms of Use.

TERMINATION

Your failure to comply with any of the Terms of Use automatically revokes your authorization to use our website and Marketing Tools, and terminates any and all rights granted to you under the Terms of Use. Various parts of these Terms of Use will continue in force and effect upon termination of your rights, according to their nature, including restrictions, disclaimers, liability limitations and indemnification obligations. Upon termination, you must promptly destroy all Content downloaded or obtained from our website, as well as all copies of any Content or Software. Madame Paulette may change, suspend or discontinue or restrict any of our website features at any time without prior notice.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform or delay in performance, or delay in performance of any of our obligations to you that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:

  • (a) strikes, lock-outs or other industrial action;
  • (b) civil commotion, riot, invasion, terrorist attach or threat of terrorist attach, war (whether declared or not) or threat or preparation for war;
  • (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • (e) the acts, decrees, legislation, regulations or restrictions of any government.

In the event of a Force Majeure Event, Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.

MISCELLANEOUS

If any provision or portion of the Terms of Use is found to be void or unenforceable, that provision or portion will be enforced to the maximum extent allowed to effect the intent of the Terms of Use, and the remainder of the Terms of Use will remain in full force and effect. No waiver of any Terms of Use shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under the Terms of Use. The Terms of Use are the entire agreement between you and Madame Paulette relating to our website or Marketing Tools. Any prior agreement between you and Madame Paulette regarding the subject matter of the Terms of Use is superseded and has no force or effect. All rights not expressly granted herein are reserved.

APPLICABLE LAW AND DISPUTE RESOLUTION

The Terms of Use will be construed according to the laws of the State of Arizona, U.S., without regard to its conflicts of laws principles. Any dispute arising under or relating to our website and/or Marketing Tools or Terms of Use shall be resolved by a court of competent jurisdiction located in New York County, New York. Your use of our website or Marketing Tools constitutes your consent to submit to the jurisdiction and venue of the state and federal courts located in Arizona. In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys’ fees.

Last updated November 2009