Terms And Conditions
Welcome to the Eleganvera brand web site which is owned by Eleganvera Corporation . (collectively, “Eleganvera
Corporation”, “We”, “Us”, or “Our”). Please read these terms of use (“Terms of Use”) carefully before using the services of this site and any other Eleganvera website, social media accounts, mobile apps and any other internet or digital platforms (collectively, the “Site”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE AND THE RELATED SERVICES, FEATURES, CONTENT, PRODUCT OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE.
Unauthorized Distribution
Eleganvera Corporation does not authorize the resale of our product (“Product”) by unauthorized retailers. Therefore any purchase order suspected to be use for illegal distribution or any other activity not approved in writing by an authorized Officer of Eleganvera Corporation may be subject to suspension or immediate termination of account and restrained from any further access to the Site. Any open order will be cancelled and credited back to Buyer. Eleganvera Corporation reserve the right to pursue any unlawful distributor for violations including but not limited to The Lanham Act.
The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Site shall constitute fraud under the laws of the state of Illinois and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card
was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud Eleganvera Corporation; 4) that Eleganvera Corporatin’s reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that City Eleganvear Corporation was and is damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.
Privacy
We have developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, disclosure and
protection of your information. You can find the Privacy Policy, which is incorporated into this Agreement, by clicking here, and by using this Site you agree to the terms of the Privacy Policy.
General Terms And Conditions
Unless otherwise noted, the products and services on the Site are intended for personal, non–commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.
Eligibility
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (d) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.
Your Account
When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act oro mission of any users that access the Site or Services under your Account Information that, if undertaken by you, would bedeemed a violation of these Terms of Use. In no event will Webe held liable to you for any liabilities or damages resultingfrom or arising out of (i) any action or inaction by Us underthis provision, (ii) any compromise of the confidentiality ofyour Account or password, and (iii) any unauthorized accessto your Account or use of your password. You may not useanyone else’s Account at any time, without the permission ofthe Account holder. Please notify us immediately if youbecome aware that your Account Information is being usedwithout authorization. You agree not to register for more thanone Account, register for an Account on behalf of an individualother than yourself without such individual’s authorization, orregister for an Account on behalf of any group or entity
User Content
We welcome user comments, information and submissions. Inaddition, you and other users of Eleganvera from time to timemay have an opportunity to post on Eleganvera certain ideas,concepts, information, data, text, music, sound, photographs,graphics, video, messages, comments on our products,advertising and other promotional materials or events, facts,advice, “tips”, opinions and other material (collectively, “UserContent”). Subject to our Privacy Policy, all User Content thatyou post on Eleganvera will be treated as non–confidential and non–proprietary to you and may be viewed by you and/orother users of Eleganvera. You also agree that we, ouraffiliates and our licensees are free to use any ideas,concepts, know–how or techniques contained in any UserContent you send to us for any purpose whatsoever,including, but not limited to, developing, manufacturing andmarketing products, services and content using suchinformation, without any credit, notice, approval orcompensation to you.We cannot guarantee that other users will not copy, modify,distribute or otherwise use the User Content that you share.Therefore, if you have an idea or information that you wouldlike to keep confidential and/or do not want others to use, donot post it oneleganvera. We are not responsible for anyuser’s misuse or misappropriation of any User Content youpost on City Beauty
Review Of Submissions
We have no obligation to verify the identity of any users whenthey are connected to Eleganvera or to supervise the UserContent that has been provided by users. You acknowledgethat we may or may not prescreen, monitor, review, edit ordelete the User Content posted by you and other users onEleganvera. We and our designees retain the right to modify,move, refuse, block or remove any User Content, in whole orin part, for any reason or no reason, with or without notice.We and our designees also reserve the right to access, read,preserve, and disclose any information as we reasonablybelieves is necessary to (i) satisfy any applicable law,regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation ofpotential violations hereof, (iii) detect, prevent, or otherwiseaddress fraud, security or technical issues, (iv) respond touser support requests, or (v) protect our rights, property orsafety, users of Eleganvera and the public. In any case, weare not responsible or liable for damages of any kind arisingfrom any failure, non–failure, or delay in removing such UserContent even when we are advised of the possibility of suchdamages.
User Conduct
By posting User Content in or otherwise using anycommunications service or other interactive service that maybe available to you on or through the Site from time to time,you agree that you are the sole responsible person and/orentity from which such User Content originated. Moreover,you agree not to access or use the Site for any purpose that isprohibited by these Terms and Conditions. You areresponsible for all of your activity in connection with the Site.
No Endorsement
We do not control the User Content posted on the Site and,as such, we make no representations, guarantees orwarranties regarding User Content or its truthfulness,accuracy, reliability, integrity or quality. We do not determinewhether User Content violates the rights of others, and wehave no control over whether User Content is of a nature thatyou or other users may find offensive. User Content includesthe opinions, statements and other content of third parties, notus. You acknowledge and agree that the information and views expressed by you and other users in User Contentappearing on the Site do not necessarily reflect our views orthose of our content providers, advertiser, sponsors, affiliatedor related entities, and we do not support or endorse any UserContent or any other content posted by you or any other useron or otherwise accessible through the Site. We do notassume, and expressly disclaim, any obligation or liability withrespect to User Content and no confidential or fiduciaryunderstanding or relationship is established by our receipt oracceptance of any such materials.
Our Right To Use User Content
You do not have to submit anything to us, but if you choose tosubmit any User Content to the Site, it will be deemed non–proprietary and non–confidential and may be used by us, ouraffiliates or others without restriction. You represent andwarrant that you own or otherwise control any and all rights inand to the User Content that you submit and that our publicposting and use of that User Content will not infringe or violatethe rights of any third party in any manner, including withoutlimitation any privacy rights, publicity rights, copyrights,contract rights or any other intellectual property or proprietaryrights. By submitting, sending, posting, uploading, modifyingor otherwise providing information, material, or any othercommunication to us including User Content, whethersolicited or unsolicited, you grant us and our designees theroyalty–free, fully paid, unrestricted, worldwide, perpetual,irrevocable, non–exclusive, and fully transferable, assignable,sublicensable right and license to use, copy, reproduce,modify, adapt, publish, translate, create derivative works from,improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or toincorporate it in other works in any form, media, or technologynow known or later developed for any purpose, including,without limitation, advertising and promotional purposes,reproduction, transmission, publication, broadcast and postingwithout any further consent by you or notice, credit and/orcompensation to you or any third parties.
You also hereby doand shall grant each user of the Site a non–exclusive licenseto access your User Content through the Site, and to use,edit, modify, reproduce, distribute, prepare derivative worksof, display and perform such User Content. We and ourdesignees also have the right, but not the obligation, to useyour user name (and real name, image, likeness or otheridentifying information, if provided in connection with UserContent), city and state in connection with broadcast, print,online or other use or publication of your User Content. Weand our designees may use or otherwise transfer, remove ordispose of any and all User Content without restriction andusers of the Site shall not be entitled to any compensationwhatsoever for any such use, transfer or disposition of UserContent by us. Notwithstanding the foregoing, personallyidentifiable data, if any, included in User Content shall behandled in accordance with our Privacy Policy.
Transmitting Materials
You understand that the technical processing andtransmission of the Site may involve (a) transmissions overvarious networks and (b) changes to conform and adapt totechnical requirements of connecting networks or devices. Weassume no responsibility for the deletion or failure to store postings or other information submitted by you or other usersof the Site.
You agree that you will not harvest, collect or storeinformation about the users of the Site or the User Content oruse such information for any purpose inconsistent with thepurpose of the Site or for the purpose of transmitting orfacilitating transmission of unsolicited advertising, junk or bulkelectronic mail or communications. You may not: (i) take anyaction that imposes or may impose (as determined by Us inour sole discretion) an unreasonable or disproportionatelylarge load on our infrastructure; (ii) interfere or attempt tointerfere with the proper working of the Site or any activitiesconducted on the Site; (iii) bypass any measures we may useto prevent or restrict access to the Site or portions thereof (orother accounts, computer systems or networks connected tothe Site); (iv) run any form of auto–responder or “spam” onthe Site; (v) use manual or automated software, devices, orother processes to “crawl” or “spider” any page of the Site; or(vi) harvest or scrape any content from the Site.
Product Availability
The availability of the products and services described on theSite, and the descriptions of such products and services, mayvary based on location and timing.
Contests
This Site may, from time to time, contain contests that offerprizes or that require you to submit material or information about yourself. Each contest has its own rules, which youmust read and agree to before you may enter.
Intellectual Property Rights
The Site, and all of its contents, including but not limited toarticles, other text, photographs, images, illustrations,graphics, video material, audio material, including musicalcompositions and sound recordings, software, logos, titles,characters, names, graphics and button icons, excluding UserContent (collectively “Proprietary Material”), are protected bycopyright, trademark and other laws of the United States, aswell as international conventions and the laws of othercountries. The Proprietary Material is owned or controlled byEleganvera Corporation or by other parties that haveprovided rights thereto to Eleganvera Corporation.Except as otherwise provided in these Terms and Conditionsor without our express prior written permission, you may not,and agree that you will not, use, publish, reproduce, display,publicly perform, create derivative works from, reverseengineer or decompile, disassemble, distribute, license,transfer, sell, copy, post, enter into a database, upload,transmit or modify the Proprietary Material or any portionthereof, for any purpose or by any means, method, or processnow known or later developed. Modification of the materialsappearing on the Site or use of such materials for any otherpurpose is a violation of our copyright and other proprietaryrights.
Claims Regarding Copyright
Infringement
Notice. If you are a copyright owner or an agent thereof andbelieve that any User Content or other content on the Siteinfringes upon your copyrights, you may submit a notificationpursuant to the Digital Millennium Copyright Act (“DMCA”) byproviding our Copyright Agent with the following information inwriting (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of the owner or aperson authorized to act on behalf of the owner of anexclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to havebeen infringed, or, if multiple copyrighted works arecovered by a single notification, a representative list ofsuch works;
• Identification of the material that is claimed to beinfringing or to be the subject of infringing activity andthat is to be removed or access to which is to be disabledand information reasonably sufficient to permit us tolocate the material;
• Information reasonably sufficient to permit us to contactyou, such as your name, address, telephone number,and, if available, your email address;
• A statement by you that you have a good faith belief thatthe disputed use is not authorized by the copyrightowner, its agent, or the law; and
• A statement, under penalty of perjury, that the informationin the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of anexclusive right that is allegedly infringed.Our designated Copyright Agent to receive notifications ofclaimed infringement is: Eleganvera Croporation 7043 NKarlov Avenue , Lincolnwood IL 60712 or by email atEleganvera@gmail.com , any other feedback, comments,requests for technical support, and other communicationsshould be directed to our customer service. You acknowledgethat if you fail to comply with all of the requirements set forthabove, your DMCA notice may not be valid.After receiving a claim of infringement, we will process andinvestigate the claim and will take appropriate actions underthe DMCA and other applicable intellectual property laws.Upon receipt of notices complying or substantially complyingwith the DMCA, we will act expeditiously to remove or disableaccess to any material claimed to be infringing or claimed tobe the subject of infringing activity, and will act expeditiouslyto remove or disable access to any reference or link tomaterial or activity that is claimed to be infringing.
We will takereasonable steps promptly to notify the user that we haveremoved or disabled access to such material.Counter–Notice. If you believe that your User Content thatwas removed (or to which access was disabled) is notinfringing, or that you have the authorization from thecopyright owner, the copyright owner’s agent or pursuant tothe law, to post and use the content in your User Content, youmay send a counter–notice containing the followinginformation in writing to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or towhich access has been disabled and the location atwhich the content appeared before it was removed oraccess to it was disabled;
• A statement under penalty of perjury that you have agood faith belief that the content was removed ordisabled as a result of mistake or a misidentification ofthe content removed or disabled; and
• Your name, address, telephone number, and e–mailaddress, a statement that you consent to the jurisdictionof the federal district court in Chicago, Illinois and astatement that you will accept service of process from theperson who provided notification of the allegedinfringement.If a proper counter–notice is received by the Copyright Agent,we may send a copy of the counter–notice to the originalcomplaining party informing that person that we will replacethe removed content or cease disabling access to it in 10business days. Unless our designated agent first receivesnotice from the original complaining party that such party hasfiled an action seeking a court order against the contentprovider, member or user, the removed content may bereplaced, or access to it restored, in 10 to 14 business days ormore after the Copyright Agent’s receipt of the counter–notice,at our sole discretion
Return Policy
We offer a 30-Day Money Back warranty on all Productspurchased through our Website. Your warranty comes intoeffect on the day your Product is shipped from our fulfillment center, and expires sixty (60) days after the shipped date. Youwill be responsible for any shipping charges incurred inreturning the Product(s). Your refund will be processed onceyour returned Product(s) has arrived at our shipping facility.Please contact our Customer Service for assistance inprocessing your return:
847 609 1000
from 5 am – 7 pm PST Mon – Fri6 am – 4:30 pm PST Sat – Sun
Account Termination
We may, in appropriate circumstances, terminate youraccount for the Site and any or all affiliate websites if you area repeat infringer. If you believe that a user is a repeatinfringer, please follow the instructions above to contact ourCopyright Agent and provide information sufficient for us toverify that the user is a repeat infringer.
Events
You may be invited or asked to attend events we sponsor orevents held by other members and users of the Site which arenot in any way associated with us (collectively, “Events”). Yourparticipation in any Events is at your own risk and you agreeto release and hold us, our subsidiaries, agents, distributorsand affiliates, and our officers, directors and employeesharmless from and against any and all claims, actions,demands, liabilities, costs and expenses, including, withoutlimitation, any injury or death to you or your minor children orwards, resulting from attending the Events or participation inany activities available at the Events
Disclaimer
Eleganvera Corporation (INCLUDING OUR PARENTCOMPANIES, SUBSIDIARIES, AFFILIATES, THIRD PARTYCONTENT PROVIDERS, MERCHANTS, SPONSORS,LICENSORS AND THE LIKE, AND THEIR RESPECTIVEDIRECTORS, OFFICERS, MEMBERS, MANAGERS ANDEMPLOYEES (COLLECTIVELY, “RELATED PARTIES”))PROVIDES THE SITE, PRODUCTS, AND CONTENTS OFITS SITE ON AN “AS-IS” BASIS AND MAKES NOREPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, WITH RESPECT TO THEOPERATION OF THE SITE OR THE INFORMATION,CONTENT, MATERIALS OR PRODUCTS, INCLUDED ONTHE SITE. TO THE FULLEST EXTENT PERMITTED BYLAW, ELEGANVERA COROPORATION AND ITS RELATEDPARTIES DISCLAIM ALL SUCH REPRESENTATIONS ANDWARRANTIES INCLUDING, FOR EXAMPLE, WARRANTIESOF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE.IN ADDITION, ELEGANVERA CORPORATIN AND ITSRELATED PARTIES DO NOT REPRESENT OR WARRANTTHAT THE INFORMATION ACCESSIBLE VIA THE SITE ISACCURATE, COMPLETE OR CURRENT.ELEGANVERA CORPORATION AND ITS RELATEDPARTIES DO NOT HAVE ANY OBLIGATION TO VERIFYTHE IDENTITY OF ANY PERSON SUBSCRIBING ORUSING THIS SITE. THEREFORE, WE DECLINE ALLLIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANYMISUSE OF YOUR IDENTITY OR INFORMATION.
Indemnification
By using the Site, you agree to defend, indemnify, and holdus, our parent companies, subsidiaries and affiliates, andeach of their respective officers, directors, employees,contractors and suppliers harmless from any and all claims,liabilities, damages, losses, costs, and expenses, including,but not limited to, attorneys’ fees and expenses, arising in anyway from or in connection with your use of the Site or anyservice available on or through the Site, the uploading,posting, e–mailing, or transmission of any User Content orother materials by you or users authorized by you,infringement of any Proprietary Material, or any violation byyou of these Terms and Conditions, our Privacy Policy or anyother policy posted from time to time on the Site applicable toyour use of the Site. We reserve the right to assume theexclusive defense and control of any matter otherwise subjectto indemnification by you, in which event you agree to assistand cooperate with us in asserting any available defenses.
Limitation Of Liability
WE AND OUR RELATED PARTIES SHALL NOT BE LIABLEFOR ANY INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISINGFROM YOUR USE OF, INABILITY TO USE, OR RELIANCEUPON THE SITE, ITS CONTENT OR ANY PRODUCTADVERTISED OR SOLD ON THE SITE. THESEEXCLUSIONS APPLY TO ANY CLAIMS FOR LOSTPROFITS, LOST DATA, LOSS OF GOODWILL, INJURY,WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIALDAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULDHAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.BECAUSE SOME STATES OR JURISDICTIONS DO NOTALLOW THE EXCLUSION OR THE LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, IN SUCH STATES OR JURISDICTIONS, OURLIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIESAND AFFILIATES, SHALL BE LIMITED TO THE EXTENTPERMITTED BY LAW.WE DO NOT ENDORSE AND ARE NOT RESPONSIBLEFOR THE ACCURACY OR RELIABILITY OF ANY OPINION,INFORMATION, ADVICE OR STATEMENT ON THE SITE.UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FORANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCEON INFORMATION OBTAINED THROUGH EITHER THECONTENT ON THE SITE OR USE OF ANY PRODUCTADVERTISED OR SOLD ON THE SITE. IT IS YOURRESPONSIBILITY TO EVALUATE THE ACCURACY,COMPLETENESS OR USEFULNESS OF ANYINFORMATION, OPINION, ADVICE OR OTHER CONTENTAVAILABLE THROUGH THE SITE. PLEASE SEEK THEADVICE OF PROFESSIONALS, AS APPROPRIATE,REGARDING THE EVALUATION OF ANY SPECIFICINFORMATION, OPINION, ADVICE OR OTHER CONTENTON THE SITE.IN THE EVENT OF ANY PROBLEM WITH THIS SITE ORANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDYIS TO CEASE USING THIS SITE. IN THE EVENT OF ANYPROBLEM WITH PRODUCTS THAT YOU HAVE PURCHASED THROUGH THIS SITE, YOU AGREE THATYOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURNAND REFUND FOR SUCH PRODUCTS IN ACCORDANCEWITH THE POLICIES POSTED ON THIS SITE. YOUFURTHER AGREE THAT ANY CAUSE OF ACTION ORCLAIM THAT YOU MAY HAVE WITH RESPECT TO YOURUSE OF THIS SITE OR ANY CONTENTS OR PRODUCTSOBTAINED, PURCHASED, OR DOWNLOADED FROM THISSITE MUST BE COMMENCED NO LATER THAN ONE (1)YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM ORCAUSE OF ACTION AROSE.TO THE FULLEST EXTENT PERMITTED BY APPLICABLELAW, YOU AND ELEGANVERA CORPORATION FURTHERAGREE THAT EACH MAY BRING CLAIMS AGAINST THEOTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITYAND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANYPURPORTED CLASS OR REPRESENTATIVE ACTION.
Termination
We may terminate or suspend your access to the Site, deleteyour profile and any content or information that you haveposted on the Site and/or prohibit you from using or accessingthe Site (or any portion, aspect or feature of the Site) for anyreason, including but not limited to the suspicion of illegaldistribution of our Product by potential unapproved retailers,or no reason, at any time in our sole discretion, with or withoutnotice to you, effective immediately, which may result in theforfeiture and destruction of all information associated withyou and your activities in connection with the Site. If you wishto terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non–refundable. In the event of termination, you will still be boundby your obligations under these Terms and Conditions,including the warranties made by you, and by the disclaimersand limitations of liability. Additionally, we will not be liable toyou or any third party for any termination of your access to theSite.
Governing Law; General Information
We control and operate the Site from our offices in the Stateof ILLINOIS, United States of America. While we invite visitorsfrom all parts of the world to visit the Site, visitorsacknowledge that the Site, and all activities available on andthrough the Site, are governed by the laws of the UnitedStates of America and the laws of the State of Illinois. We donot represent that materials on the Site are appropriate oravailable for use in other locations. Persons who choose toaccess the Site from other locations do so on their owninitiative, and are responsible for compliance with local laws, ifand to the extent local laws are applicable. All Products shipfrom the United States and customers are solely responsiblefor the payment of any applicable customs, import, export,and excise duty, VAT and/or other taxes and fees.You agree that the laws of the State of ILLINOIS, excluding itsconflict of laws rules, and these Terms and Conditions, ourPrivacy Policy and any other policies posted from time to timeon the Site applicable to your use of the Site shall govern youruse of the Site. Please note that your use of the Site may be subject to other local, state, national, and international laws.You expressly agree that exclusive jurisdiction for any claim ordispute with us (or any of our affiliates) or relating in any wayto your use of the Site resides in the courts of the County ofCook, State of Illinois, and you further agree and expresslyconsent to the exercise of personal jurisdiction in the courts ofthe County of Cook, State of Illinois, in connection with anysuch dispute and including any claim involving us or ouraffiliates, subsidiaries, employees, contractors, officers,directors, telecommunication providers and content providers.YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIMTHAT YOU MAY HAVE WITH RESPECT TO YOUR USE OFTHE SITE OR ANY PRODUCT, CONTENT OR OTHERMATERIALS ON, ACCESSED THROUGH, PURCHASED ORDOWNLOADED FROM THE SITE MUST BE COMMENCEDWITHIN ONE (1) YEAR AFTER THE ACT OR OMISSIONGIVING RISE TO THE CLAIM OR CAUSE OF ACTIONAROSE.If either party is required to retain the services of any attorneyto enforce or otherwise litigate or defend any matter or claimarising out of, relating to or in connection with the Site, itscontent or the Products, then the prevailing party shall beentitled to recover from the other party, in addition to anyother relief awarded or granted, its reasonable costs andexpenses (including, without limitation, attorneys’ fees andcosts and/or court costs) incurred in the proceeding.A printed version of the Terms and Conditions and of anynotice given in electronic form shall be admissible in judicial oradministrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to thesame conditions as other business documents and recordsoriginally generated and maintained in printed form.These Terms and Conditions are the entire agreementbetween you and us with respect to the Site and any UserContent, and supersede all prior or contemporaneouscommunications and proposals (whether oral, written orelectronic) between you and us with respect to those matters.These Terms and Conditions shall be binding upon and inureto the benefit of each of the parties hereto, and theirrespective successors and permitted assigns. You may notassign your rights or obligations under these Terms andConditions at any time. The parties agree that these Termsand Conditions shall be interpreted as though co-drafted byboth parties hereto and any rules of contract interpretationfavoring one party over the other shall be disregarded.Captions and section headings used in these Terms andConditions are for convenience only. All necessary provisionsshall survive any termination of these Terms and Conditionsfor any reason. If any provision of these Terms and Conditionsis found to be unenforceable or invalid, that provision will belimited or eliminated to the minimum extent necessary so thatthese Terms and Conditions will otherwise remain in full forceand effect and enforceable. The failure of either party toexercise in any respect any right provided for herein shall notbe deemed a waiver of any further rights hereunder. Noagency, partnership, joint venture, or employment relationshipis created as a result of these Terms and Conditions, andneither party has any authority of any kind to bind the other inany respect. The failure of Eleganvera Corporation to exercisein any respect any right provided for herein shall not be deemed a waiver of any of its rights hereunder. Any specificright or remedy provided in these Terms and Conditions shallnot be exclusive but shall be cumulative upon all other rightsand remedies set forth these Terms and Conditions andallowed under applicable law.
Notices
Unless otherwise specified in these Terms and Conditions, allnotices under these Terms and Conditions will be in writingand will be deemed to have been duly given when received, ifpersonally delivered or sent by certified or registered mail,return receipt requested; when receipt is electronicallyconfirmed, if transmitted by facsimile or email; or the day afterit is sent, if sent for next day delivery by recognized overnightdelivery service.Please feel free to contact us via one of the methodsdescribed on our Contact Us page, or send a letter toEleganvera Customer Care, 7043 N Karlov Avenue,Lincolnwood , IL 60712. You agree that we may send noticesto you regarding your use of the Site by means of electronicmail, a general notice posted on the Site or by writtencommunication delivered either by overnight courier or U.S,mail to your email or mailing address as appearing in ourrecords from time to time.