Terms of service
TERMS OF USE
October 1, 2024
These Terms of Use (“Terms”) explain the contractual relationship between you (“you”, “your” or “User” or) and Agency Eleven LLC (“Agency Eleven,” “us,” “our,” or “we,”), regarding your use of and access to, our website located at https://savoirbeauty.com/ (“Website”) and the features and functionality thereof, including engaging with us by purchasing something from us (the “Services”). These Terms, which include our Privacy Policy located at: https://savoirbeauty.com/policies/privacy-policy, govern your access to and use of the Website, Services and Agency Eleven Content (as defined below), and constitute a binding legal agreement between you and Agency Eleven.
Our store is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products and offer the Services to you.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION BY PURCHASING PRODUCTS), THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND YOU HAVE THE AUTHORITY TO ENTER INTO AND BE BOUND BY THE TERMS PERSONALLY, OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING ANY MODIFICATIONS TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES OR PURCHASE THE PRODUCTS.
IMPORTANT: THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN YOU AND AGENCY ELEVEN, INCLUDING THE REQUIREMENT THAT YOU RESOLVE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN US ARE TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION AND A RELEASE OF CLAIMS, WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE THE DISPUTES CLAUSE IN SECTION 21 BELOW FOR MORE INFORMATION.
We limit the use of the Services to individuals that are 18 years of age or older. By using and accessing the Services, you represent and warrant that you are 18 years of age or older.
1. Access
You may access and use the Services subject to your compliance with these Terms. Your continued access and use of the Services is conditioned on your continued compliance with these Terms. We reserve the right to refuse our Services to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2. Eligibility
You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms. If you place an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Agency Eleven products or purchase Agency Eleven products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that a User is engaging in fraudulent, objectionable or grey market activities, we may refuse such order.
3. Account
To place an order through the Website, you may either (1) register and create an online account at https://savoirbeauty.com/ (“Website”), or (2) place an order as a guest without creating an account via guest checkout. In order to create an Account, you are required to enter a unique user ID and password, as well as provide registration information, such as your name, phone number, street address, an active email address and any additional information in accordance with the registration form prompts (“Account Data”). You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your Account Data and any other information you provide to us, to keep it accurate, current and complete; and (c) be fully responsible and liable for all use of your Account. You may not transfer your Account to another person or share it with anyone. You are responsible for all activities that occur under your Account. We will not be responsible for any issues that may result if you fail to comply with these requirements. You agree to notify us immediately of any unauthorized use of your Account or any breach of security with respect to your Account.
You agree to provide current, complete and accurate purchase and Account Data for all purchases made at the Website. You agree to promptly update your Account Data and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4. Product Availability; Quantity
All orders placed through the Website are subject to availability and acceptance by Agency Eleven. Agency Eleven reserves the right to change the products listed on the Website without prior notice and/or may limit from time to time the quantity of Agency Eleven products that may be ordered by a User in a single buying session. The product pages of the Website can provide you with information regarding products that are currently available. Products that are unavailable may display a “Coming Soon” or “Out of Stock” notice, as applicable, on the product pages. Agency Eleven may modify or discontinue any products on the Website. If we discontinue a product you have ordered, we will give you a full refund for any product purchased but not yet shipped.
Certain products may be available exclusively online through the Website. Such products or Services may have limited quantities and are subject to return or exchange only according to our Return and Exchange Policy as set forth in Section 8.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on the Website is void where prohibited. We do not warrant that the quality of any products, the Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. Prices and Taxes
All prices shown on the Website are in U.S. Dollars. We reserve the right to modify prices at any time without prior notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
The price of a product displayed on the Website at the time we provide you with confirmation of your order will be honored. Sales and use taxes will vary based on the location to which products are being shipped. The actual sales tax associated with your purchase will be calculated at the time your order is to be shipped. Please note that changes to applicable law between the date your order is placed and the date you are sent a shipping confirmation may result in changes to the sales tax associated with your purchase.
6. Payment
We use Shopify to process all payments. We accept payment via all major credit cards. When placing an order on the Website, you will need to enter your payment details on the appropriate form, as prompted. We are prohibited under U.S. law from making sales of goods to individuals or companies designated on the Office of Foreign Assets Controls Specially Designated Nationals List, or to countries sanctioned by the U.S. Any such transactions will be declined.
We take reasonable measures – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Although we will do our best to protect your personal information, we cannot guarantee the security of the data you transmit to us. Any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information, please view our Privacy Policy at https://savoirbeauty.com/policies/privacy-policy.
7. Shipping Policy
Agency Eleven ships its products worldwide, using DHL for standard and international shipping and FedEx for expedited shipping. We offer complimentary standard shipping on all US orders. We offer flat rate shipping on all international orders, and prices vary by country. Orders are typically fulfilled and shipped within 1-3 business days of purchase. We ship from Monday through Friday, excluding holidays. You will be charged at the time the order is placed. When your order ships, we will email you a shipping confirmation.
Please be aware that all international orders, regardless of shipping method, may be subject to additional duties and import taxes upon delivery. These fees are calculated by customs officials, and are difficult to estimate prior to shipment. Duties and taxes are not included in the prices listed on our Website. Please also be aware that delays in customs are becoming increasingly common. Packages may take longer to arrive at international destinations, and we cannot control or prevent this type of delay.
If you have specified a recipient who is not you for delivery purposes (for example, as a gift) then you understand and accept that delivery at that address is evidence of delivery and fulfillment of the sale contract by Agency Eleven in the same way as if the goods had been delivered to you.
8. Return and Exchange Policy
Due to the high demand and the nature of our product, we do not offer refunds. All sales are final.
If a package is returned to us due to an incorrect or incomplete address entered by you, or if you were not available for the delivery or the pickup of the order, we are not responsible for return or redelivery shipping fees. All other returned orders may be subject to processing fees.
9.Ownership
All materials (excluding User Submissions, as defined below) contained on, in, or available through the Website and Services, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials (“Agency Eleven Content”) are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated with the Agency Eleven Content, whether registered or not, are our sole property. The Agency Eleven Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website or Services, any ownership rights in the Agency Eleven Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website or Services, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.
10. Limitations on Use
You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Services. You may not copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Services, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website or Services in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
11. Comments, Feedback and Suggestions
You acknowledge that any comments, feedback, suggestions, ideas, pictures, video etc. (collectively, “Feedback”) disclosed, submitted or offered to us, shall remain our exclusive property and may be used by us in any medium and for any purpose without obtaining your specific consent. We are not under any obligation to maintain your name or Feedback in confidence or to pay to you any compensation for any Feedback submitted, or to respond to any of your Feedback. You agree that you will be solely responsible for the content of any Feedback you make.
12. User Submissions
The Services may enable you to submit and post content on the Website, which may include personal information, reviews and ratings (“User Submission(s)”). You acknowledge and agree that you are solely responsible for any User Submission that you transmit, send or display through the Website and we are not responsible to you or any third party for any User Submission that is transmitted or shared by you or any other User. By uploading, publishing, modifying or displaying User Submissions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Submission for any purpose in any media now known or hereafter developed.
You represent and warrant that: (i) you are either the sole and exclusive owner of all User Submissions that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Submissions, as contemplated under these Terms; and (ii) neither the User Submission nor your posting, uploading, publication, submission or transmittal of the User Submission or our use of the User Submission (or any portion thereof) on, through or by means of the Website or Services will (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including but not limited to any applicable privacy and data security laws and regulations. You retain sole responsibility for your individual compliance with all applicable laws.
You understand and agree that we do not verify or vouch for any such User Submission and if we determine in our sole discretion that any User Submission is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Submission; (b) revoke the applicable User’s right to use the Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provision of these Terms. In addition, notwithstanding anything to the contrary contained in these Terms, we may take-down or delete any User Submission for any or no reason without prior notice to you and without liability.
13. U.S. Jurisdiction
The Website and Services are controlled and operated by Agency Eleven from the United States and are not intended to subject Agency Eleven or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Agency Eleven does not represent or warrant that the Website or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
14. Access
There is no charge to access and browse the Website. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Website, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.
15. Rules of Conduct
In connection with your use of the Services, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Services for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Website, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Services in any manner that in our sole judgment, adversely affects the performance or function of the Services or interferes with the ability of other Users to access or utilize the Services; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Services only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.
16. Suspension; Termination
We may terminate your access to the Services, without notice, for conduct we believe violates these Terms, our policies, is harmful to our business interests, or for an inactive account.
We also reserve the right to suspend or cease providing the Services, with or without notice, and we shall have no liability or responsibility to you if we do so. This includes without limitation the right to refuse service, terminate accounts, remove or edit User Content and Content and/or cancel orders in our sole discretion.
If your access to the Services is terminated, you will remain personally liable for any orders you placed or charges or other liabilities incurred by you prior to such termination.
17. Third Party Content
These Services may contain links to other websites and/or other third-party content. These links are provided solely for your convenience; we do not undertake any obligation to review or monitor any third-party websites linked from or to the Services and does not make any representations or warranties with respect to such third-party websites. If you decide to access a linked third-party website, you do so at your own risk. We shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by us with respect to any such website or the content or services contained through such websites. You agree not to link any websites to the Services without our express prior written consent.
18. Disclaimer of Warranties
THE SERVICES ARE MADE AVAILABLE BY AGENCY ELEVEN “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, ACCURACY OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SERVICES AND ACKNOWLEDGE THAT THE SERVICES MAY BE CHANGED FROM TIME TO TIME IN OUR SOLE DISCRETION. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICES OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE SHALL NOT BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY PROVIDER IN CONNECTION WITH ANY OF THE FOREGOING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
19. Limitation of Liability
IN NO EVENT WILL AGENCY ELEVEN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL AGENCY ELEVEN’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICES EXCEED THE PRICE PAID BY YOU WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID AGENCY ELEVEN FOR ANY PRODUCT, THE AMOUNT OF $25.00 U.S. DOLLARS.
20. Indemnification
By using the Services, you agree to defend, indemnify and hold us, our affiliates, partners, officers, directors, employees, successors, assigns, agents, contractors, and suppliers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the creation, placement or transmission of any message, information, software or other materials through the Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
21. Arbitration
By agreeing to the Terms, you agree that you to the extent permitted by law any and all disputes, claims, controversies or causes of action that you may have against us will be resolved on an individual basis, without resort to any form of class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.
You and Agency Eleven agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Agency Eleven, and not in a court of law. You may choose to have the arbitration conducted by teleconference, based on written submissions, or in person. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND AGENCY ELEVEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND AGENCY ELEVEN OTHERWISE AGREE IN WRITING, ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of this Section is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York. The Arbitration will be held in New York, New York.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award and/or enforcement of the decision of the Arbitrator may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties.
No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.
NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THESE TERMS THROUGH ARBITRATION, AGENCY ELEVEN MAY BRING AN ACTION IN COURT TO PROTECT AND INTERPRET AGENCY ELEVEN’S INTELLECTUAL PROPERTY RIGHTS.
22. Copyright Infringement
We respect the intellectual property rights of others and require that people who use the Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please see our DMCA Policy.
23. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
24. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
25. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
26. Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
27. Amendment to Terms
We may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Website or Service following such posting constitutes your consent to be bound by any amended Terms.
28. General
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to: Info@savoirbeauty.com or by writing to us at: PO Box 20907, NY, NY, 10023.
If you have any questions regarding these Terms, the Website or Service, please contact us at: Info@savoirbeauty.com.
SAVOIR is committed to making our website accessible and user-friendly for everyone, including those with disabilities. If you are having difficulty viewing or navigating the content on this website, or notice any functionality that you believe is not fully accessible, please contact us at info@savoirbeauty.com with “Accessibility Assistance” in the subject line and provide a description of the issue. We value your feedback and will take reasonable steps to address your concerns.