My Journey by Donna Karan

Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY.

1. ACKNOWLEDGEMENT
The Boardwalk Gemini Web Site is operated by Boardwalk Gemini, LLC (“BGLLC”). BGLLC and any and all entities that control, are controlled by, or are affiliated or under common control with BGLLC are collectively referred to herein as “we”, “us” or “our”.

The BGLLC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BGLLC Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these Terms of Use, you may not use the BGLLC Web Site.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the BGLLC Web Site and receipt of data, materials and information available at or through the BGLLC Web Site.

2. USE OF CONTENT
All information, materials, functions and other content (“Content”) contained on the BGLLC Web Site is our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the BGLLC Web Site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from the BGLLC Web Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the BGLLC Web Site, except that where a BGLLC Web Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the BGLLC Web Site is prohibited.

Any and all rights not expressly granted herein are reserved.

3. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BGLLC Web Site, you warrant to us that you will not use the BGLLC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BGLLC Web Site in any manner which could damage, disable, overburden, or impair the BGLLC Web Site or interfere with any other party’s use and enjoyment of the BGLLC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BGLLC Web Site.

4. LINKS TO THIRD PARTY SITES
The BGLLC Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

5. DISCLAIMER
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE BGLLC WEB SITE OR ANY THIRD-PARTY WEB SITES OR SERVICES LINKED TO FROM THE BGLLC WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE FREE OF INACCURACIES OR TYPOGRAPHICAL ERRORS, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BGLLC WEB SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Advice received via the BGLLC Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

6. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE, OR INABILITY TO USE, THE BGLLC WEB SITE OR CONTENT OR RELATED SERVICES, OR (b) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BGLLC WEB SITE OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE ARISING OUT OF THE USE OF THE BGLLC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BGLLC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BGLLC WEB SITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE BGLLC WEB SITE OR CHANGE THE BGLLC WEB SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

7. INDEMNIFICATION
You are responsible for maintaining the confidentiality of your personal information as well as for all of your activities on the BGLLC Web Site. You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the BGLLC Web Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. JURISDICTION AND VENUE
You agree that any action at law or in equity arising out of or relating to these terms of use or the BGLLC Web Site shall be filed, and that venue properly lies, only in state or federal courts located in Orange County, Irvine, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

9. MODIFICATION OF THESE TERMS OF USE
At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). Any amendment shall be posted on the BGLLC Web Site.

10. GENERAL PROVISIONS
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY BGLLC WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

11. WAIVER AND SEVERABILITY
No waiver of by BGLLC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BGLLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

12. ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Boardwalk Gemini, LLC with respect to the BGLLC Web Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the BGLLC Web Site.

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