welcome to philosophy.com, where the content and services available on our site are subject to the following terms and conditions. by accessing or using philosophy.com, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms and conditions which include our privacy policy.
please review our privacy policy, which also governs your visit to philosophy.com, so that you may understand our privacy practices.
the philosophy.com website is provided on an "as is" basis without warranty of any kind, express or implied. you expressly agree that the use of the website is at your sole risk. we do not warrant that the website will be uninterrupted or error free, nor do we make any warranty as to any results that may be obtained by use of the website. we make no other warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
we attempt to be as accurate as possible when describing our products on philosophy.com; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, sizes, prices or other content available on philosophy.com are accurate, complete, reliable, current, or error-free.
all content available on philosophy.com, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "content") is the property of philosophy.com, our affiliates, partners, or licensors, and is protected by united states and international copyright laws.
the trademarks, logos, and service marks displayed on philosophy.com (collectively, the "trademarks") are the registered and unregistered marks of philosophy.com, our affiliates, partners or licensors, in the united states and other countries, and are protected by united states and international trademark laws.
except as set forth in the limited licenses section below, or as required under applicable law, neither the content or trademarks nor any portion of philosophy.com may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
we grant you a limited, revocable, and non-exclusive license to access and make personal use of philosophy.com. this limited license does not include the right to: (i) frame or utilize framing techniques to enclose philosophy.com or any portion thereof; (ii) modify or download philosophy.com or content (except caching or as necessary to view philosophy.com); (iii) make any use of philosophy.com or content other than personal use; (iv) create any derivative work based upon either philosophy.com or content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
we also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of philosophy.com for personal, non-commercial use only. a web site that links to philosophy.com (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such web site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any trademark; and (vii) may not link to any page of philosophy.com other than the home page. we may, in our sole discretion, request that you remove any link to philosophy.com, and upon receipt of such request, you shall immediately remove such link.
any unauthorized use by you of philosophy.com terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these terms and conditions.
in the access or use of philosophy.com, you shall comply with these terms and conditions and the special warnings or instructions for access or use posted on philosophy.com. you shall act always in accordance with the law, custom and in good faith. you may not make any change or alteration to philosophy.com or any content or services that may appear on philosophy.com and may not impair in any way the integrity or operation of philosophy.com. without limiting the generality of any other provision of these terms and conditions, if you default negligently or willfully in any of the obligations set forth in these terms and conditions (including our privacy policy), you shall be liable for all the losses and damages that this may cause to philosophy.com, our affiliates, partners or licensors.
details for any and all promotions available for use on philosophy.com are explicitly stated in the email, advertisement or article to which they are associated, (such as eligibility requirements, dates of availability, contents of the promotion, etc). details or clarification will be made available upon request.
the following applies to any and all promotions available for use on philosophy.com:
(1) dates of availability are assumed to be from 12:00:01am on the start date through 11:59:59pm on the end date. all times are eastern time zone. daylight savings in effect when applicable. (2) an eligible purchase must be completed on philosophy.com during the dates of availability as specified. purchases prior to or after the dates of availability are not be eligible. (3) promotions may only be available while supplies last. a promotion may expire early due to limited quantities on gift with purchase items. (4) all requirements of the promotion as specified must be met in order to successfully redeem a promotion. this may include, but is not limited to; purchasing a specific product, making a purchase for a specific dollar amount, being signed in as a registered member, having specific information in your membership account. (5) any given promotion may not be compatible with other available promotions on the same order. (6) promotional offer has not cash value and cannot be resold or transferred. (7) philosophy reserves the right to cancel, suspend or modify part or all of any promotional offer at any time without notice, for any reason in its sole discretion.
terms and conditions for gift cards will be available when gift cards are available for sale. (pending)
you may choose to register at philosophy.com. if you do, you will have an email address/username and password for your account. you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. you agree to accept responsibility for all activities that occur under your account, username and/or password. you agree to provide only accurate, truthful information.
we reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms and conditions or if we decide, in our sole discretion, that it would be in philosophy.com’s best interests to do so.
we are not responsible for the content of any off-web site pages or any other web sites linked to or from philosophy.com. links appearing on philosophy.com are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. your linking to or from any off-web site pages or other web sites is at your own risk. we are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-web site pages or any other web sites linked to or from philosophy.com, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and web sites, including, without limitation, their privacy policies and terms and conditions. you should carefully review the terms and conditions and privacy policies of all off-web site pages and other web sites that you visit.
it is our policy to decline unsolicited suggestions and ideas. notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "submissions") will be treated as non-proprietary and non-confidential. subject to the terms of our privacy policy by transmitting or posting any submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub- licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. you also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
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 arising from or in connection with any claims to any rights in any Submission.
you agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of philosophy.com. you also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
with respect to any dispute regarding philosophy.com, all rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of arizona , as if the terms and conditions were a contract wholly entered into and wholly performed within arizona . any dispute relating in any way to your visit to philosophy.com shall be submitted to confidential arbitration in arizona, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. to the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
under no circumstances shall we be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement. your sole and exclusive remedy hereunder shall be for you to discontinue your use of the website and terminate this agreement. these limited remedies shall apply notwithstanding any failure of their essential purpose.
you may terminate this agreement by providing written notice to us. upon such termination, you shall cease all use of philosophy.com and we shall be permitted to delete your account and any and all information associated therewith.
you acknowledge and agree that these terms and conditions, which include our privacy policy constitute the complete and exclusive agreement between us concerning your use of philosophy.com, and supersede and govern all prior proposals, agreements, or other communications.
we reserve the right, in our sole discretion, to change these terms and conditions at any time by posting the changes on philosophy.com. any changes are effective immediately upon posting to philosophy.com. Your continued use of philosophy.com constitutes your agreement to all such terms and conditions. we may, with or without prior notice, terminate any of the rights granted by these terms and conditions. you shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of philosophy.com.
nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. in the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. we will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
if you have any questions regarding these terms and conditions, please contact us at custsvc@ephilosophy.com.
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