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MM. LAFLEUR TERMS OF USE

Effective Date: July 5, 2017

Welcome to the MMLaFleur.com website administered by MM. LaFleur, Inc. (“MM. LaFleur”, “we”, “us” or “our”). PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. THE TERMS OF USE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND MM. LAFLEUR AND STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.MMLAFLEUR.COM (THE “SITE”), THE SERVICES OFFERED THROUGH THE WEBSITE, AND ANY ORDERS THAT YOU PLACE WITH US (COLLECTIVELY, THE “SERVICES”).

By accessing or using the Site, placing an order for clothing or accessories offered by MM. LaFleur (“Products”), checking a box or using any other consent protocol presented on our Site to indicate your assent to this Agreement, and/or completing the registration process, you hereby represent that: (1) you have read, understand, and agree to be bound by the Terms of Use Agreement and any future amendments and additions to the Terms of Use Agreement as published from time to time at https://mmlafleur.com/privacy-and-terms; (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with MM. LaFleur; and (3) you have the authority to enter into the Terms of Use Agreement. If you do not agree to be bound by the Terms of Use Agreement, you may not access or use the Services.

PLEASE BE AWARE THAT SECTION 15 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF USE AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Any dispute or claim relating in any way to your use of the Services will be governed and interpreted by and under the laws of the state of New York, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from THE TERMS OF USE Agreement.

Your use of, and participation in, certain Services offered by us may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such Service. The Terms of Use Agreement and any applicable Supplemental Terms are referred to herein as the “Agreement.”

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY MM. LAFLEUR IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms of Use Agreement available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2(a) below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Services (each, a “User”) and will be effective thirty (30) days after posting notice of such changes on the Site for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to such Users. MM. LaFleur may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.

1. USE OF SERVICES.

a. License. Subject to the terms and conditions of the Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site and the Services only for the purpose of shopping for Products for personal use and not for purposes of resale or any other commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement may result in the immediate revocation of the license granted in this paragraph without notice to you.

b. Certain Restrictions. Except as permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion thereof unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site or Services for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate Accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that User conduct violates this Agreement, applicable law or is harmful to our interests. You agree not to upload, distribute, or publish any content or material through the Services that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, or other harmful code or properties. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions.

c. Use of Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for MM. LaFleur to monitor such materials and that you access these materials at your own risk.

2. Registration.

a. Registering Your Account. In order to use certain features of the Services, you may be required to register an account on the Site (an “Account”).

b. Registration Data. In registering an Account on the Site, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (A) at least thirteen (13) years old; (B) of legal age to form a binding contract; and (C) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (1) notify MM. LaFleur immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or MM. LaFleur has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MM. LaFleur has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account at any given time. You agree not to create an Account or use the Services if you have been previously removed by MM. LaFleur.

c. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of MM. LaFleur.

3. INTELLECTUAL PROPERTY. The content of this Site and the Services, including all text, images, graphics, publications, audio clips, and software, and the assembly and arrangement of such items belongs exclusively to MM. LaFleur or its affiliates or licensors and is protected by U.S. and international copyright laws. MM. LAFLEUR and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of MM. LaFleur, Inc., or its affiliates. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in metatags without prior explicit consent.
4. User Submissions.

a. Your Submissions. Except as otherwise provided elsewhere in the Agreement or on the Site, you agree that we have the right to use anything that you submit or post to the Site, send to your stylist or MM. LaFleur via email and/or provide us, including without limitation, ideas, questions, reviews, comments, and suggestions (collectively, your “Submissions”). You hereby grant us the royalty-free, worldwide, perpetual, irrevocable, sublicenseable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble, or create derivative works from such Submissions by any means and in any form. You agree not to use a false e-mail address, pretend to be someone other than yourself, or mislead us or any third parties in regards to the origin of any Submissions or content. When you post comments or reviews to the Site, you also hereby grant us the right to use the name that you submit with any such review or comment. If you provide us feedback or contact us via email, you also hereby grant us the right to collect your name, email address and any other content included in the email in order to send you a reply and make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on this Site and that use of your Submissions by us will not infringe upon or violate the rights of any third party. We have the right to remove or edit any Submissions for any reason.

b. Other Users. Each User is solely responsible for any and all of its own Submissions made available through the Services (collectively, “User Submissions”). Because we do not control User Submissions, you acknowledge and agree that we are not responsible for any User Submissions, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Submissions. Your interactions with other Users are solely between you and such Users. You agree that MM. LaFleur will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other User, we are under no obligation to become involved.

5. SHIPMENTS, RETURNS AND EXCHANGES. For more information on our shipping, return and payment policies, please visit: https://mmlafleur.com/terms-of-sale (“Terms of Sale Policies”). All purchases are subject to our Terms of Sale Policies.

6. GIFT CARDS. The following terms under the “Gift Cards” heading relate to you as the purchaser or user of gift cards from the Site (“Gift Cards”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PURCHASE GIFT CARDS THROUGH THE SITE.

a. Purchasing and Redemption. By purchasing Gift Cards through the Site, you certify and represent to MM. LaFleur that the activities in connection with which the Gift Cards will be used will comply with these Terms and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or MM. LaFleur, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other MM. LaFleur-related entity. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card will be mailed the Gift Card to address you provide during the purchase. In the event the recipient does not have an Account at the time of receiving the Gift Card, they will be prompted to create an Account in order to redeem the Gift Card. An Account is required in order to purchase or redeem a Gift Card.

You may purchase Gift Cards for any value between $50 and $3,000 US dollars. The amount of the Gift Card you purchase will be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. Personal information that you provide in connection with the purchase or redemption of Gift Cards will be governed by the MM. LaFleur Privacy Policy. Gift Cards may only be redeemed toward the purchase of eligible products on the Site. Redemption of Gift Cards on the Site is subject to change in MM. LaFleur’s sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient’s MM. LaFleur Account when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other payment method accepted by MM. LaFleur. You may be able to obtain your gift card balance by contacting MM. LaFleur customer service at bonjour@mmlafleur.com. The Gift Card balance relayed to you by a MM. LaFleur customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time. Gift Cards never expire AND THERE IS NO DORMANCY FEE.

b. Use and Limitations. Gift Cards cannot be used to purchase other gift cards. To the fullest extent of the law, Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Unused Gift Card balances in an Account may not be transferred. Unless otherwise required by law, Gift Cards are not returnable or refundable for cash. If applicable law permits the card-holder cash-out a Gift Card, such request may be made to bonjour@mmlafleur.com. To the fullest extent of the law, Gift Cards may not be sold or bartered to third parties. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via Sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain MM. LaFleur’s prior written approval. Use of MM. LaFleur’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of MM. LaFleur Gift Cards is strictly prohibited. Furthermore, the use of MM. LaFleur Gift Cards in any manner that states or implies that any person, Site, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, MM. LaFleur, or any of its subsidiaries or affiliates is prohibited.

c. Risk of Loss; Fraud. If your Gift Card is lost or stolen, immediately contact customer service at bonjour@mmlafleur.com. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to MM. LaFleur. MM. LaFleur and its affiliates will have no liability to you for lost or stolen Gift Cards, or use of any Gift Cards by third parties through your Account that is not attributable to the negligence or misconduct of MM. LaFleur. You are responsible for keeping the username and password for your Account safe and for any activity conducted under your Account that is not attributable to the negligence or misconduct of MM. LaFleur. Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. The Gift Cards never expire, nor is there a dormancy fee, but we are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of MM. LaFleur.

d. Issuer. Gift Cards are issued by MM. LaFleur, Inc., a Delaware corporation.

6. TYPOGRAPHICAL ERRORS. We have the right to refuse or cancel orders if a Product or information is listed on the Site with a typographical error that incorrectly identifies the true price or service conditions of a Product or service. We have the right to refuse or cancel any such orders whether or not 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, we or the third party payment processing service provider that we engage will immediately issue a credit to your credit card account in the amount of the charge and you agree that a credit is your sole remedy.

7. TERMINATION. We have the right to terminate the Agreement or revoke any and all of your rights granted under the Agreement with or without prior written notice. Upon termination of this Agreement, you will immediately cease all access to and use of the Site and we will, in addition to any other legal or equitable remedies, revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement will not affect the respective rights and obligations of the parties arising before the date of termination.

8. INTERNATIONAL USE. This Site can be accessed from countries other than the United States, but may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

9. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT OF THE LAW, MM. LAFLEUR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARISING FROM OR RELATED TO USE OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SITE. THE FOREGOING DISCLAIMER OF WARRANTY DOES NOT EXTEND TO THE PRODUCTS SOLD ON THE SITE, WHICH ARE SUBJECT TO SEPARATE TERMS OF SALE POLICIES. FOR MORE INFORMATION ABOUT THE PRODUCT TERMS OF SALE, SEE OUR FAQS RELATED TO OUR PRODUCTS AT https://mmlafleur.com/terms-of-sale. SOME JURISDICTIONS DO NOT ALLOW FOR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT OF THE LAW, YOU AGREE THAT MM. LAFLEUR, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. THE CUMULATIVE LIABILITY OF MM. LAFLEUR TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, OR YOUR USE OF THE SITE AND/OR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO MM. LAFLEUR BY YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY WILL NOT EXTEND TO CLAIMS FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE BY USERS WHO RESIDE IN THE STATE OF NEW JERSEY OR TO CLAIMS BY NEW JERSEY RESIDENTS FOR ANY DAMAGES CAUSED BY MM. LAFLEUR’S FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION, OR OMMISSION OF ANY MATERIAL FACT OR INTENTIONAL OR RECKLESS MISCONDUCT.

11. BASIS OF THE BARGAIN. You acknowledge and understand that the warranty disclaimers and limitations of liability set forth in sections 9 and 10 form an essential basis of the agreement between the parties hereto, that the parties have relied upon such disclaimers and limitations of liability, and that absent such disclaimers and limitations of liability, the terms and conditions of this Agreement would be substantially different.

12. INDEMNIFICATION. You agree to indemnify and hold harmless MM. LaFleur, its affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties” ) from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and costs, arising out of or in any way related to your breach of this Agreement, your use of the Site or in connection with your Account or any other person’s use or access to your Account, with or without your permission. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, intentional or reckless misconduct, fraud, deception, false promise, misrepresentation or omission of any material fact in connection with the Site. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Site.

13. EXTERNAL LINKS. This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

14. EXCLUSIVE VENUE. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and MM. LaFleur agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in either a small claims court of competent jurisdiction or the state or federal courts located in New York, New York.

15. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with MM. LaFleur and limits the manner in which you can seek relief from us.

a. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any Products sold or distributed through the Site, or to any aspect of your relationship with MM. LaFleur, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (ii) you or MM. LaFleur may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH MM. LAFLEUR, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST MM. LAFLEUR ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST MM. LAFLEUR IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

b. Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Registered Agent Solutions, Inc., 1679 S Dupont Hwy Ste 100, Dover, DE 19901. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, MM. LaFleur will pay them for you. In addition, MM. LaFleur will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, MM. LaFleur will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Authority of Arbitrator.  The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and MM. LaFleur. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us. 

d. Waiver of Jury Trial.  YOU AND MM. LAFLEUR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and MM. LaFleur are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
 
e. Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 14.

f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: MM. LaFleur Inc., 611 Broadway, Suite 401, New York, NY 10012, or by email at bonjour@mmlafleur.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your MM. LaFleur username (if any), the email address you used to set up your MM. LaFleur Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

g. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with MM. LaFleur.

i. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if MM. LaFleur makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to MM. LaFleur.

16. MISCELLANEOUS.

a. Severability/Waiver. Subject to Section 15(e), if any these provisions will be deemed invalid, void, or for any reason unenforceable, that condition will not affect the validity and enforceability of any remaining provision. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived.

b. Our Address. Please direct any questions, comments or suggestions regarding this Site to: MM. LaFleur Inc., 611 Broadway, Suite 401, New York, NY 10012, or call (212) 300-4592, or email bonjour@mmlafleur.com.

c. Notice. Where MM. LaFleur requires that you provide an email address, you are responsible for providing MM. LaFleur with your most current email address. In the event that the last email address you provided to MM. LaFleur is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, MM. LaFleur’ dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to MM. LaFleur at the following address: MM. LaFleur Inc., 611 Broadway, Suite 401, New York, NY 10012. Such notice will be deemed given when received by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

d. Procedure for Making Claims of Copyright Infringement. It is MM. LaFleur’s policy to terminate privileges of any user who repeatedly infringes copyright upon prompt notification to MM. LaFleur by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Site of the material that you claim is infringing; (iv) your address, telephone number and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: MM. LaFleur Inc., Attn: Legal Department, 611 Broadway, Suite 401, New York, NY 10012.

e. Electronic Communications. The communications between you and MM. LaFleur use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (i) consent to receive communications from MM. LaFleur in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MM. LaFleur provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.

f. Release. You hereby release the Indemnified Parties (as defined above) and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site or any MM. LaFleur products or services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by an Indemnified Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any services provided hereunder.

g. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without MM. LaFleur’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

h. Force Majeure. MM. LaFleur will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

i. Notice to California Customers. Under California Civil Code Section 1789.3, customers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

j. Entire Agreement. This Agreement is the final complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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