What are the Terms of Use
Welcome to Alavati (“Alavati”), owned and operated by Bertram Beauty, LLC. (“us,” or “we”). By using our Web site (the “Alavati Site”), you agree to these Terms of Use. If we decide to change our Terms of Use, we will post those changes on this page so that you are always aware of the rules that apply to the Alavati Site.
Your Use of the Alavati Site
You agree that you will not use any robot, spider, other automatic device, or any manual process to monitor, copy, modify, distribute, or publish any web pages within the Alavati Site or the content contained thereon without our prior written consent. You also agree that you will not frame any portion of the Alavati Site without our prior written consent.
Your use of and access to the Alavati Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations in your use of and access to the Alavati Site. In addition, you agree that: (1) you will not interfere with another member’s use and enjoyment of Alavati; (2) you will not interfere with or disrupt Alavati’s security measures; (3) you will not interfere with or disrupt networks connected to Alavati, and will comply with all regulations, policies and procedures of such networks; and (4) you will comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with Alavati, Inc. You also agree to indemnify and hold Bertram Beauty, LLC., as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors, harmless from any loss, liability, damages and expenses (including without limitation reasonable attorneys’ fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of the Alavati Site, your violation of these Terms of Use, or your violation of the rights of any third party.
We may terminate your Alavati account or suspend your access to all or part of the Alavati Site, without notice, if you violate these Terms of Use or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Bertram Beauty, LLC., any other Alavati user, or any third party. If your account is terminated, we may, but are not required to, remove some or all of your content from our servers.
About the Alavati Site
All material contained on the Alavati Site, including without limitation, text, graphics, icons, images and software, are the property of Bertram Beauty, LLC. or its content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Bertram Beauty, LLC. You may not alter or remove any trademark, copyright, patent or other notice from copies of content.
Bertram Beauty, LLC. respects copyright law and expects our account holders to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders’ rights. Bertram Beauty, LLC. may terminate the account of any user who Bertram Beauty, LLC. believes, in its sole discretion, has infringed upon the copyright or other intellectual property right of others.
Alavati and all other Alavati logos and trade names are trademarks or registered trademarks of Bertram Beauty, LLC. All trademarks used on the Alavati Site are the property of their respective owners.
Establishing a Alavati account with Bertram Beauty, LLC.
To purchase products on the Alavati Web site you must set up an Alavati account. You may not transfer your account to another person, share it with anyone, or use it to impersonate anyone. You agree that you will provide us with accurate account information (such as your real name, valid e-mail, and accurate, non-fraudulent payment information) and will update your account information if it becomes outdated. We may terminate your account if we are unable to verify or authenticate the information you provide to us. You agree to help protect your account by guarding your password, and by changing it as soon as possible if you believe its security has been compromised. You also agree to notify Bertram Beauty, LLC. immediately if you believe your account has been used without your authorization. We may communicate with you via email and any other similar technology for purposes relating to your account, any orders you place with us, or any other services we provide to you. For more information about how we treat the information you provide to us, you may review our Privacy Policy.
Limitation of Liability
By using this site, you expressly agree that such use is at your sole risk. Bertram Beauty, LLC. endeavors to provide service of the highest quality, but we cannot guarantee that our service will be uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of Alavati.
Bertram Beauty, LLC. is a distributor and not a publisher of content (including information, data, and other material) supplied by third parties and by users like you. Neither Bertram Beauty, LLC. nor any of its affiliates, officers, directors, employees, or agents, or any third party content providers, retailers, merchants, sponsors, or licensors guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall Bertram Beauty, LLC. (or any of its affiliates, officers, directors, employees, or agents) be liable for any loss or damage caused by your reliance on information obtained through Alavati. It is your responsibility to evaluate the information, opinion, advice, or other content available through Alavati.
BERTRAM BEAUTY, LLC. PROVIDES THE ALAVATI SITE, AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS OPERATION, CONTENTS, OR THE PRODUCTS SOLD ON THE ALAVATI SITE AND BERTRAM BEAUTY, LLC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. BERTAM BEAUTY, LLC. DOES NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THIS SITE IS ACCURATE, CURRENT, OR COMPLETE.
IN NO EVENT SHALL ALAVATI BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF BERTRAM BEAUTY, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING ALAVATI, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL MERCHANDISE, SERVICES, AND CONTENT AVAILABLE THROUGH ALAVATI IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL BERTRAM BEAUTY, LLC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID BERTRAM BEAUTY, LLC. FOR USE OF THE ALAVATI WEB SITE AS A RESULT OF THE USE IN QUESTION.
Miscellaneous
This site is created, controlled and operated by Bertram Beauty, LLC. in the State of California, USA. If you chose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. Bertram Beauty, LLC. is located at 21351 Bertram Road, San Jose, CA 95120 and can be reached by telephone at (650) 781-7277. If you are a California resident, you may have these Terms of Use emailed to you by sending a letter to the foregoing address with your email address and a request for this information. We ask that you bring service problems to our attention, but you may also choose to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or (800) 952-5210. Bertram Beauty, LLC. reserves the right to change the terms of this agreement without notice. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California, regarding agreements between California residents entered into and to be performed within California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A., and the parties agree to submit to the personal jurisdiction and exclusive venue of these courts.
If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute your entire agreement with Bertram Beauty, LLC. with respect to their subject matter, and super cede any other previous written terms and any oral or promotional statements. Bertram Beauty, LLC. reserves the right to make changes to the Alavati Site, and our policies at any time.
Copyright, Trademark, and Standards Policies Disclaimer
To ensure a smooth operating site, Bertram Beauty, LLC. has established certain policies concerning the site and the rights and responsibilities of Bertram Beauty, LLC. and those who visit and use the site. By using this site, you are agreeing to be legally bound and to abide by the terms set out below.
Copyrights and Trademarks
This site contains copyrighted materials, trademarks, service marks, trade dress, and other proprietary information owned by Bertram Beauty, LLC.
All content on this site, including text, graphics, icons, images, and software, is the property of Alavati, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Bertram Beauty, LLC. and protected by United States and international copyright laws. The content and software on this site may be used as a shopping resource. Permission is granted by Bertram Beauty, LLC. to electronically copy and to print in hard copy portions of this site for your own personal use as a shopping resource, but Bertram Beauty, LLC. reserves all rights in and title to any proprietary information so copied. Any other use of materials on this site (including reproduction, modification, distribution, or re-publication) without the prior written consent of Bertram Beauty, LLC. is strictly prohibited.
Bertram Beauty, LLC. is a distributor and not a publisher of content (including information, data, and other material) supplied by third parties and by users like you. Bertram Beauty, LLC. cannot and does not exercise editorial control over such content. Any such content is that of the respective authors and distributors and not of Bertram Beauty, LLC. or any of its affiliates or officers, directors, employees, or agents. Neither Bertram Beauty, LLC. nor any of its affiliates, officers, directors, employees, or agents, or any third party content providers, retailers, merchants, sponsors, or licensors guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall Bertram Beauty, LLC. (or any of its affiliates, officers, directors, employees, or agents) be liable for any loss or damage caused by a user’s reliance on information obtained through Alavati. It is your responsibility to evaluate the information, opinion, advice, or other content available through Alavati.
“Alavati” is a service mark of Bertram Beauty, LLC. All rights are reserved. Alavati’s trademark may not be used without prior written consent.
Disclaimer, Limitation of Liability, and Applicable Standards
By using this site, you expressly agree that such use is at your sole risk. Neither Bertram Beauty, LLC. nor any of its affiliates or officers, directors, employees, or agents or any third party content providers, retailers, merchants, sponsors, or licensors make any warranty that Alavati will be uninterrupted or error-free or any warranty concerning the results that my be obtained from the use of Alavati or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Alavati.
Bertram Beauty, LLC. is providing this site and its contents on an “as is” basis and makes no representations or warranties of any kind, express or implied, with respect to this site or its operation, contents, or products. Bertram Beauty, LLC. disclaims any and all representations and warranties, including but not limited to any warranty of merchantability or fitness for a particular purpose to the full extent permitted by applicable law. Bertram Beauty, LLC. does not represent and warrant that the information accessible on this site is accurate, current or complete. Bertram Beauty, LLC. will not be responsible or liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, consequential, loss of income, lost profit, or punitive damages. By using this site, you acknowledge that this limitation will apply to all content, merchandise, and services available through Bertram Beauty, LLC. Any current or future links contained in this site to any other site is provided as a convenience only and Bertram Beauty, LLC. assumes no responsibility or liability for the contents of such other sites, or any products or services advertised or sold on such sites.
We enjoy hearing from you and welcome your comments about our products and services. However, if you send us a business idea or suggestion – for example, about how to improve or expand our products and services – you agree that we will be completely free to implement, use or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.
Bertram Beauty, LLC. may terminate or suspend any user’s access to all or part of this site, without notice, for any conduct that Bertram Beauty, LLC., in its sole discretion, believes is in violation of any applicable law or otherwise harmful to the interests of Bertram Beauty, LLC, any other user of Alavati, or any third party provider, merchant, sponsor, or licensor.
Applicable Law
This site is created and controlled by Bertram Beauty, LLC. in the State of California, USA, and the laws of the State of California will govern these disclaimers without giving effect to any principles of conflict of laws. Bertram Beauty, LLC. reserves the right to make changes to our site, Alavati Storefronts, disclaimers, and policies at any time
Privacy Policy
Because we are committed to protecting your privacy in all aspects of our business, we hope you will take the time to read this policy, which explains what information we collect from you had how we use that information. By using our Web site or purchasing products or services from us, you agree to be bound by this policy. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect and how we use it. Please check back periodically.
What information we collect and how we use it
When you visit our Web site, Alavati collects your IP address, which we use to help diagnose problems with our server, to administer our Web site, and to improve our products and services. Your IP address also is used to gather broad demographic information that does not personally identify you.
To purchase products on the Alavati Web site, you must setup an Alavati account. Setting up an account requires you to provide your name, e-mail address, password, telephone, and shipping address (your “Account Information”). We also ask you for your billing address, credit card number, and expiration date (your “Order Information”). This information is necessary for us to process your order.
If you subscribe to the Alavati newsletter, we may use your Account Information to occasionally notify you about important changes to the Web site, new Alavati features, or special Alavati offers you may find useful. If you would rather not receive this information, visit the Your Account page to change your preferences. You always have the ability to change your preferences. If you have chosen to receive this information and change your mind, visit the Your Account page to change your preferences. (Whenever you decide to change your preferences, please make sure to change your preferences for each account or email address you have left with us.)
You may also choose to provide personal information, such as your name and address, when you enter a contest or drawing or participate in a survey. We may use this information the same way we use your Account Information and Order Information.
How we protect your information
This Web site has security measures in place to protect the loss, misuse, and alteration of the information under our control. When you access your account information, we use a secure server. The secure server layer (SSL) encrypts all information you input before it is sent to us. All of the customer data we collect is similarly protected against unauthorized access.
Alavati will not share your personal information with third parties unless you have consented to the disclosure or the disclosure is necessary to (1) comply with the law or with legal process, (2) protect and defend our rights and property, (3) protect our customers or users from misuse or unauthorized use of the Alavati Web site, or (4) protect the personal safety or property of our customers or the public.
Alavati may provide aggregate statistics about our customers, sales, traffic patterns, and related Web site information to third parties, but these statistics will include no personally identifying information. Put simply, we will not tell our business partners that you bought a particular item, but we may tell them how many customers in certain demographic groups bought certain items.
Links to other Web sites
The Alavati Web site may contain links to other sites, operated by third parties, that we think may be of interest to you. Alavati encourages third parties to follow appropriate privacy standards and policies, but is not responsible for the actions of those parties, the content of their Web sites, or any products or services they may offer.
Cookies
The Alavati Web site uses “cookies,” which are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide a shipping cart and to store your shipping and billing information between visits. If you’ve set your browser to reject cookies, you can still use our site, but will not be able to purchase items. Cookies may also be used by our affiliates or advertisers. Alavati encourages anyone who uses cookies to follow appropriate privacy standards and policies, but is not responsible for cookies placed by third parties.
Children’s privacy online
At Alavati, we understand that children’s privacy is important. Except in connection with surveys and contests, we do not monitor the age of our user audience. However, if you are under age 13, you should not submit personal identifying information to Alavati without the consent of your parent or guardian. If you are a parent and want to limit your children’s access to material you believe may be harmful to them, you may want to look into commercially available hardware, software and filtering devices. If you are interested in learning about these protections, information is available athttp://www.worldvillage.com/wv/school/html/control.htm and other similar sites.