Terms of Use

 

Welcome to www.milkandsass.com (our “Website”) owned and operated by Orielle LLC, a California limited liability company (“Orielle,” “us” or “we”).  Please review the following terms and conditions (“Terms of Use”) and our other policies that govern your visit to this Website, and your use of this Website and related products and services available on or through the Website (the “Services”). 

 

Your Consent and Use of the Website

Your use of our Website constitutes your acceptance of, and agreement to follow and be bound by the Terms of Use, Privacy Policy, and any further policies or terms that govern your use of our Website and/or Services, which are all incorporated herein by reference (collectively, this “Agreement”).  If you do not agree to these terms and conditions, please do not use the Website. 

We may from time to time update, change or modify the terms and conditions that govern your use of our Website and Services and this Agreement.  Your use of our Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.   

Use of this Website is limited to persons over the age of thirteen (13).  This Website is not directed to children under 13 years old.  The policy of Orielle, as the operator of this Website, is NOT to knowingly collect any personal information from children under 13, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (COPPA).  If you are under 13, you should leave the Website without providing any information about yourself.  Any access to or use of this Website or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian.  By accessing or using the Website and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website, Services and this Agreement.  By using the Website and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

PROHIBITED USES.  Orielle imposes certain restrictions on your permissible use of the Website.  You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Orielle in providing the Website.  Any violation of system or network security may subject you to civil and/or criminal liability.  Without limiting the foregoing, you may not use “bots”, spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and only for purposes consistent with this Agreement.  You may not circumvent any access or use restrictions, data encryption or content protection related to the Website.  You may not data mine the Website or in any way cause harm to the Website.

 

Website Contents and Intellectual Property Rights

Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Orielle or its subsidiaries and affiliates.  No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances and Orielle reserves and retains all intellectual property rights in and to the Website and its Contents.  Framing to this Website or any of its Contents is prohibited without the prior written permission of Orielle.  You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or defame or disparage us in any way; however, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link from any website that is not owned by you.  We reserve the right to withdraw linking permission at any time without notice.  The website from which you are linking must comply in all respects with these Terms of Use and any of our other applicable policies.

 

Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Website.  Unauthorized use or copying (including electronic copying or downloading) of the Website and Contents without Orielle’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.  At Orielle’s discretion, we may immediately terminate your right to use the Website and demand that you return or destroy copies of any unauthorized materials or Contents obtained from the Website.

 

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.

 

Disclaimer of Warranties and Limitation of Liabilities

ALL USE OF THIS WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS WEBSITE, IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, we make no warranty, promise or guarantee of any kind that (A) Operation of our Website and/or Services will be continuous, TIMELY, uninterrupted, secure, or that this Website or its server are free of ERRORS, viruses or other harmful effects; (b) the Website or Services will meet your requirements or expectations; (c) the results that may be obtained from use of the Website, PRODUCTS or Services will be effective, typical, accurate or reliable; AND (d) the quality of any products, services or information purchased or obtained by you from the Website or Services will meet your expectations or be free from mistakes, errors or defects.  YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES ARE AT YOUR OWN RISK. 

 

FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THIS WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY.  You should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced at this Website.  Likewise, ORIELLE does not warrant the accuracy of third-party content contained within or referred to at this Website, including reference by any links to third-party Websites.  ORIELLE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. 

 

UNDER NO CIRCUMSTANCES SHALL ORIELLE OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR SERVICES.  IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES. 

 

WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF ORIELLE FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO ORIELLE FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.

 

Release and Indemnification

IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS of the WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGrEE TO RELEASE AND FOREVER DISCHARGE ORIELLE AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNeCTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND/or SERVICES.

 

You agree to indemnify, defend and hold harmless ORIELLE, its directors, shareholders, officers, employees, agents, distributors, vendors and affiliates (collectively the “Indemnified Parties”) from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of OR IN CONNECTION WITH your use, unlawful use or other misuse, or inability to use the Website or Services, your breach of this Agreement, OR otherwise RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE.  YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.  THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

 

Choice of Law, Arbitration, and Venue

This Agreement and any claim or controversy relating to or arising from the use of this Website or Services, including, but not limited to, any transactions made or entered into at this Website, any information, content, products, services or promotions herein contained or provided from this Website, or any functionality, software or programming contained or provided at or from this Website (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.  All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California.  For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com.  All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims.  NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  The decision of the arbitrator shall be final and binding.  No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.  Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California.  Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California.  You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

By using the Website and/or Services in any manner, you agree to the above arbitration agreement.  In doing so, you give up your right to go to court to assert or defend any claims between you and us.  You also give up your right to participate in a class action or other class proceeding.

Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials

As a user of this Website, you may be able to post content on the Website, including providing testimonials or reviews, leaving comments, etc.  You are solely responsible for the content that you publish, display or post on the Website or Services, or transmit or display to other users.  However, Orielle reserves the right to block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or other intellectual property rights, (d) in violation of any law, regulation or this Agreement, or (e) offensive or otherwise unacceptable to Orielle in its sole discretion.  Orielle reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on the Website, in its sole discretion, without notice.  If at any time Orielle chooses, in its sole discretion, to monitor the content, Orielle assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.  You agree that Orielle shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

Any submission of information or copyrightable works of any nature by you to this Website or to Orielle through the use of this Website shall be deemed to constitute a release by you to the public domain, for use by Orielle, and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information.  All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Orielle using this Website or otherwise are not confidential and will become and remain Orielle’s property.  By submitting such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction. 

Your submission of such information and material shall further constitute an assignment to Orielle of all worldwide rights, titles and interests and goodwill in the information and materials without payment of any compensation.  By posting content to any public area of the Website, you automatically grant and represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. 

If you provide, post or link any information, materials, text, images, music, video, or other content or works of any nature (collectively, “Posted Content”) at, to or through the Website, you represent, warrant, and agree that any such Posted Content:

 

(a) is not defamatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;

(b) is not false, inaccurate, misleading, or fraudulent;

(c) does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

(d) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(e) does not contain personal identifying information of any person other than you;

(f)  does not contain any advertising of any nature whatsoever;

(g) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; and

(h) shall become and be the property of Orielle with the full and unrestricted right of Orielle to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.

 

Termination and Denial of Access

This Agreement is effective unless and until terminated by Orielle.  If, in Orielle’s sole discretion, you fail to comply with any term or provision of this Agreement, Orielle may terminate your access to or use of this Website.  In the event of termination or denial of access by Orielle, you are no longer authorized to access the Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force. 

 

Third Party Links

This Website may include links to other Internet sites maintained by third parties including social media sites (“Linked Sites”).  Orielle provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Orielle of the Linked Sites.  You access Linked Sites at your own risk and by accessing them you leave this Website.  Linked Sites are not under the control of Orielle and Orielle is not responsible for the contents of any Linked Sites.

 

Modifications to the Website or Services

Orielle reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice at its sole discretion.  You agree that Orielle shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services.

 

Product Images and Descriptions

All product descriptions are approximate and provided for convenience only.  The product images on this Website may appear larger or smaller than their actual size.  Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your computer monitor and individual settings and may not be accurate.  The availability of products displayed on this Website is not guaranteed as products may be out-of-stock or discontinued.  While Orielle attempts to be as accurate as possible in the product descriptions on this Website, Orielle does not warrant that product descriptions or other content of any Orielle Service is accurate, complete, reliable, current or error-free.  

 

Miscellaneous

Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Orielle and you or any other person or entity.  Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches.  Unless otherwise agreed to by Orielle and you and specified in writing, this Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between Orielle and you with respect to use of the Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein.  This Agreement is binding on the parties hereto and their successors and assigns.  If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.

 

Complaints or Concerns

If you have any complaints or concerns regarding the Website or Services, please contact us at:  9663 Santa Monica Blvd., #818, Beverly Hills, CA 90210 or 1-323-651-1465.  For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 Nor