Terms and Conditions

Effective Date: December 31, 2019

WELCOME TO THE TABOZ FRAGRANCES WEBSITE.

1. GENERAL TERMS

BEFORE USING THE TABOZFRAGRANCES.COM WEBSITE (THE “SITE” or “WEBSITE”), PLEASE REVIEW ALL OF THE TERMS AND CONDITIONS INCLUDED BELOW.

TABOZFRAGRANCES.COM WEBSITE IS OPERATING BY DACOS FRAGRANCES LLC ( COLLECTIVELY REFERRED TO HEREIN AS "COMPANY" OR "WE", "US" OR "OUR" ).

THESE TERMS AND CONDITIONS ARE A LEGAL CONTRACT BETWEEN YOU AND THE COMPANY.

THE COMPANY MAY UPDATE THE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. YOU CAN VIEW THE MOST CURRENT TERMS AND CONDITIONS PRIVACY POLICY, AND OTHER TERMS, CONDITIONS AND POLICIES IN OUR SITE.

WE PROVIDES THE CONTENT AND SERVICES AVAILABLE ON THE SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, OUR PRIVACY POLICY AND OTHER TERMS, CONDITIONS AND POLICIES WHICH YOU MAY FIND THROUGHOUT OUR SITE IN CONNECTION WITH CERTAIN FUNCTIONALITY, FEATURES OR PROMOTIONS AS WELL AS CUSTOMER SERVICE, ALL OF WHICH ARE DEEMED A PART OF AND INCLUDED WITHIN THESE TERMS AND CONDITIONS (COLLECTIVELY, "TERMS AND CONDITIONS"). BY ACCESSING OR USING THE SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS.

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT MAY APPLY TO YOU. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE EXIT AND NOT USE THE SITE.

2. TERMS AND CONDITIONS FOR THE USE OF THE TABOZFRAGRANCES.COM

(1) GENERAL

ALL USE OF THE TABOZFRAGRANCES.COM WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS. BY USING THE TABOZFRAGRANCES.COM WEBSITE YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE TERMS AND CONDITIONS.

(2) PRIVACY AND DATA SECURITY

(A) PRIVACY POLICY. PLEASE REVIEW OUR PRIVACY POLICY FOR DETAILS ABOUT OUR PERSONAL INFORMATION PRACTICES. THE PRIVACY POLICY GOVERNS THE USE OF ANY PERSONAL INFORMATION THAT YOU PROVIDE TO US ON THIS WEBSITE OR IS OTHERWISE COLLECTED THROUGH YOUR USE OF THE WEBSITE.

(B) NOT INTENDED FOR MINORS. THE TABOZFRAGRANCES.COM WEBSITE IS NOT INTENDED FOR THOSE UNDER 18. BY USING THE WEBSITE YOU AGREE YOU ARE 18 YEARS OF AGE OR OLDER, FURTHERMORE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS. WE DO NOT KNOWINGLY COLLECT OR SOLICIT PERSONAL INFORMATION FROM THOSE UNDER 18 OR KNOWINGLY ALLOW SUCH PERSONS TO REGISTER FOR AN ONLINE ACCOUNT OR TO POST PERSONAL INFORMATION IN OUR WEBSITE. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY BROWSE OUR SITE. HOWEVER, YOU MAY NOT PROVIDE PERSONAL INFORMATION TO US NOR REGISTER ON THE SITE. THIS SITE IS NOT DIRECTED TO CHILDREN UNDER 13 YEARS OLD.

(C) RECORDS. WITHOUT LIMITING THE TERMS OF THE PRIVACY POLICY, YOU ACKNOWLEDGE AND AGREE THAT WE MAY PRESERVE ANY TRANSMITTAL OR COMMUNICATION BY YOU WITH US THROUGH THE WEBSITE (OR CUSTOMER SERVICE), AND MAY ALSO DISCLOSE SUCH DATA IF REQUIRED TO DO SO BY LAW OR WE DETERMINE THAT SUCH PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO (1) COMPLY WITH LEGAL PROCESS, (2) ENFORCE THESE USE TERMS, (3) RESPOND TO CLAIMS THAT ANY SUCH DATA VIOLATES THE RIGHTS OF OTHERS, OR (4) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF DACOS FRAGRANCES, ITS EMPLOYEES, USERS OF OR VISITORS TO THE WEBSITE, AND THE PUBLIC.

(3) INTELECTUAL PROPERTY

(A) OWNERSHIP. THE TABOZFRAGRANCES.COM WEBSITE AND MATERIAL ON THE TABOZFRAGRANCES.COM WEBSITE (INCLUDING ALL INTELLECTUAL PROPERTY OF ANY NATURE, WHETHER REGISTERED OR UNREGISTERED, INCLUDING DRAWINGS, DESIGNS, ILLUSTRATIONS, PHOTOGRAPHS, VIDEOS, SOUND TRACKS, WRITTEN TEXT, LOGOS, TRADEMARKS) ARE THE EXCLUSIVE PROPERTY OF THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS, AND IS PROTECTED BY UNITED STATES AND OTHER INTERNATIONAL LAWS, INCLUDING LAWS GOVERNING COPYRIGHTS AND TRADEMARKS. OUR TRADEMARKS AND TRADE DRESS MAY NOT BE USED IN ANY MANNER FOR ANY PURPOSE WITHOUT OUR EXPRESS WRITTEN CONSENT. YOU MAY NOT USE OR PRODUCE BY ANY MEANS OR PROCESS (EXCEPT AS EXPRESSLY PROVIDED HEREIN , OR AS REQUIRED UNDER APPLICABLE LAW), IN WHOLE OR IN PART, DISTRIBUTE, REPRODUCE, COPY, ACCESS, MODIFY, PUBLISH, TRANSMIT, CREATE DERIVATIVE WORKS BASED ON, MODIFY OR SELL, OR OTHERWISE EXPLOIT ANY MATERIAL CONTAINED ON THE TABOZFRAGRANCES.COM WEBSITE.

(B) PROPRIETARY MARKINGS. YOU MAY NOT REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY NOTICE CONTAINED ON THE TABOZFRAGRANCES.COM WEBSITE OR ANY CONTAINED THEREIN.

(4) PURCHASE AND SERVICES RELATED POLICIES AND PROCEDURES

(A) ACCEPTANCE: THE PURCHASE OR ATTEMPTED PURCHASE BY YOU OF ANY PRODUCTS OFFERED ON TABOZFRAGRANCES.COM WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS. FOR EACH ORDER ON TABOZFRAGRANCES.COM YOU ACCEPT THE TERMS AND CONDITIONS IN FORCE AT THE DATE OF THE ORDER.

(B) PERSONAL USE. THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE, AND ANY SAMPLES THEREOF WE MAY PROVIDE TO YOU, ARE FOR PERSONAL USE ONLY. YOU MAY NOT SELL OR RESELL ANY OF THE PRODUCTS OR SERVICES, OR SAMPLES THEREOF, YOU PURCHASE OR OTHERWISE RECEIVE FROM US. WE RESERVE THE RIGHT, WITH OR WITHOUT PRIOR NOTICE, TO CANCEL OR REDUCE THE QUANTITY OF ANY ORDER TO BE FILLED OR PRODUCTS OR SERVICES TO BE PROVIDED TO YOU THAT WE BELIEVE, IN OUR SOLE DISCRETION, MAY RESULT IN THE VIOLATION OF OUR TERMS AND CONDITIONS. ANY RESALE OR DISTRIBUTION OF OUR PRODUCTS PURCHASED ON TABOZSFRAGRANCES.COM WEBSITE IS STRICTLY PROHIBITED.

(C) NOT INTENDED FOR MINORS. YOU MUST BE 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO MAKE A PURCHASE ON OUR SITE. IF YOU ARE UNDER 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT MAKE A PURCHASE ON OUR SITE.

(D) UNITED STATES ONLY. THE TABOZFRAGRANCES.COM WEBSITE MAY BE USED TO ORDER A SELECTION OF OUR PRODUCTS DIRECTLY ONLINE VIA INTERNET FROM THE UNITED STATES ONLY AND FOR DELIVERY ONLY IN THE UNITED STATES (EXCLUDING PUERTO RICO, GUAM AND ALL OTHER U.S. POSSESSIONS AND TERRITORIES SITUATED OUTSIDE NORTH AMERICA).

(E) PRICES.

THE PRICING FOR ALL OUR PRODUCTS ON THE TABOZFRAGRANCES.COM WEBSITE ARE IN UNITED STATES DOLLARS AND EXCLUDE TAXES AND SHIPPING COSTS (SEE “SHIPPING AND DELIVERY”).

WE RESERVE THE RIGHT TO MODIFY THE PRICES OF PRODUCTS OFFERED ON THE TABOZFRAGRANCES.COM AT ANY TIME WITHOUT PRIOR NOTICE.

YOU WILL BE CHARGED THE PRICE DISPLAYED ON THE TABOZFRAGRANCES.COM WEBSITE AT THE TIME YOUR ORDER WAS CONFIRMED PROVIDED THE GOODS ORDERED WERE AVAILABLE AT THIS TIME, HOWEVER, WE RESERVE THE RIGHT NOT TO ACCEPT OR TO CANCEL YOUR ORDER IN OUR SOLE DISCRETION FOR ANY REASON WITHOUT LIABILITY, INCLUDING IF THE PRODUCTS ARE NOT AVAILABLE, ARE INCORRECTLY PRICED OR ARE OTHERWISE INCORRECTLY DESCRIBED.

DISPLAY PRICE AND FINAL CHECK OUT PRICE MAY VARY ACCORDING TO WHERE YOU DECIDE TO SHIP YOUR CART. DESTINATION CHOICE WILL IMPACT SHIPPING ORIGIN TO ACCOMMODATE FOR SHIPPING REGULATIONS OF ALCOHOL BASED GOODS SUCH AS PERFUMES AND TO MINIMIZE SHIPPING COSTS. IT WILL ALSO IMPACT SALES TAX CALCULATIONS, WHICH MIGHT BE WAIVED IN SOME INSTANCES.

WE CHARGE AND COLLECT STATE, LOCAL, AND COUNTY TAXES FOR ONLINE TRANSACTIONS BASED ON SHIPPING ADDRESS AND AS REQUIRED BY APPLICABLE LAWS AND LEGISLATION. AN ESTIMATE OF THESE TAXES WILL BE PROVIDED DURING THE ORDERING PROCESS AND THE ACTUAL SALES TAX (IF ANY) WILL BE CALCULATED WHEN YOUR ORDER IS SHIPPED AND MAY VARY FROM THE ESTIMATED TAX. IF WE ARE NOT REQUIRED TO COLLECT TAXES, IT IS YOUR RESPONSIBILITY TO DETERMINE AND PAY ANY USE TAXES OR SIMILAR TAXES.

(F) PAYMENT. PAYMENT IS DUE UPON ORDERING. NO ORDER CAN BE DISPATCHED WITHOUT CONFIRMATION THAT YOUR PAYMENT HAS BEEN RECEIVED. ONLINE PAYMENT IS ACCEPTED BY CHARGE CARD AND CREDIT CARD (VISA, MASTERCARD, AMERICAN EXPRESS, DINERS, DISCOVER, AND JCB), AND OTHER PAYMENT METHODS LISTED AT THE MOMENT OF CHECKOUT (INCLUDING BUT NOT LIMITED TO PAY PAL, APPLE PAY, AMAZON PAY OR OTHER THIRD PARTY PAYMENT PROVIDERS). WE RESERVE THE RIGHT TO ADD OR ELIMINATE PAYMENT METHODS IN THE WEBSITE WITHOUT PRIOR NOTICE. ORDERS ARE PAYABLE IN USD (NORTH AMERICA) AND NO EXCEPTION WILL BE MADE. GIFT CARDS/CERTIFICATES ISSUED BY US ARE ACCEPTED FOR PAYMENT FOR ITEMS OFFERED ON THE TABOZFRAGRANCES.COM WEBSITE.

IF ANY OF THE PRODUCTS IN YOUR ORDER ARE UNAVAILABLE WE WILL ONLY CHARGE YOU THE PRICES, TAXES, AND SHIPPING COSTS FOR THE GOODS AVAILABLE. TABOZFRAGRANCES.COM IS PCI DSS (PAYMENT CARD INDUSTRY DATA SECURITY STANDARD) COMPLIANCE MEETING ALL 6 CATEGORIES OF THE STANDARD: MAINTAIN A SECURE NETWORK, PROTECT CARDHOLDER DATA, MAINTAIN A VULNERABILITY MANAGEMENT PROGRAM, IMPLEMENT STRONG ACCESS CONTROL MEASURES, REGULARLY MONITOR AND TEST NETWORKS AND MAINTAIN AN INFORMATION SECURITY POLICY.

(G) TITLE. ALL PRODUCTS ORDERED THROUGH THE TABOZFRAGRANCES.COM WEBSITE REMAIN THE PROPERTY OF THE COMPANY UNTIL FULL PAYMENT IS TENDERED TO US.

(H) SHIPPING AND DELIVERY

(a) AVAILABLE STOCK. WE UNDERTAKES TO ACCEPT AND DELIVER ORDERS WITHIN THE LIMIT OF AVAILABLE STOCKS. IN CASE ITEMS ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE AFTER ORDER IT, WE WILL SEND YOU AN E-MAIL SO THAT YOU ARE INFORMED. YOU WILL THEN HAVE THE OPTION OF MODIFYING OR CANCELING YOUR ORDER. IN CASE OF A CANCELLATION BECAUSE OF THE TEMPORARY OR PERMANENT NON-AVAILABILITY OF ITEMS, WE UNDERTAKE TO GIVE YOU A FULL REFUND AS QUICKLY AS POSSIBLE. IN CONFIRMING YOUR ORDER, YOU ARE ACCEPTING ALL OF OUR TERMS AND CONDITIONS.

(b) LOST SHIPMENTS. WE TAKE NO RESPONSIBILITY FOR LOST SHIPMENTS ALTHOUGH WE WILL DO OUR BEST TO TRACK THEM DOWN.

(c) RESTRICTIONS. PRODUCTS PURCHASED THROUGH THE TABOZFRAGRANCES.COM WEBSITE MAY ONLY BE DELIVERED WITHIN THE UNITED STATES (EXCLUDING PUERTO RICO, GUAM AND ALL OTHER U.S POSSESSIONS AND TERRITORIES SITUATED OUTSIDE NORTH AMERICA). WE WILL NOT PROCESS ANY ORDER FOR WHICH A POST OFFICE BOX OR APO/FPO ADDRESS, OR A HOTEL OR MOTEL ADDRESS IS PROVIDED. ANY SUCH DELIVERY ADDRESS WILL BE REFUSED DURING THE ORDERING PROCEDURE. GOODS WILL BE SHIPPED TO THE ACCEPTED DELIVERY ADDRESS SPECIFIED DURING ORDERING PROCEDURE. PLEASE MAKE SURE TO PROVIDE ALL THE DETAILS NEEDED INCLUDING APARTMENT/SUITE/BUILDING NUMBER, AND THE COMPANY NAME IF NEEDED. NOT ALL PRODUCTS CAN BE SHIPPED TO ALL LOCATIONS IF STATE OR OTHER REGULATIONS PROHIBIT SHIPPING OF PRODUCTS TO THE ADDRESS YOU SPECIFY. CUSTOMER SERVICE WILL CONTACT YOU. ORDERS PLACED ON FRIDAY, SATURDAY AND SUNDAY WILL BE PROCESSED ON MONDAY. DELIVERY TIMES WILL VARY ACCORDING TO THE DESTINATION AND TYPE OF DELIVERY. WE CANNOT BE HELD RESPONSIBLE FOR ANY DELAYS IN DELIVERY. DELAYED DELIVERY WILL NOT GIVE RISE TO ANY PENALTY NOR INDEMNITY, AND CANNOT BE USED AS REASON FOR CANCELLING THE ORDER. IN CASE OF DELIVERIES THAT CANNOT BE DELIVERED BECAUSE OF ABSENT CLIENTS, PRODUCTS WILL BE SHIPPED AGAIN AT THE CLIENT’S EXPENSE. FOR SPECIFIC DELIVERY LEAD TIMES, PLEASE CONTACT US WITH YOUR REQUEST BEFORE PLACING YOUR ORDER. A SIGNATURE OF AN ADULT AGED 18 OR OLDER MAY BE REQUIRED FOR DELIVERY.

PLEASE NOTE THAT ALL OUR PACKAGES ARE SHIPPED VIA UPS GROUND. SAMPLES ORDERS ARE SHIPPED VIA USPS FIRST CLASS.

(d) SHIPPING COSTS

WE WILL INFORM YOU OF THE SHIPPING COSTS IN THE ORDER SUMMARY DISPLAYED ON THE TABOZFRAGRANCES.COM WEBSITE BEFORE YOU CONFIRM YOUR ORDER. THIS AMOUNT WILL BE PAYABLE BY YOU IN ADDITION TO THE PRICE, INCLUDING TAXES, OF THE GOODS ORDERED. WE RESERVE THE RIGHT TO DIVIDE YOUR ORDER INTO PARTIAL SHIPMENTS. IN THIS CASE, YOUR METHOD OF PAYMENT WILL BE DEBITED FROM THE GOODS SHIPPED AND FOR A SINGLE SHIPMENT.

CURRENT SHIPPING COSTS: COMPLIMENTARY

(e) CURRENT EXPECTED DELIVERY TIME.

UPS GROUND: USUALLY BETWEEN THREE AND SEVEN BUSINESS DAYS (MAY TAKE LONGER FOR ALASKA AND HAWAII)
USPS First Class: Up to 8-10 BUSINESS DAYS (MAY TAKE LONGER FOR ALASKA AND HAWAII; NO TRACKING NUMBER IS AVAILABLE ONCE AN ORDER HAS BEEN PLACED)

SHIPPING OPTIONS CANNOT BE MODIFIED.

(f) INCORRECT DELIVERY. YOU MUST CHECK THAT YOU SHIPMENT IS CORRECT ON DELIVERY. IF THERE ARE ANY DISCREPANCIES IN YOUR ORDER, FOR EXAMPLE DAMAGED OR WRONG GOODS, WHEN YOU RECEIVE YOUR ORDER, YOU SHOULD NOTE THE NATURE OF THE PROBLEM BY HAND, IF POSSIBLE, ON THE DELIVERY NOTICE, AND SIGN. YOU MUST CONTACT US AS SOON AS POSSIBLE BUT NO LATER THAN TEN (10) DAYS AFTER RECEIVING THE DELIVERY.

(g) RETURNS AND EXCHANGES. ALL CREATIONS ARE FINAL SALE. BECAUSE ALL OUR CREATIONS ARE HAND-PREPARED TO ORDER, WE DO NOT ACCEPT RETURNS NOR EXCHANGES. HOWEVER, THE ITEM WILL BE REPLACED AT OUR COST (INCLUDING SHIPPING) SHOULD THERE BE QUALITY PROBLEMS SUCH AS PUMP MALFUNCTION, ETC.

(h) RISKS AND WARRANTY. THE TRANSFER OF RISKS ATTACHED TO THE ITEMS SOLD BY US SHALL TAKE PLACE UPON HANDING-OVER TO THE CARRIER. IF THE ITEMS SENT DO NOT CONFORM TO YOUR ORDER, OR SHOULD THEY BE DEFECTIVE, THEY WILL BE REPLACED AND IN THIS CASE, THE RETURN COSTS ARE PAYABLE BY US.

(i) FRAUD PREVENTION. ALL ORDERS MARKED AS AT RISK FOR FRAUD WILL BE VERIFIED BY CALLING AND EMAILING THE CLIENT. PLEASE BE SURE TO PROVIDE US WITH THE RIGHT EMAIL ADDRESS AND PHONE NUMBER TO AVOID ANY DELAYS IN THE ORDER PROCESS.

(j) MAXIMUM PURCHASE POLICY. WE MUST LIMIT ORDERS TO SIX (6) OF ANY SINGLE ITEM. ORDERS EXCEEDING THESE LIMITS ARE SUBJECT TO CANCELLATION. IF YOU HAVE ANY QUESTIONS, PLEASE REACH OUT TO US BY EMAIL AT INFO@TABOZFRAGRANCES.COM,AND WE WILL BE HAPPY TO ASSIST.

(k) CLIENT CARE. SHOULD YOU HAVE FURTHER QUESTIONS, PLEASE CONTACT OUR CUSTOMER SERVICE WHOSE MAIN JOB IS TO RESTORE YOUR FAITH IN HUMAN KIND BY GIVING YOU A WARM AND HELPFUL SUPPORT! YOU CAN REACH US BY E-MAIL AT INFO@TABOZFRAGRANCES.COM OR BY PHONE WITHIN THE UNITED STATES AT +1 (832) 301-5399 MONDAY THROUGH FRIDAY, 10AM THROUGH 2PM CT.

(5) ACCURACY OF INFORMATION

WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS ON THE SITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. WE THEREFORE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY AND WE RESERVE THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.

(6) LIMITED LICENSES

WE GRANT YOU A LIMITED, REVOCABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO ACCESS AND MAKE PERSONAL, NON-COMMERCIAL USE OF THE SITE. THIS LIMITED LICENSE DOES NOT INCLUDE THE RIGHT TO: (A) FRAME OR UTILIZE FRAMING TECHNIQUES TO ENCLOSE THE SITE OR ANY PORTION THEREOF; (B) REPUBLISH, REDISTRIBUTE, TRANSMIT, SELL, LICENSE OR DOWNLOAD THE SITE OR ANY AND/OR ALL CONTENT (EXCEPT CACHING OR AS NECESSARY TO VIEW THE SITE); (C) MAKE ANY USE OF THE SITE OR ANY AND/OR ALL CONTENT OTHER THAN PERSONAL USE; (D) MODIFY, REVERSE ENGINEER OR CREATE ANY DERIVATIVE WORKS BASED UPON EITHER THE SITE OR ANY AND/OR ALL CONTENT; (E) COLLECT ACCOUNT INFORMATION FOR THE BENEFIT OF YOURSELF OR ANOTHER PARTY; (F) USE ANY META TAGS OR ANY OTHER "HIDDEN TEXT" UTILIZING ANY AND/OR ALL CONTENT; OR (G) USE SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR TAKE ANY OTHER ACTION THAT MAY IMPOSE AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE. YOU MUST RETAIN, WITHOUT MODIFICATION, ALL PROPRIETARY NOTICES ON THE SITE OR AFFIXED TO OR CONTAINED IN THE SITE.

WE ALSO GRANT YOU A LIMITED, REVOCABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO CREATE A HYPERLINK TO THE HOME PAGE OF THE SITE FOR PERSONAL, NON-COMMERCIAL USE ONLY. A WEBSITE THAT LINKS TO THE SITE (I) MAY LINK TO, BUT NOT REPLICATE, ANY AND/OR ALL OF OUR CONTENT; (II) MAY NOT IMPLY THAT WE ARE ENDORSING SUCH WEBSITE OR ITS SERVICES OR PRODUCTS; (III) MAY NOT MISREPRESENT ITS RELATIONSHIP WITH US; (IV) MAY NOT CONTAIN CONTENT THAT COULD BE CONSTRUED AS DISTASTEFUL, OBSCENE, OFFENSIVE CONTROVERSIAL OR ILLEGAL OR INAPPROPRIATE FOR ANY AGES (AS DETERMINED IN OUR SOLE DISCRETION); (V) MAY NOT PORTRAY US OR OUR PRODUCTS OR SERVICES, IN A FALSE, MISLEADING, DEROGATORY, OR OTHERWISE OFFENSIVE OR OBJECTIONABLE MANNER, OR ASSOCIATE US WITH UNDESIRABLE PRODUCTS, SERVICES, OR OPINIONS; AND (VI) MAY NOT LINK TO ANY PAGE OF THE SITE OTHER THAN THE HOME PAGE. WE MAY, IN OUR SOLE DISCRETION, REQUEST THAT YOU REMOVE ANY LINK TO THE SITE, AND UPON RECEIPT OF SUCH REQUEST, YOU SHALL IMMEDIATELY REMOVE SUCH LINK AND CEASE ANY LINKING UNLESS SEPARATELY AND EXPRESSLY AUTHORIZED IN WRITING BY US TO RESUME LINKING.

ANY UNAUTHORIZED USE BY YOU OF THE SITE OR ANY AND/OR ALL OF OUR CONTENT AUTOMATICALLY TERMINATES THE LIMITED LICENSES SET FORTH IN THIS SECTION (5) WITHOUT PREJUDICE TO ANY OTHER REMEDY PROVIDED BY APPLICABLE LAW OR THESE TERMS AND CONDITIONS.

(7) YOUR OBLIGATIONS AND RESPONSIBILITIES

IN THE ACCESS OR USE OF THE SITE, YOU SHALL COMPLY WITH THESE TERMS AND CONDITIONS AND THE SPECIAL WARNINGS OR INSTRUCTIONS FOR ACCESS OR USE POSTED ON THE SITE. YOU SHALL ACT ALWAYS IN ACCORDANCE WITH THE LAW, CUSTOM AND IN GOOD FAITH. YOU MAY NOT MAKE ANY CHANGE OR ALTERATION TO THE SITE OR ANY CONTENT OR SERVICES THAT MAY APPEAR ON THIS SITE AND MAY NOT IMPAIR IN ANY WAY THE INTEGRITY OR OPERATION OF THE SITE. WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS, YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO THE COMPAMY, OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS.

(8) YOUR ACCOUNT

SUBJECT TO THE AGE RESTRICTIONS OUTLINED ABOVE, YOU MAY VIEW AND USE MANY FEATURES OF THE SITE WITHOUT REGISTERING, INCLUDING MAKING PURCHASES, BUT IN ORDER TO ACCESS AND USE SOME PARTS OF THE SITE, YOU MAY NEED TO REGISTER AN ACCOUNT WITH US. IF YOU DO REGISTER, YOU WILL HAVE AN EMAIL ADDRESS/USERNAME AND PASSWORD FOR YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT, USERNAME AND PASSWORD AND FOR RESTRICTING ACCESS TO YOUR COMPUTER. IF THERE HAS BEEN AN UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT, PLEASE NOTIFY US IMMEDIATELY. YOU ARE RESPONSIBLE FOR KEEPING SUCH INFORMATION CURRENT, COMPLETE, ACCURATE AND TRUTHFUL. YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR WITH YOUR PERMISSION OR AUTHORIZATION UNDER YOUR ACCOUNT, USERNAME AND/OR PASSWORD, OR BECAUSE YOU FAIL TO MAINTAIN SUFFICIENT SECURITY OVER YOUR ACCOUNT, USERNAME AND/OR PASSWORD. YOU AGREE TO PROVIDE ONLY CURRENT, COMPLETE, ACCURATE AND TRUTHFUL INFORMATION. IF YOU ARE ACCESSING AND USING THE SITE ON SOMEONE ELSE’S BEHALF, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON AS THE PRINCIPAL TO ALL TERMS AND CONDITIONS PROVIDED HEREIN, AND TO THE EXTENT YOU DO NOT HAVE SUCH AUTHORITY YOU AGREE TO BE BOUND TO THESE TERMS AND CONDITIONS AND TO ACCEPT LIABILITY FOR HARM CAUSED BY ANY WRONGFUL USE OF THE SITE OR CONTENT RESULTING FROM SUCH ACCESS OR USE.

WE RESERVE THE RIGHT TO REFUSE SERVICE AND/OR TERMINATE ACCOUNTS WITHOUT PRIOR NOTICE IF THESE TERMS AND CONDITIONS ARE VIOLATED OR IF WE DECIDE, IN OUR SOLE DISCRETION, THAT IT WOULD BE IN OUR BEST INTERESTS TO DO SO. YOU AGREE THAT ANY VIOLATION BY YOU OF ANY OF OUR TERMS WILL CONSTITUTE AN UNLAWFUL AND UNFAIR BUSINESS PRACTICE, AND WILL CAUSE IRREPARABLE HARM TO THE COMPANY, FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE, AND YOU CONSENT TO THE COMPANY OBTAINING ANY INJUNCTIVE OR EQUITABLE RELIEF THAT THE COMPANY DEEMS NECESSARY OR APPROPRIATE IN SUCH CIRCUMSTANCES WITHOUT THE POSTING OF ANY BOND. THESE REMEDIES ARE IN ADDITION TO ANY OTHER REMEDIES THE COMPANY MAY HAVE AT LAW OR IN EQUITY.

(9) THIRD PARTY LINKS

WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-WEBSITE PAGES OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE. LINKS APPEARING ON THE SITE ARE FOR CONVENIENCE ONLY AND ARE NOT AN ENDORSEMENT BY US, OUR PARENTS, SUBSIDIARIES, OUR AFFILIATES OR OUR PARTNERS OF THE REFERENCED CONTENT, PRODUCT, SERVICE, OR SUPPLIER. YOUR LINKING TO OR FROM ANY OFF-WEBSITE PAGES OR OTHER WEBSITES IS AT YOUR OWN RISK. WE ARE IN NO WAY RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, OFF-WEBSITE PAGES OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE, NOR DO WE ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, CONTENT, PRODUCTS, OR SERVICES OF SUCH PAGES AND WEBSITES, INCLUDING, WITHOUT LIMITATION, THEIR PRIVACY POLICIES AND TERMS AND CONDITIONS. YOU SHOULD CAREFULLY REVIEW THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ALL OFF-WEBSITE PAGES AND OTHER WEBSITES THAT YOU VISIT.

(10) SPECIAL FEATURES, FUNCTIONALITY AND EVENTS

THE SITE MAY OFFER CERTAIN SPECIAL FEATURES AND FUNCTIONALITY OR EVENTS (SUCH AS CONTESTS, SWEEPSTAKES OR OTHER OFFERINGS) WHICH MAY (A) BE SUBJECT TO TERMS OF USE, RULES AND/OR POLICIES IN ADDITION TO OR IN LIEU OF THESE TERMS AND CONDITIONS; AND (B) BE OFFERED BY US OR BY THIRD PARTIES. IF SO, WE WILL NOTIFY YOU OF THIS AND IF YOU CHOOSE TO TAKE ADVANTAGE OF THESE OFFERINGS, YOU AGREE THAT YOUR USE OF THOSE OFFERINGS WILL BE SUBJECT TO SUCH ADDITIONAL OR SEPARATE TERMS OF USE, RULES AND/OR POLICIES.

(11) SUBMISSIONS

IT IS OUR POLICY TO DECLINE UNSOLICITED SUGGESTIONS AND IDEAS. NOTWITHSTANDING OUR POLICY WITH REGARD TO UNSOLICITED SUGGESTIONS AND IDEAS, ANY INQUIRIES, FEEDBACK, SUGGESTIONS, IDEAS OR OTHER INFORMATION YOU PROVIDE US (COLLECTIVELY, "SUBMISSIONS") WILL BE TREATED AS NON-PROPRIETARY AND NON-CONFIDENTIAL. SUBJECT TO THE TERMS OF OUR PRIVACY POLICY, BY TRANSMITTING OR POSTING ANY SUBMISSION, YOU HEREBY GRANT US A WORLDWIDE, NON-EXCLUSIVE, UNRESTRICTED, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, ASSIGNABLE RIGHT AND LICENSE TO COPY, USE, REPRODUCE, MODIFY, ADAPT, TRANSLATE, PUBLISH, LICENSE, DISTRIBUTE, SELL OR ASSIGN THE SUBMISSION IN ANY WAY AS WE SEE FIT, INCLUDING BUT NOT LIMITED TO COPYING IN WHOLE OR IN PART, CREATING DERIVATIVE WORKS FROM, DISTRIBUTING AND DISPLAYING ANY SUBMISSION (IN WHOLE OR IN PART) IN ANY FORM, MEDIA, OR TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, ALONE OR AS PART OF OTHER WORKS, OR USING THE SUBMISSION WITHIN OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES AND YOU FURTHER WAIVE ANY “MORAL RIGHTS” THAT YOU MAY HAVE IN THE SUBMISSIONS. YOU ALSO ACKNOWLEDGE THAT YOUR SUBMISSION WILL NOT BE RETURNED AND WE MAY USE YOUR SUBMISSION, AND ANY IDEAS, CONCEPTS OR KNOW HOW CONTAINED THEREIN, WITHOUT PAYMENT OF MONEY OR ANY OTHER FORM OF CONSIDERATION, FOR ANY PURPOSE INCLUDING, WITHOUT LIMITATION, DEVELOPING, MANUFACTURING, DISTRIBUTING AND MARKETING PRODUCTS.

IF YOU MAKE A SUBMISSION, YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL THE RIGHTS TO YOUR SUBMISSION AND THAT YOU HAVE THE RIGHT TO GRANT THE FOREGOING RIGHTS TO DACOS FRAGRANCES. YOU FURTHER REPRESENT AND WARRANT THAT SUCH SUBMISSION DOES NOT CONSTITUTE OR CONTAIN SOFTWARE VIRUSES, COMMERCIAL SOLICITATION, CHAIN LETTERS, MASS MAILINGS, OR ANY FORM OF "SPAM." YOU MAY NOT USE A FALSE EMAIL ADDRESS, IMPERSONATE ANY PERSON OR ENTITY, OR OTHERWISE MISLEAD US AS TO THE ORIGIN OF ANY SUBMISSION. YOU AGREE TO INDEMNIFY US FOR ALL CLAIMS ARISING FROM OR IN CONNECTION WITH ANY CLAIMS TO ANY RIGHTS IN ANY SUBMISSION OR ANY DAMAGES ARISING FROM ANY SUBMISSION.

(12) USER CONTENT

WHEN YOU TRANSMIT, UPLOAD, POST, SHARE, DISTRIBUTE, E-MAIL OR OTHERWISE MAKE AVAILABLE DATA, TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, IMAGES, VIDEOS, MESSAGES OR OTHER MATERIALS ("USER CONTENT") ON THE SITE IN ANY MANNER, YOU ARE ENTIRELY RESPONSIBLE FOR SUCH USER CONTENT. SUCH USER CONTENT CONSTITUTES A SUBMISSION UNDER SECTION (10) ABOVE. THIS MEANS THAT ALL THIRD PARTIES, NOT THE COMPANY ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT THEY POST TO THE SITE. YOU AGREE NOT TO ENGAGE IN OR ASSIST OR ENCOURAGE OTHERS TO ENGAGE IN TRANSMITTING, UPLOADING, POSTING, E-MAILING OR OTHERWISE MAKING AVAILABLE ON THE SITE USER CONTENT THAT (A) IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, PORNOGRAPHIC, LIBELOUS, INVASIVE OF ANOTHER'S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE; (B) YOU DO NOT HAVE A RIGHT TO MAKE AVAILABLE UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS; (C) IS KNOWN BY YOU TO BE FALSE, INACCURATE OR MISLEADING; (D) YOU WERE COMPENSATED FOR OR GRANTED ANY CONSIDERATION BY ANY THIRD PARTY; OR (E) INFRINGES ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY OR PRIVACY RIGHTS OF ANY PARTY. IN ADDITION, YOU AGREE NOT TO TRANSMIT, UPLOAD, POST, E-MAIL, INSTALL, OR OTHERWISE MAKE AVAILABLE ANY COMPUTER PROGRAM OR DESTRUCTIVE SOFTWARE SUCH AS VIRUSES, UNSOLICITED OR UNAUTHORIZED ADVERTISING, SOLICITATION OR PROMOTIONAL MATERIAL, INCLUDING CHAIN LETTERS, MASS MAILINGS, OR ANY FORM OF "SPAM." YOU FURTHER AGREE NOT TO (I) IMPERSONATE ANY PERSON OR ENTITY, OR FALSELY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH ANY PERSON OR ENTITY; (II) "STALK" OR OTHERWISE HARASS INCLUDING ADVOCATING HARASSMENT OF ANOTHER, ENTRAP OR HARM ANY THIRD PARTY INCLUDING HARMING MINORS IN ANY WAY; (III) FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY USER CONTENT; (IV) INTENTIONALLY OR UNINTENTIONALLY VIOLATE ANY APPLICABLE LOCAL, STATE, PROVINCIAL, NATIONAL OR INTERNATIONAL LAW; (V) HARVEST, COLLECT, GATHER, ASSEMBLE OR STORE PERSONALLY IDENTIFIABLE DATA ABOUT OTHER USERS, INCLUDING E-MAIL ADDRESSES; OR (VI) ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE SITE, OTHER COMPUTER SYSTEMS OR NETWORKS CONNECTED TO THE SITE, THROUGH PASSWORD MINING OR ANY OTHER MEANS.

WE DO NOT ENDORSE OR CONTROL THE USER CONTENT TRANSMITTED OR POSTED ON THE SITE AND THEREFORE, WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF USER CONTENT. YOU UNDERSTAND THAT BY USING THE SITE, YOU MAY BE EXPOSED TO USER CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY USER CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF THE USE OF ANY USER CONTENT TRANSMITTED, UPLOADED, POSTED, E-MAILED OR OTHERWISE MADE AVAILABLE VIA THE SITE. YOU HEREBY WAIVE ALL RIGHTS TO ANY CLAIMS AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENTS OF ANY PROPRIETARY RIGHTS, RIGHTS OF PRIVACY AND PUBLICITY, MORAL RIGHTS, AND RIGHTS OF ATTRIBUTION IN CONNECTION WITH USER CONTENT.

YOU ACKNOWLEDGE THAT WE HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN OUR SOLE DISCRETION TO REFUSE TO POST OR REMOVE ANY USER CONTENT AND WE RESERVE THE RIGHT TO CHANGE, CONDENSE, OR DELETE ANY USER CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE HAVE THE RIGHT TO REMOVE ANY USER CONTENT THAT VIOLATES THESE TERMS AND CONDITIONS OR IS OTHERWISE OBJECTIONABLE AND WE RESERVE THE RIGHT TO REFUSE SERVICE AND/OR TERMINATE ACCOUNTS WITHOUT PRIOR NOTICE FOR ANY USERS WHO VIOLATE THESE TERMS AND CONDITIONS OR INFRINGE THE RIGHTS OF OTHERS.

IF YOU WISH TO DELETE CERTAIN OF YOUR PUBLIC USER CONTENT, SUCH AS YOUR RATINGS AND REVIEWS POSTING(S), ON THE SITE OR IN CONNECTION WITH OUR MOBILE APPLICATIONS, PLEASE CONTACT US BY EMAIL AT INFO@TABOZFRAGRANCES.COM AND INCLUDE THE FOLLOWING INFORMATION IN YOUR DELETION REQUEST: FIRST NAME, LAST NAME, USER NAME/SCREEN NAME (IF APPLICABLE), EMAIL ADDRESS ASSOCIATED WITH OUR WEBSITE AND/OR MOBILE APPLICATIONS, YOUR REASON FOR DELETING THE POSTING, AND DATE(S) OF POSTING(S) YOU WISH TO DELETE (IF YOU HAVE IT). WE MAY NOT BE ABLE TO PROCESS YOUR DELETION REQUEST IF YOU ARE UNABLE TO PROVIDE SUCH INFORMATION TO US. PLEASE ALLOW UP TO 30 BUSINESS DAYS TO PROCESS YOUR DELETION REQUEST.

(13) REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.

YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, WORMS, TROJAN HORSES, OTHER DESTRUCTIVE MATERIAL OR MALICIOUS CODE, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR UP TO DATE (g) EVENTS BEYOND OUR REASONABLE CONTROL (h) WEBSITE FREE OF DEFECT OR THAT ANY INACCURANCIES OR DEFECTS WILL BE CORRECTED; EVEN IF THE COMPANY HAS BEEN ADVICED OF THE POSSIBILITY TO DELIVER PRODUCTS OR OTHERWISE PERFORM ANY OBLIGATION AS SPECIFIED HEREUNDER IF THE SAME IS WHOLY OR PARTIALY CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

BY USING THE WEBSITE YOU AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COST ASSOCIATED WITH ALL NECESSARY SERVING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONECTION WTH THIS SITE, AND THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THE WEBSITE. YOU SOLE REMEDY AGAINST DACOS FRAGRANCES FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

(14) INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “INDEMNIFIED PARTIES”) HARMLESS FOR ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION, OR DEMAND ARISING FROM (I) YOUR USE OF THE SITES OR THE SITE CONTENT IN VIOLATION OF ANY LAW, RULE, REGULATION OR THESE TERMS AND CONDITIONS, OR (II) ANY PART OF YOUR USER CONTENT. YOU ALSO AGREE TO INDEMNIFY THE INDEMNIFIED PARTIES FOR ANY LOSS, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE.

(15) LAW AND DISPUTES

OUR TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARDS TO ITS PRINCIPLES OF CONFLICTS OF LAWS, AND SHALL GOVERN ALL MATTERS ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, THEIR VALIDITY, INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT. WITH RESPECT TO ANY DISPUTE, CLAIM, OR CONTROVERSY REGARDING THE SITE, ALL RIGHTS AND OBLIGATIONS AND ALL ACTIONS CONTEMPLATED BY THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF TEXAS, AS IF THE TERMS AND CONDITIONS WERE A CONTRACT WHOLLY ENTERED INTO AND WHOLLY PERFORMED WITHIN TEXAS. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN TEXAS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. IT IS FURTHER AGREED THAT ANY DISPUTE OVER THE SCOPE OF THIS ARBITRATION PROVISION AND ANY DISPUTE AS TO WHETHER A CLAIM IS ARBITRAL SHALL BE SUBMITTED TO THE ARBITRATOR FOR DECISION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OUR AFFILIATES, PARTNERS OR LICENSORS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES. ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED UNDER THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY RULES THEN PREVAILING WITH THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

THE STATES AND FEDERAL COURTS LOCATED IN THE CITY OF HOUSTON, TX, SHALL HAVE EXCLUSIVE JURISDICTION AND YOU HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE AND AGREE NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION, SUIT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. THE COMPANY SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT ITS RIGHT HEREUNDER WITHOUT THE NEED TO POST ANY BOND OR SURETY.

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY, AND (I) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS ACTION-BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

IF THE COMPANY TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS, THE COMPANY WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEY’S FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE COMPANY. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE WEBSITE.

(16) CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL

NOTICES TO YOU MAY BE MADE VIA E-MAIL OR REGULAR MAIL, OR IN CASES OF CHANGES TO THESE TERMS AND CONDITIONS OR TO THE SERVICES OFFERED BY THE SITE, BY POSTING NOTICES OR LINKS TO SUCH NOTICES ON THE SITE ITSELF. IF YOU HAVE ANY QUESTIONS OR COMMENTS REGARDING THESE TERMS AND CONDITIONS PLEASE CONTACT US AT [INFO@TABOZFRAGRANCES.COM].

PLEASE NOTE THAT THIS CONSENT TO RECEIVE NOTICES IS ENTIRELY SEPARATE FROM ANY ELECTION YOU MAY MAKE WITH RESPECT TO RECEIPT OF MARKETING COMMUNICATIONS. YOUR OPTIONS WITH RESPECT TO RECEIPT OF MARKETING COMMUNICATIONS ARE SET FORTH IN OUR PRIVACY POLICY.

(17) MISCELANEUS

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS AND ANY AND ALL OTHER LEGAL NOTICES OR STATEMENTS POSTED ON THE SITE CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN US CONCERNING YOUR USE OF THE SITE, AND SUPERSEDE AND GOVERN ALL PRIOR PROPOSALS, AGREEMENTS, OR OTHER COMMUNICATIONS.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE OR MODIFY ALL OR PART OF THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING THE CHANGES ON THE SITE AND PROVIDING NOTICE OF SUCH CHANGE. ANY CHANGES ARE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE AND RELEASE OF NOTICE OF SUCH CHANGE.YOUR CONTINUED USE OF THE SITE THEREAFTER CONSTITUTES YOUR AGREEMENT TO ALL SUCH CHANGED TERMS AND CONDITIONS. WE MAY, WITH OR WITHOUT PRIOR NOTICE, TERMINATE ANY OF THE RIGHTS GRANTED BY THESE TERMS AND CONDITIONS. YOU SHALL COMPLY IMMEDIATELY WITH ANY TERMINATION OR OTHER NOTICE, INCLUDING, AS APPLICABLE, BY CEASING ALL USE OF THE SITE. WE ALSO RESERVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE.

NOTHING CONTAINED IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AS CREATING ANY AGENCY, PARTNERSHIP, OR OTHER FORM OF JOINT ENTERPRISE BETWEEN US. OUR FAILURE TO REQUIRE YOUR PERFORMANCE OF ANY PROVISION HEREOF SHALL NOT AFFECT OUR FULL RIGHT TO REQUIRE SUCH PERFORMANCE AT ANY TIME THEREAFTER, NOR SHALL OUR WAIVER OF A BREACH OF ANY PROVISION HEREOF BE TAKEN OR HELD TO BE A WAIVER OF THE PROVISION ITSELF. IN THE EVENT THAT ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL BE UNENFORCEABLE OR INVALID UNDER ANY APPLICABLE LAW OR BE SO HELD BY ANY APPLICABLE ARBITRAL AWARD OR COURT DECISION, SUCH UNENFORCEABILITY OR INVALIDITY SHALL NOT RENDER THESE TERMS AND CONDITIONS UNENFORCEABLE OR INVALID AS A WHOLE BUT THESE TERMS AND CONDITIONS SHALL BE MODIFIED, TO THE EXTENT POSSIBLE, BY THE ADJUDICATING ENTITY TO MOST FULLY REFLECT THE ORIGINAL INTENT OF THE PARTIES AS REFLECTED IN THE ORIGINAL PROVISION.

IF ANY PROVISION OF THE TERMS IS DETERMINED TO BE INVALID, ILLEGAL OR ENFORCEABLE, THE REMAINING PROVISIONS OF SHALL REMAIN IN FULL FORCE TO THE EXTENT PERMITTED BY LAW.

NO FAILURE FORBEARANCE, NEGLECT OR DELAY OF ANY KIND OR TO ANY EXTENT ON THE PART OF THE COMPANY IN CONNECTION WITH THE ENFORCEMENT OR EXERCISE OF ANY RIGHTS UNDER THE TERMS SHALL AFFECT OR DIMINISH THE COMPANY ABILITY TO ENFORCE SUCH RIGHTS OR ANY OTHER RIGHTS UNDER THE TERMS.

REFERENCES TO ARTICLES, SECTIONS AND EXHIBITS ARE TO BE CONSTRUCTED AS REFERENCES TO THE ARTICLE OR SECTIONS OF THE RELEVANT PORTIONS OF THE TERMS, UNLESS OTHERWISE INDICATED, AND TERMS SUCH AS “HEREOF”, “HEREIN”, “HEREUNDER”, AND OTHER SIMILAR COMPOUNDS OF THE WORD “HERE” SHALL MEAN AND REFER TO THIS ENTIRE SET OF TERMS RATHER THAN ANY PARTICULAR PART OF THE SAME. THE PARAGRAPH HEADINGS AND CAPTIONS ARE INCLUDED MERELY FOR CONVENIENCE OF REFERENCE. THEY ARE NOT TO BE CONSIDERED PART OF, OR TO BE USED IN INTERPRETING, THE TERMS AND IN NO WAY LIMIT OR AFFECT ANY OF THE CONTENTS OF THE TERMS OR ITS PROVISIONS. WHENEVER USED, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED OR UNLESS THE CONTEXT OTHERWISE REQUIRES, ANY NOUN OR PRONOUN SHALL BE DEEMED TO INCLUDE THE PLURAL AS WELL AS THE SINGULAR AND TO COVER ALL GENDERS. THE WORDS “INCLUDES” AND “INCLUDING” WHEN USED HEREIN SHALL BE DEEMED TO BE FOLLOWED BY THE PHRASE “WITHOUT LIMITATION” UNLESS SUCH PHRASE OTHERWISE APPEARS. ANY REFERENCE TO PRODUCTS, GOODS, OR MERCHANDISE SHALL REFER TO THE ITEMS OFFERED FOR SALE ON THE WEBSITE.

IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS, PLEASE EMAIL US AT INFO@TABOZFRAGRANCES.COM.