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Last Updated: April 2006


 1. THIS IS AN AGREEMENT BETWEEN YOU AND CONSULTANT DEPOT, INC.
This is an agreement ("Agreement") between you and Consultant Depot, Inc. ("CD"). This Agreement governs your use of any Web site or Web page operated by CD (each, a "CD Web Site," and collectively, the "CD Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

CD OFFERS THE CD WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE CD WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (SEE SECTIONS 6, 7, AND 8); AND AN EXCLUSIVE REMEDY (SEE SECTION 7). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW CD MAY MODIFY THIS AGREEMENT
CD reserves the right to change the terms, conditions, and notices under which it offers the CD Web Sites, including any charges associated with the use of the CD Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any CD Web Site. Your continued use of the CD Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS
Any CD Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that CD Web Site, including without limitation, particular features or offers (for example, discounts and incentives). If any terms contained in this Agreement conflict with any terms contained within a CD Web Site, then the terms in this Agreement shall control.

4. NO UNLAWFUL OR HARMFUL USE OF THE CD WEB SITES
You will not use the CD Web Sites in any way that is unlawful, or harms CD, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "CD Party" and collectively, the "CD Parties") or any customer of a CD Party, as determined in CD's sole discretion. CD may tell you about certain specific harmful uses in a code of conduct or other notices available through a CD Web Site, but has no obligation to do so. You may not use the CD Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the CD Web Sites. Without limiting the generality of this section, you may not use the CD Web Sites in any manner that could damage, disable, overburden, or impair any CD Web Site (or the network(s) connected to any CD Web Site) or interfere with any other party's use of the CD Web Sites.

5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to CD related to the CD Web Sites (a "Submission"), you grant CD permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the CD Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. CD will not pay you for your Submission. CD may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, CD may keep a record your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the CD Parties or any customer of a CD Party.

6. CD MAKES NO WARRANTY
CD PROVIDES THE CD WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CD PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CD PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE CD WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. CD MAKES NO WARRANTY WITH REGARD TO THE SUCCESS OF YOUR DIRECT SALE BUSINESS, NOR WITH REGARD TO ANY EXPECTATION BY YOU OF SALES AS A RESULT OF THE SHIPMENT OF MATERIALS.


7. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY CD PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE CD WEB SITES, EVEN IF SUCH CD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 7 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE CD WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CD PARTY WITH RESPECT TO THIS AGREEMENT OR THE CD WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CD WEB SITES.


8. CHANGES TO THE CD WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE CD PARTIES MAY CHANGE THE CD WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
As you use the CD Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by CD and persons other than CD (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7, YOU ACKNOWLEDGE AND AGREE THAT THE CD PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7, YOU ACKNOWLEDGE AND AGREE THAT CD IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE CD WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE CD WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE CD WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE CD WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 6, 7, AND 8 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

9. TERMINATION; ACCESS RESTRICTION
CD may terminate this Agreement, or terminate or suspend your access to the CD Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the CD Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE CD WEB SITES MAY NOT BE RETRIEVED LATER.

10. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Ohio, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Franklin County, Ohio, USA in all disputes arising out of or relating to the use of the CD Web Sites.

11. FAILURE OF TIMELY DELIVERY; DAMAGE TO MATERIALS
CD shall not be liable for any failure of delivery of any materials due to causes beyond its control, including, but not limited to, the following: delays relating to deliver of materials by the United States Postal Service or other courier; the unavailability or refusal of a person to accept delivery of the shipment; acts of God; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a recipient; the application of security regulations imposed by the government, or otherwise applicable to the shipment; riots, strikes or other labor disputes; civil unrest; disruptions in air or ground transportation networks and natural disasters. CD shall not be liable for any damage to materials shipped on behalf of you incurred during the course of shipment.

12. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. CD may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the CD Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and CD with respect to the CD Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CD with respect to the CD Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

13. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND CD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CD WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


14. COPYRIGHT NOTICE
All contents of the CD Web Sites are Copyright © 2006 Consultant Depot, Inc., [CD’s Address] U.S.A. All rights reserved. Any rights not expressly granted herein are reserved.

15. NO AFFILIATION
CD is not affiliated with Avon Products, Inc. or any other direct sales company. The CD Websites are not the website of Avon Products, Inc., nor are they endorsed by it, or affiliated with it in any way. The website of Avon Products, Inc. can be found at www.avon.com.

16. REFUNDS AND TRANSFERS OF PURCHASES.

PLEASE NOTE THAT PURCHASES WITH CONSULTANT DEPOT ARE NON-REFUNDABLE WITHOUT EXCEPTION! ONCE YOU HAVE MADE YOUR PURCHASE, YOUR ORDER IS FINAL AND YOUR FUNDS CANNOT BE REFUNDED TO YOU UNDER ANY CIRCUMSTANCES. NO EXCEPTIONS.


17. PRIVACY
FOR INFORMATION REGARDING THE CONSULTANT DEPOT, INC. PRIVACY STATEMENT, CLICK HERE.


 
 
 
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