Terms of Use

Welcome to the Ellen Lange online. Please read these terms of use (“Terms of Use”) carefully before using the services of this site (the “Site”). Please read these legally binding terms and conditions for your use of this site (this "site") and the related services, features, content, apps widgets offered or any purchases made via the site.

These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so..

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.

General Terms and Conditions

Unless otherwise noted, the products and services on the Site are intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.

Eligibility

You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (d) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.

Registration

When and if you set up an account with us and register to place orders through the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Site. Our use and disclosure of any such information that you provide is governed by our privacy policy

As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. u are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, as applicable) that are conducted through your account.

User Content

We welcome user comments, information and submissions. In addition, you and other users of the Site from time to time may have an opportunity to post on the Site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “User Content”). Subject to our Privacy Policy all User Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site. You also agree that we, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.

Review Of Submissions

We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public. In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.

Forums
The Site may permit users to share their Submissions with other users, including through our user forums (“Forums”). Some Forum participants may use anonymous screen names and may have no other connection with Ellen Lange. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site by third parties, whether such third parties are users of the Site or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of Ellen Lange. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums.

No Endorsement

We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.

Our Right to Use User Content

You do not have to submit anything to us, but if you choose to submit any User Content to the Site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We and our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.

Transmitting Materials

You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.

You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.

Product Information
All material and information presented by Ellen Lange is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Ellen Lange does not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. Ellen Lange does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

Product Availability

The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.

Purchases

If you wish to purchase any products or services through the Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All sales of our products are not final until approved by Ellen Lange Inc., located in the state of New Jersey, where all sales are deemed made. The sales transaction are governed by the laws of the state of New Jersey..

Contests

This Site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

Intellectual Property Rights

The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Ellen Lange or by other parties that have provided rights thereto to Ellen Lange.

Except as otherwise provided in these Terms and Conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

Claims Regarding Copyright Infringement

Notice. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

To receive notifications of claimed infringement is: DMCA Ellen Lange Inc. PO Box 18 Short Hills, N.. 70708 ; Inquire about our Privacy Policy/ Terms of Use For clarity, any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information in writing to the Copyright Agent:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the Copyright Agent’s receipt of the counter-notice, at our sole discretion.

Account Termination

We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer.

Third Party Websites and Links

You may be able to link to third party Websites, services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.

Third Party Merchants

The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.

Advertisements, Sponsorships, Co-Promotions and Other Partnerships

We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.

Events

You may be invited or asked to attend events we sponsor or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold us, our subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.

Non-Disparagement

You agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company.

Use Of Software

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms and Conditions govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

Disclaimer

Visitors To The Site Agree That Their Use Of, And Reliance On Any Advice Or Information Obtained From Or Through, The Site Is At Their Own Sole Risk. The Site Is Provided “as Is” And “as Available,” Without Representation Or Warranty Of Any Kind, Either Express Or Implied. Without Limitation Of The Foregoing And To The Fullest Extent Permitted Under Applicable Law, We (including Our Affiliates, Third Party Content Providers, Merchants, Sponsors, Licensors And The Like, And Their Respective Directors, Officers And Employees) Specifically Disclaim Any And All Representations And Warranties, Express Or Implied, Including, But Not Limited To: (i) Any Warranties Concerning The Availability, Accuracy, Appropriateness, Reliability, Timeliness, Or Usefulness Of The Content Of The Site; And (ii) Any Warranties Of Title, Warranty Of Non-infringement, Warranties Of Merchantability Or Fitness For A Particular Purpose, Or Warranties Implied By Any Course Of Performance Or Usage Of Trade. We Also Make No Representations And Warranties As To Any Linked Sites And We Have No Liability Or Responsibility With Respect To Your Use Of Such Sites. In Some Instances, Content Made Available On The Site May Represent The Opinions And Judgments Of Providers Or Users, Such As User Content. We And Our Affiliates Do Not Endorse Nor Shall We Or They Be Responsible Or Liable For The Accuracy Or Reliability Of Any Opinion, Advice Or Statement Made On The Site By Anyone Other Than Our Authorized Employees Acting In Such Capacity.

This Disclaimer Of Liability Applies To Any Damages Or Injuries Caused By The Site, Including, Without Limitation, Those Damages Or Injuries Occurring As A Result Of: (1) Any Error, Omission, Deletion, Or Defect In The Content Available On The Site, Or (2) Any Failure Of Performance, Error, Omission, Interruption, Deletion, Defect, Delay In Operation Or Transmission, Computer Virus, Communication Line Failure, Theft Or Destruction Of Records, Information Or Data, Unauthorized Access To, Alteration Of, Or Use Of Records, Information Or Data, Whether For Breach Of Contract, Tort, Negligence, Defamation, Or Any Other Cause Of Action. We Do Not Warrant Or Guarantee: (1) That Any Portion Of The Site Will Be Free Of Infection By Viruses, Worms, Trojan Horses, Or Anything Else Manifesting Contaminating Or Destructive Properties; Or (2) That Access To The Site Will Be Uninterrupted Or Error-free.

We Do Not Warrant Or Make Any Representations Regarding The Use Or The Results Of Use Of The Materials Available On The Site. You (and Not We Or Any Of Our Affiliates) Assume The Entire Cost Of All Necessary Servicing, Repair, Or Correction.

We Do Not Have Any Obligation To Verify The Identity Of Any Person Subscribing Or Using The Site. Therefore, We Decline All Liability Whatsoever For Identity Theft Or Any Misuse Of Your Identity Or Information.

Applicable Law May Not Allow The Exclusion Of Implied Warranties, So The Above Exclusion May Not Apply To You.

The information on the Ellen Lange Inc. Online website and any products, services, software, tools, applications, features or functionality offered or made available on or through the website (including any Ellen Lange Affiliates & Independent Consultant personal web pages provided through the website, collectively, the “Site”) are not in any way intended to provide medical or business advice nor is it intended to create a doctor-patient relationship. Nothing contained on the Site should be construed as nor is it intended to be used for medical diagnosis or treatment. The site should not be used in place of the advice of your physician or other qualified health care provider. Any interactive tools contained on the Site are provided to assist you in your personal research on skincare issues. Results from the use of Ellen Lange products may vary depending upon the individual and Ellen Lange makes no guarantee as to the results that you may you experience. Ellen Lange recommends that you consult with your physician or other qualified health care provider before beginning any product regimen or treatment. You should not disregard or delay seeking medical advice based upon any information provided on the Site.

Indemnification

By using the Site, you agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of the Site or any service available on or through the Site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the Site applicable to your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

Limitation of Liability

Regardless Of The Form Of Action, Whether In Contract, Tort, Strict Liability, Statute Or Otherwise, In No Event Will We Or Our Affiliates, Including, Without Limitation, Our Or Their Respective Officers, Directors, Employees, Agents, Partners, Suppliers, Content Providers, Successors And Assigns, Be Liable To Any Party For Any Direct, Indirect, Special, Exemplary, Punitive, Incidental, Consequential (including, But Not Limited To, Damages For Business Interruption, Wasted Expenditure, Loss Of Business And Other Profits, Loss Of Goodwill, Loss Of Anticipated Savings, Loss Of Programs, Cost Of Replacing Equipment, Software Or Other Goods Or Services, Or Loss Of Records, Information Or Data), Or Any Other Damages Arising In Any Way Arising Out Of Or Related To: (i) The Availability, Use, Reliance On, Or Inability To Use The Site Any Platform Applications Or Any Content Or Other Materials On, Accessed Through Or Downloaded From The Site; Or (ii) Any Claim (including For Property Damage To Your Device Or Computer System) Attributable To Errors, Omissions, Or Other Inaccuracies In, Or Destructive Properties Of, The Site Or The Linked Sites, Or Any Information, Software, Products, Services Or Other Materials Available On Or Through The Site Or Linked Sites, Even If We Or Our Affiliates, Or Our Or Their Respective Officers, Directors, Employees, Agents, Partners, Suppliers, Content Providers, Successors And Assigns Are Aware Or Shall Have Been Advised Of The Possibility Of Such Damages. Because Some States Or Jurisdictions Do Not Allow The Exclusion Or The Limitation Of Liability For Consequential Or Incidental Damages, In Such States Or Jurisdictions, Our Liability Shall Be Limited To The Extent Permitted By Law (thereby Minimizing Our Liability To You To The Lowest Amount That Applicable Law Permits).

You Specifically Acknowledge That We Shall Not Be Liable For User Submissions Or The Defamatory, Offensive, Or Illegal Conduct Of Any Third Party And That The Risk Of Harm Or Damage From The Foregoing Rests Entirely With You. Your Sole And Exclusive Remedy For Any Of The Above Claims Or For Disputes Against Us Or Any Of Our Affiliates Is To Discontinue Your Use Of The.

Nothing In These Terms And Conditions Shall Be Deemed To Exclude Or Limit Your Liability In Respect Of Any Indemnity Given By You Under These Terms And Conditions.

Termination

We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.

Governing Law; General Information

We control and operate the Site from our offices in the State of New Jersey, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of New Jersey. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the State of New Jersey, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Site resides in the courts of the County of Middlesex, State of New Jersey, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Middlesex, State of New Jersey, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the site or any content or other materials on, accessed through or downloaded from the site must be commenced within one (1) year after the act or omission giving rise to the claim or cause of action arose.

A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms and Conditions are the entire agreement between you and us with respect to the Site and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.

Arbitration

By using this Site, you agree that Ellen Lange at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with purchasing a product), and participant further waives all rights to have damages multiplied or increased.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

Notices

Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Please feel free to contact us via one of the methods described on our contact page, or send a letter to Ellen Lange Inc. PO Box 18 Short Hills, NJ 07078. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S, mail to your email or mailing address as appearing in our records from time to time.