Terms of Service

Indemnification

At our request, you agree to defend, indemnify and hold harmless Catherine Elizabeth, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Conditions of Sale by you or any other liabilities arising out of your use of this Website, or the use by any other persons accessing this Website using your Internet account or account login. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

Entire Agreement

The Conditions of Sale (as amended from time to time) constitutes the entire agreement between you and Catherine Elizabeth regarding your use of the Customer Contact Center and the Website and any transactions you may have with Catherine Elizabeth through either the Customer Contact Center or the Website, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Catherine Elizabeth in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Website conflicts with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept the Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.

No Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Governing Law

The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the State and County of New York.