Anthony reserves the right to immediately terminate your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Anthony shall have no liability for any such termination. Upon termination, your right to use the Site shall immediately cease.
ACCURACY OF INFORMATION
All design and content featured on the Site, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content,” and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Anthony. This website in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. Anthony may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Anthony in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the Site, and for no other purpose, and you shall remain intact all copyright and other proprietary notices. Except as provided in the foregoing, Anthony does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by Anthony, is strictly prohibited
Anthony is not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Anthony and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of items from Anthony (if applicable) on the Site.
The Site is to be used by you for your personal use only. Commercial uses of this Site by you are strictly prohibited unless prior written consent from Anthony has been granted. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any Contents unless you obtain prior express written consent from Anthony. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to Anthony or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Anthony or cause Anthony to lose (in whole or in part) the services of our suppliers. When you send e-mails, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, or by posting notices and messages on this Site or through social media. You agree that all notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
Anthony, our suppliers, licensors, or the original creators of all materials on the Site, own all copyrightable subject matter on the Site and all trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Anthony and/or such other parties. The Anthony names mentioned or shown at this Site are registered trademarks, tradenames or service marks of Anthony in the United States, Canada and other countries No license to or right in any such copyrights, trademarks, patents, proprietary information, technologies, products, processes and other proprietary rights of Anthony and/or other parties is granted to or conferred upon you. In addition, direct linking, deep linking, framing, page-jacking, meta-tagging, and using a robot, spider or automated device of any kind to monitor or copy the Site is strictly prohibited.
Notwithstanding the foregoing, Anthony hereby authorizes you only to copy the content herein solely for your personal and private use in learning about, evaluating, or acquiring Anthony products. Except where expressly noted, no other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Content contained on the Site. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any other use of materials on the Site, including reproduction for purposes other than those expressly permitted herein, modification, distribution, or republication, without prior written permission from Anthony is strictly prohibited. Any copy made by you as permitted herein must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are also advised that Anthony will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
PRODUCTS AND SERVICES; PRICES; ORDERS
The products and services made available by Anthony on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Anthony’ prior written consent. Other terms and conditions included on the Site, including return and shipping policies, may apply to your purchase. All prices displayed on the Site are quoted in U.S. dollars unless a change in currency is selected. Anthony restricts delivery to addresses within the United States and Canada. Anthony will add shipping and handling fees and applicable sales/use tax as necessary. Anthony reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. The receipt by you of an order confirmation does not constitute Anthony’s acceptance of an order. Prior to Anthony’s acceptance of an order, verification of information may be required. Anthony reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Anthony, for any reason. Anthony reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Anthony shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Anthony shall promptly issue a credit to your credit card account in the amount of the incorrect price
We reserve the right to refuse service and/or terminate your account, password or registration with or without prior notice for any reason or no reason at all.
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims, losses or damages arising from or in connection with any Submission.
We do not endorse or control any user content (“User Content”) transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of such. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Anthony be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
THE CONTENTS, ANY TESTIMONIALS, INFORMATION OR ADVICE PROVIDED ON THIS SITE, AND ALL PRODUCTS PURCHASED OR SOLD THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ANTHONY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. Anthony does not warrant the accuracy, completeness or timeliness of the Contents or the reliability of any advice, opinion, statement or information displayed or distributed through this Site. You acknowledge that any reliance on the Contents or any portion thereof shall be at your sole risk. The “AS IS” Condition of Content is expressly made a condition to any transactions arising through or as a result of the Site
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT
Anthony does not and will not provide medical advice of any kind. All grooming tips or testimonials contained on this Web site and all Anthony responses to questions you submit constitute non-medical grooming suggestions only and are not medical advice. The foregoing is provided solely for the purpose of informing consumers on beauty, cosmetics and personal care topics.
You should always consult with your physician or other qualified health care provider before commencing a new treatment, health or personal care program. You should never disregard the advice of your personal physician or delay in seeking it because of something you have read on Anthony.com. This information is not intended to be medical advice and is not a substitute for personal consultation with your medical professional and may be incomplete or include errors and omissions. If any irritation or other adverse reaction occurs, discontinue use immediately.
ANTHONY BRANDS WILL NOT BE LIABLE FOR ANY COMPLICATIONS, INJURIES OR OTHER MEDICAL PROBLEMS ARISING FROM, OR IN CONNECTION WITH, THE USE OF INFORMATION ON OUR SITE OR OUR PRODUCTS.
RULES REGARDING THIRD-PARTY LINKING TO THIS SITE (“RULES”)
No person may link to the Site without written consent of Anthony, execution of a copy of these Rules and registration with Anthony.
Third-party links to this Site shall use only the term “Anthony” (the “Text Link”) to create such links. By displaying the Text Link, whether or not you have executed a copy of these Rules, you agree to be bound by these Rules.
You shall not use any Anthony logo, trade mark, service mark or other similar feature in the creation of any link to this Site.
You shall only use the Text Link on a site you own and not in any other manner. Any text Link must only be an active link to the home page of this Site at http://www.Anthony.com or such other universal resource locator as Anthony may designate.
You shall not create any direct link to any secondary or sub-page of this Site. A link to this Site shall not conceal or alter any portion of this Site.
You shall only use the Text Link on Web pages that make accurate references to Anthony and its products and services. You must display the Text Link adjacent to any Anthony reference or at the bottom of the same page. Your Web page title and other trademarks and logos must appear at least as prominent as the Text Link. You shall not display the Text Link in any manner that: (i) implies sponsorship, endorsement, or license by Anthony; or (ii) conceals, disguises or creates confusion about the identity of Anthony as the source of the linked site.
You shall not present, portray or use information from any source other than Anthony in a manner which creates the appearance that Anthony is the source of such information.
You shall not use this Site to create a link directly to a third-party site without the written consent of Anthony and the owner of the third-party site.
You shall not use the Text Link as a feature or design element of any other logo, trade mark, service mark, or other similar feature.
You shall display the Text Link in a font size at least as large as all surrounding text and you shall not modify or distort the Text Link in any manner.
You shall not use the Text Link on any site that refers to Anthony or its products or services in a negative manner, infringes any Anthony intellectual property or other rights, or violates any applicable law.
You shall defend and indemnify Anthony against any claims, liability, damages, and costs suffered by Anthony as a result of your violation of these Rules.
These Rules do not grant a license or any other right in any Anthony logo or trademark. Anthony reserves the right in its sole discretion to terminate or modify permission to use the Text Link at any time. Anthony reserves the right to take action against any use that does not conform to these Rules, infringes any Anthony intellectual property or other right, or violates other applicable law.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
ANTHONY DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING THE TEXT LINK, INCLUDING WARRANTIES AGAINST INFRINGEMENT.
If you wish to create a link to this Site and agree to be bound by these Rules, you can contact Anthony as described on the Contact Us page of this Site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ANTHONY, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, EVEN IF ANTHONY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANTHONY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
GOVERNING LAW; JURISDICTION
CLASS ACTION WAIVER
This Site is administered by Anthony Brands, from its offices in New York, New York, United States. Anthony makes no representation that the Contents are appropriate or available for use at other locations and access to them from jurisdictions other than New York or Canada. You shall not import, export or use the Contents in violation of any applicable laws. In accessing this Site, you are solely responsible for compliance with all applicable local laws.
WAIVER AND SEVERABILITY