CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
Jouviance reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Jouviance also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of jouviance.com, which may be posted in the relevant parts of jouviance.com, and will be clearly identified. Your continued use of jouviance.com constitutes your agreement to comply with these additional rules.
SUSPENSION OR TERMINATION OF YOUR USE
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Jouviance’s other products. Jouviance further reserves the right to terminate, without notice, any user's access to or use of jouviance.com for any reason.
Jouviance reserves the right without notice, at any time and for any reason, to terminate jouviance.com or any portion thereof or any products or Services offered through jouviance.com. You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination.
OWNERSHIP OF THE SITE AND SITE INFORMATION
jouviance.com is expressly owned and operated by Jouviance. Unless otherwise noted, the design and content features on jouviance.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information") are owned by Jouviance or its affiliates or are licensed from third party service providers by Jouviance. The site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
SITE INFORMATION IS PROVIDED "AS IS"
Site Information is provided "as is" with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. jouviance.com may change, delete or update any Site Information at any time and without prior notice.
USE OF THE SERVICE BY YOU
You may view and use the Site Information only for your personal information on jouviance.com. Except as set forth in this Agreement, jouviance.com does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the site and the Services is personal to you -- you may not authorize others to use the site and the Services, and you are responsible for all use of the site and the Services by you and by those you allow to use, or provide access to, the site and the Services. You agree to use the site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
NON-COMMERCIAL USE ONLY
jouviance.com is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information, or the site for any purpose. You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Jouviance. Illegal and/or unauthorized uses of the site, including efforts to collect usernames and/or email addresses of users, by electronic or other means, for the purpose of sending unsolicited email and unauthorized framing of or linking to the site, will be investigated and appropriate legal action will be taken including, without limitation, civil, criminal and injunctive redress.
ELIGIBILITY TO USE THE SITE AND THE SERVICES
Jouviance does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to Jouviance. If a child under 13 submits information through any part of jouviance.com, and Jouviance becomes aware that the person submitting the information is a child, we will delete this information as soon as possible.
You agree not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Jouviance will fully cooperate with any law enforcement authorities or court order requesting or directing Jouviance to disclose the identity of anyone posting any such information or materials. We reserve the right to block access to any address from this website.
USE OF CONTENT SUPPLIED BY YOU
CONTENT POSTED BY USERS IS NOT ENDORSED BY JOUVIANCE
Jouviance does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on jouviance.com. Any Content placed on jouviance.com, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Jouviance or its third party service providers. Jouviance reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on jouviance.com, at its sole discretion, without notice. You agree that Jouviance and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to jouviance.com by others, including Unacceptable Content that violates this Agreement.
You agree to indemnify Jouviance and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities, including attorneys fees, which may arise from your Content submissions, from your unauthorized use of the Services or Site Information obtained through jouviance.com, or from your breach of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, JOUVIANCE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. JOUVIANCE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF JOUVIANCE.COM.
JOUVIANCE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT; THE PROVISION OF SERVICES HEREUNDER; YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES; YOUR USE OF OR RELIANCE ON THE SERVICES; THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO JOUVIANCE.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE JOUVIANCE, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: 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 SECURITY OF JOUVIANCE.COM
We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard jouviance.com, our systems and our customers' personal information. For example, for the security of your online visit to jouviance.com, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Jouviance cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided us when you registered with jouviance.com.
When you visit jouviance.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on jouviance.com. You agree that all agreements, notices, disclosures and other communications that we provide you, electronically, satisfy any legal requirements that such communications be in writing.
JURISDICTION AND GOVERNING LAW
Jouviance makes no representation that the Site Information, the Services or products offered through jouviance.com are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through jouviance.com, do so of their own initiative, and are responsible for compliance with local laws, to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Province of Quebec, Canada and any action based on or alleging a breach of this Agreement must be brought in a s court located in the district of Montreal. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Northern New York. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
TRADEMARK NOTICE The JOUVIANCE, ECOSYSTEMIC SKINCARE, SOSEN INC.
www.jouviance.com names and logos are trademarks of SOSEN INC. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
SOSEN INC. 995 Wellington – Suite 210 Montreal, Quebec H3C 1V3 Canada
HEALTH RELATED INFORMATION
The information contained in the website is provided for informational purposes only and is not meant to substitute the advice provided by your doctor or other healthcare professionals. You should not use the information available on, or through the website, (including, but not limited to, information that may be provided on the website by healthcare or nutrition professionals employed by or contracting with Jouviance) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration, and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully read all product packaging prior to use. The personal information collection in our questionnaires will remain confidential and will not be shared with any third party. This information will be securely stored and used solely for purposes related to your rewards related to the Beauty Club.
*These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose treat, cure or prevent any disease.
Copyright © 2011. All rights reserved.
SHARING OF INFORMATION
Jouviance collects information that you provide us or that we learn about you from your use of jouviance.com. For example, you may provide information to jouviance.com when you register, sign-in, search, add items to your shopping cart, answer your online prescription, participate in a survey, request our e-mail newsletters, or communicate with Jouviance’s Customer Care. Your name, address, phone number, e-mail address, answers to our questionnaires, and personal shopping and product preferences will not be shared with any third parties except under legal subpoena or to complete a transaction when you request to purchase items in your shopping bag. Jouviance or its authorized service providers may track aggregate traffic patterns throughout jouviance.com. We may use aggregated statistical information to describe our customer audience, products and services, and to develop partnerships with third parties to offer products and services, which we believe our customers may be interested in.
QUALITY CUSTOMER EXPERIENCE
Jouviance is committed to quality customer experience. We are constantly reviewing your feedback to improve and enhance your online experience. You can tell us what you think by sending us an e-mail. See our Customer Care section.
THE SECURITY OF YOUR PERSONAL INFORMATION IS VERY IMPORTANT TO US
PRIVACY AND SECURITY POLICY MAY CHANGE OVER TIME
THE TYPE OF INFORMATION WE COLLECT ABOUT YOU
Jouviance collects information that you provide us or that we learn about you from your use of jouviance.com. We receive and store information when you enter on jouviance.com or give us in any other way. For example, you may provide information to jouviance.com when you register, sign in, search, answer our questionnaires, participate in a survey, request our e-mail newsletters, or communicate with Jouviance’s Customer Care department. As a result of those actions, you might supply us with such information as your name, address, phone number and e-mail address. We also automatically receive and store certain types of information whenever you visit jouviance.com. The personal information collected in our questionnaires will remain confidential and will not be shared with any third party.
HOW WE USE INFORMATION ABOUT YOU
We use information we have collected about you to provide you with the very best health and beauty news, products and services. We do not sell your personal information to third parties for any reason. We do not disclose your personal information to unaffiliated third parties who may want to offer you their own products and services unless you have requested or authorized us to do so. We do not partner with or have special relationships with any ad server companies. We may share your personal information to third parties or affiliates of Jouviance whom we have contracted to perform services on our behalf. All companies that act on our behalf are contractually obligated to keep the personal information we provide to them confidential and to use the personal information we share only to provide the services we ask them to perform. We may disclose personal information about our customers as permitted or required by law, such as in connection with a subpoena or similar legal process, or in connection with a merger, acquisition, as discussed further below. We try to provide you with the information you need to make informed, reasonable choices with respect to how jouviance.com uses or shares your information. Jouviance collects and uses your personal information in several ways:
Jouviance, or its authorized service providers, may observe activities, preferences and transactional data (such as your IP address, browser type and operating system) relating to your use of jouviance.com. We may use this collected or logged information in order to provide better service, to facilitate our customers' use of the website, to track usage of the website, and to address security hazards. Jouviance, or its authorized service providers, may use this information to track aggregate traffic patterns throughout jouviance.com. We may use aggregated statistical information to describe our customer audience, products, and services, as well as to develop partnerships with third parties to offer products and services in which we believe our customers will be interested.
PASSWORD FOR YOUR ONLINE ACCOUNT
When setting up an online account on our website, you will be asked to select a password. The retrieval of personal information relating to you and your order history is only available to you if you provide the correct password that you have created. After providing your password, you can edit or delete your information at any time through the "My Account" page. If you forget your password, you can request that it be emailed to your email address. We will not give passwords out over the phone, nor will we email them to a different address than the one used to register.
COOKIES AND PIXEL TAGS A
LINKS TO THIRD-PARTY SITES AND WEBSITES CONTAINING JOUVIANCE BRANDING
ACCESSING YOUR PERSONAL INFORMATION
You can change your contact preferences at any time by following the instructions on jouviance.com. Keeping your account information accurate and up-to-date is very important so we can provide you with excellent service. If your account information is incomplete, inaccurate, or not current, please follow the instructions on jouviance.com to correct your account information online.
MERGERS AND ACQUISITIONS
If Jouviance should ever merge with another company, or if Jouviance should decide to buy another business, or sell or reorganize part or all of Jouviance’s business, Jouviance may be required to disclose your personal information to prospective or actual purchasers and other parties. If these types of transactions occur, Jouviance will obtain appropriate protections for information disclosed.
The Jouviance and jouviance.com names and logos are trademarks of Jouviance. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
995 Wellington #210
Montreal, Quebec Canada
Last revised August 2011