By accessing the website at https://carolsmane.com/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Please read this information carefully as it contains important details about your rights and obligations as well as limitations and exclusions that may apply to you.
We will make every effort to match each order to your exact specifications. Because our natural hair is 100% human hair and each individual piece comes from a separate donor we cannot guarantee hair color or texture. Our natural hair comes in a straight, wavy or curly pattern, the color will range between a natural 1b and 2. (Stay tuned for our platinum blonde “Blaque BlondE”) In some cases we may have natural lighter pieces that are available upon request but not guaranteed. Please be forewarned, if you are dissatisfied with the color or texture, we will exchange your purchase one time only. (must get authorize email approval before shipping hair back) ALL returns must be done at customers expense.
Only exchanges within 3 calendar days from the date of customer received package will be permitted. Due to the nature of ALL wigs being Custom there are absolutely no refunds and ALL WIG SALES ARE FINAL. Due to the nature of the product and the possibility of incorrect installation and/or processing (coloring, heat application), there is no replacement of our hair and/or wigs/units (both Custom Wigs & RTG Wigs) the 3-day Product Defect Exchange Policy is not applicable.
For the Carol’s Mane LLC collection and PROMO sales, all sales are final. There are no returns or exchanges permitted.
Carol’s Mane Custom Units & Ready-To-Go Units Policies
Cancellation & Refund Policy
We here at the Carol’s Mane LLC do not offer refunds or returns for completed custom Wig Unit(s) or items purchased through our online shop. In order to ensure client satisfaction, you’ll be sent digital photographs of the completed custom unit(s). At that time, you can request adjustments to the unit(s) in keeping with the intended and desired outcome of the project. Significant changes not part of the scope of the original project could result in additional cost and/or work time.
No returns or exchanges are allowed of Ready-to-Go unit purchases. No changes or adjustments will be made to Ready-to-Go unit(s) purchased through the shop except at the discretion of the Carol’s Mane LLC. If your Ready-to-Go unit(s) does not meet your expectations, we encourage you to let us know so that we can advise you on the best course of action in order to remedy the situation. Please read the description and details of the unit(s)s, including sizes, before purchasing. If you have questions, just let us know and we’ll help you determine if the Ready-to-Go unit(s) is right for you! All Ready-to-Go unit & Custom Wig Unit(s) purchases are Final.
Client Services and Satisfaction
If you receive your custom unit(s) and request reasonable adjustments to the fit or execution of the piece, every attempt will be made to accommodate these requests as your satisfaction is our highest priority. Additional cost may be incurred if the adjustment requires significant time or material or is outside the scope of the initial project. This determination will be made by Carol’s Mane LLC. No changes or adjustments will be made to Ready-to-Go unit(s).
We encourage you to reach out to us at any time during our business hours if you have questions or concerns. Once you have your Custom or Ready-to-Go unit(s), we’re here for you any time (during normal business hours) should you have a question or need some guidance. The best form of communication is via email: Support@carolsmane.com. However, you are welcome to call, email, request a video chat, or message us. If you receive your custom order and feel that it is not what you expected or that there are issues with the fit or style, we encourage you to let us know immediately so we can work with you to address your concerns. We want you to be happy and feel completely comfortable and confident in your Carol’s Mane Unit(s)/Wig(s), so let us know how we can help!
We do not have any licensing agreements or rights to produce official replicas of trademarked or copyrighted characters, nor do we want to appropriate other designers’ and artists’ work. We work with you to create an ultimately original unit(s). In other words, we can’t make you a “Cruella de Vil” wig, but we can build a unique black/white wig for you. We reserve the right to decline or cancel a commission if we feel you are asking us to infringe on a trademarked design or project.
Care, Maintenance and Durability of our Carol’s Mane Wigs
Wigs/Units will require some amount of regular care and maintenance in order to maintain their original appearance. Please go to our Hair Care page for guidance on how to properly care for you Carol’s Mane Tresses. You’re welcome to ask us about the care and upkeep on your wig/unit(s) if you have questions. Please keep in mind “it is far easier to keep a wig looking Good with regular maintenance than to restore a neglected unit.”
Wigs will need to be restyled periodically to maintain their appearance. We offer Re-styling and Maintenance services for a reasonable fee for all of our clients any time. We invite you to check our F.A.Q “How do I take care of my Carol’s Mane Tresses? ” for additional information on caring for CAROL’S MANE TRESSES.
We stand behind our work and our products but are not able to make guarantees about the lifespan of a wig nor do we offer any warranties. We are happy to offer advice, consultation, care instructions, repair and other assistance at any time to help ensure the long life of your wig/unit(s).
Completion and Delivery of Products
Each unit construction is unique. While we will do our best to have your unit(s) ready by the estimated completion date, we reserve the right to take more time in order to ensure your project is exactly right. If your unit construction has a hard and fast deadline, this will be reflected in your project agreement.
Please note that we are not responsible for shipments once they have been tendered to the carrier.
The specific terms of your project will be listed in your contract and may differ slightly from those listed here.
COPYRIGHTS, AND OTHER RIGHTS
Carol’s Mane LLC, does not accept liability beyond the remedies set forth herein, including any liability for products not being available for, or the provision of services and support. Carol’s Mane LLC, will not be liable for consequential, special, indirect or punitive damages even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation of liability applies both to products and services. Customer agrees that for any liability related to the purchase of products, Carol’s Mane LLC is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of products under this agreement. Customer agrees that for any liability related to the purchase of services not bundled with products under this agreement, Carol’s Mane LLC is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of services under this agreement.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.
Terms of payment are always 100% upfront. We accept all major credit cards, as well as PayPal. As soon as you place an order online your credit card will be charged. Credit card fraud and theft of our merchandise will be prosecuted to the fullest extent of the law. If your billing address is different than your shipping address you will be required to fill out a credit card authorization form and send supporting documentation before your shipment is released. If this is necessary a representative will contact promptly after your order has been placed.
Money Orders, Cashier’s Checks, Company Checks, & Personal Checks
We DO NOT accept money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars.
Our business hours are Tuesday through Thursday from 09:00 am to 2:00 pm EST. However, you are welcome to make purchases outside of business hours. Keep in mind all orders placed outside of business hours will not be processes until next working business day. All orders received before 2:00 p.m. are expected to be processed and shipped the same day. Orders placed over the weekend will be shipped first thing Monday morning unless it is a holiday. Please note Carol’s Mane LLC is not responsible for late shipments due to holidays, bad weather, postal strikes or courier delays. Please keep in mind that public holidays do not count as a business day and should be considered when calculating shipping times. Please allow 1-10 business days for processing. Once orders are shipped, orders arrive within the time frame selected on the order form.
Standard (approx. 3-7 business days)
Expedited (approx. 2-4 business days)
Next Day Air (approx. 1-2 business days)
Multiple Product Orders
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Carol’s Mane LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
If any product is out of stock, unavailable or if we are just simply unable to fulfill your order we will contact you immediately to find out if you are interested in receiving a substitution. If a substitution is not acceptable you may wish to terminate the sale in which case, we will refund the amount charged to your credit card.
Please note: Prices, specifications, and availability of products are subject to change without notice. Any typographical, photographic, or specification error in products or pricing is subject to correction. We will notify you of any corrections or changes and ask for your approval before we complete your order.
At Carol’s Mane LLC we maintain a very high level of quality assurance. Our products go through a rigorous process to make sure you are receiving the best quality product possible. All hair orders are thoroughly inspected before shipping. It is our primary focus to make sure you are completely satisfied.
Due to the nature of our products(all wig units are all uniquely and/or custom made, all sales are final and no refunds will be issues. Exchanges are available on a case-by-case basis.
Chemical alterations or any modifications made to the product subsequent to the sale, make all guarantees null and void. We cannot accept back any human hair that has been installed or altered including but not limited to washed, brushed, combed or cut).
Inspect the hair and/or wig(s) without unwrapping the bundles or removing the bands and labels to make sure the product is to your satisfaction. If you are unsure, please show your stylist.
We take great pride in our product and it is 100% guaranteed. Since natural hair is reactive to a simple wash and deep conditioning product issues or concerns can often easily be remedied by implementing a simple care regimen. However, if you feel you’ve received a product that is truly defective and unusual we want to hear from you. If you have received any product that is defective you must contact us within 3 calendar days from the date of receiving package. Although no refunds are permitted we will address the quality issue at once. A Customer Service Representative will provide the customer a return-shipping label along with instructions for the return of the entire product in question. Note that perming, coloring, lifting, rinsing, cutting, removing the hair from the weft or otherwise processing the hair VOIDS the Product Defect Exchange Policy. If Carol’s Mane LLC verifies and agrees that the product is defective in any way, Carol’s Mane LLC will then exchange or replace the item.
If the customer selects a product in exchange of greater value, they will be responsible for paying the additional cost of the item. Carol’s Mane LLC will cover the cost of shipping the exchanged/new item back to the customer if ground shipping is selected. Otherwise the customer will receive a $15 credit towards another shipping option. If Carol’s Mane LLC does not validate the product defect issue, we will return the item in question to the customer at our expense (via ground) without an exchange of product.
From time to time, Carol’s Mane LLC, at its sole discretion, may exchange products or portions of a product under the following conditions:
Requests must be made within 3 calendar days from the date of purchase. Any exchange request after 3 calendar days will not be honored.
We will not accept any merchandise that has been used or altered (brushed, combed, picked, cut, removed from the weft or processed) in any way. According to the Federal law you cannot return human hair products that have been used. This includes removing the hair from the bundle and trying it on. We adhere to these strict policies with respect to hair returns, hygiene concerns and federal law. Please return the item in the original and resalable condition as a necessary health precaution. Note that perming, relaxing, coloring, lifting, rinsing, removing the hair from the weft or otherwise processing the hair voids ALL EXCHANGE AND REPLACEMENT GUARANTEES. ALL EXCHANGES MUST BE APPROVED BY CAROL’S MANE LLC BEFORE IT IS RETURNED.
Canceling an Order
You may request that an order be cancelled provided the order has not already been processed and shipped. Simply email at Support@carolsmane.com during Carol’s Mane LLC hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-3 business days.
Although we provide a 100% hassle free return policy, considering the nature of our business here at Carol’s Mane we would absolutely appreciate if you can make all your questions and concerns clear before placing your order. All Deposits are 100% nonrefundable.
Each purchase is unique and has extenuating circumstances. Please contact our customer service first to resolve any discrepancies. If for any reason you must return your hair purchase, we will not be responsible for any returned package lost during the shipment, original post office receipt must be kept to claim the compensation. All returned packages must be insured. Customers are responsible for the shipping charges.
PRIZES AND COMPENSATION
Any purchases made at trade shows, or received as prizes or for compensatory purposes are not permitted to be exchanged or returned. Carol’s Mane LLC reserves the right to approval or withholds approval at its sole discretion.
Carol’s Mane LLC reserves the right to cancel or change any program without notice at any time.
Note: If you need further clarification about our Terms and Conditions or have general questions please email us.
With the exception of your personal information, any communication or material you send to the Carol’s Mane LLC site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Carol’s Mane LLC site may be used by Carol’s Mane LLC for any purpose including but not limited to modification, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to Carol’s Mane LLC you irrevocably transfer and assign to Carol’s Mane LLC, and forever waive and agree never to assert, any copyrights, “moral” rights, rights of publicity or to privacy, or other intellectual-property or proprietary rights that you may have in such material. Carol’s Mane LLC is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Carol’s Mane LLC site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.
Our Affiliate Terms & Conditions
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at Support@carolsmane.com.
Roshonda O.(Carol’s Mane LLC Affiliate Manager)
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Carol’s Mane LLC.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in carolsmane.com Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the carolsmane.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to carolsmane.com, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the ShareASale.com server, and follow us on Instagram @carols_mane & @carolsmanedollz. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials 2.1.2. Promotes violence 2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age 2.1.4. Promotes illegal activities 2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law 2.1.6. Includes “Carol’s Mane” or variations or misspellings thereof in its domain name 2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion. 2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program. 2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are carolsmane.com or any other affiliated business.
2.2. As a member of carolsmane.com Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously published affiliate newsletters carolsmane.com web site and banner creative, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. Carolsmane.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site, as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyright-able work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Carolsmane.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the carolsmane.com Affiliate Program.
3.2. Carolsmane.com reserves the right to terminate this Agreement and your participation in the Carolsmane.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the carolsmane.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, carolsmane.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated here-under.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and carolsmane.com Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in carolsmane.com Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Carolsmane.com uses a third party to handle all of the tracking and payment. The third party is the ShareASale.com affiliate network. Kindly review the network’s payment terms and conditions.
7. Access to Affiliate Account Interface
You will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions carolsmane.com could be perceived by the public or the press as a joint effort. You should know that Carolsmane.com always prohibits certain forms of advertising. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote carolsmane.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote carolsmane.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from carolsmane.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the carolsmane.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as carolsmane.com, carol’s mane, www. carolsmane, www. carolsmane.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Carol’s Mane Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Carol’s Mane’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Carol’s Mane’s site (i.e., no page from our site or any carolsmane.com content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of carolsmane.com site in IFrames, hidden links and automatic pop ups that open carolsmane.com site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of carolsmane.com Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of carolsmane.com and the good will associated therewith will inure to the sole benefit of carolsmane.com.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
CAROLSMANE.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING CAROLSMANE.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF CAROLSMANE.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL CAROLSMANE.COM CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless carolsmane.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and carolsmane.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect