Conditions of Use

Drain Scoop Sales & Marketing, Inc., (DSSM) maintains this World Wide Web Site with its home page in the domain "drainscoop.com" and "icescoop.com" (the "Website"). DSSM offers access at no charge to any person who uses or accesses this Website ("You") with the express condition that You agree to be bound by the Terms and Conditions set forth in this Terms and Conditions of Use Agreement ("Agreement").
By using or accessing this Website, You agree to be bound by this Agreement, even if You have not read it in its entirety or any portion thereof.

LEGAL COMPLIANCE. You agree and warrant that You shall only access and use this Website in accordance with all applicable laws, statutes, ordinances, and/or regulations (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising) of any and all governing jurisdictions, including jurisdictions other than the United States.

INTELLECTUAL PROPERTY. The intellectual property rights (including, without limitation, patents, copyrights, trademarks, and service marks) and all of the content displayed on this Website belong to DSSM or its third party licensors. You may not copy, reproduce, alter, modify, create derivative works from, publicly display, post on any other website, modify, distribute or transmit any content of the Website without DSSM’s express prior written consent. You shall not remove or alter any notice, legend or designation of copyright, trademark, patent or other intellectual property rights contained on the Website or in its content.

Any information You provide on this Website:

(a) shall not be fraudulent or involve the sale of counterfeit or illegally obtained items;

(b) shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy;

(c) shall not violate, or cause DSSM to violate, any law, statute, ordinance, or regulation of any governing jurisdiction (including, without limitation, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);

(d) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;

(e) shall not contain pornography, offensive material or any material that would be harmful to minors;

(f) shall not relate to any raffle, survey, contest, pyramid scheme or chain letter; and

(h) shall not link (directly or indirectly) to websites or other content to which You do not have a right to link.

PRIVACY STATEMENT. DSSM will use personally identifiable information in accordance with DSSM’s then-current Privacy Statement , which Statement is incorporated herein by reference.

SALES. All sales are final. DSSM does not accept sales refunds. No exceptions.

EXTERNAL LINKS. This Website may contain hyperlinks to external locations on the Internet (for example, other websites) controlled by third parties. ("Other Sites"). These links are provided solely as a convenience to You and in no way imply or indicate any sponsorship or endorsement by DSSM nor any affiliation between DSSM and the Other Sites. You agree that: (1) DSSM is not responsible for the availability of these Other Sites, or for any content contained therein; (2) You access Other Sites at Your own risk and (3) DSSM shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any Other Site. Any concerns regarding any Other Site should be directed to its representative web site administrator, system operator, or web master.

NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES PROVIDED TO YOU HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE AND SERVICES RESIDES WITH YOU. ALL OTHER CONDITIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

LIMITATION OF LIABILITY. YOU AGREE THAT YOU WILL HOLD HARMLESS DSSM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND AFFILIATES FROM ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THIS WEBSITE OR OTHER WEBSITES TO WHICH IT IS LINKED. UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL DSSM, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT CONTRACTORS, OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, LICENSORS, DIRECTORS, OFFICERS, MEMBERS AND OTHER OWNERS, (COLLECTIVELY, "DSSM PARTIES"), BE LIABLE TO ANY PARTY, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECT IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL ANY DSSM PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, USE OF, OR INABILITY TO USE, THIS SITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY, EVEN IF ANY DSSM PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION. You agree to indemnify and hold harmless, and at DSSM’s request, defend DSSM from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) DSSM may incur ("Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) Your access to, conduct on, or use of this web site; or (ii) Your violation or breach of either this Agreement, any law, or the rights of any third party.

MODIFICATION. DSSM may amend this Agreement, in whole or in part, at any time and in DSSM’s sole discretion without giving prior notice to You, by posting the amended terms on the Website. The new terms shall automatically be effective 15 days after they are initially posted on this Website.

NOTICES. Any notices to DSSM shall be sent by certified mail, postage prepaid and return receipt requested, to: The Breast Cancer Research Foundation, 60 East 56th Street, 8th floor, New York, NY 10022, and by email to DSSM@estee.com, except as expressly stated otherwise.

MISCELLANEOUS. You acknowledge that the Website is based in the U.S.A., and that all legal actions between You and DSSM that are related to this Agreement: (a) shall be governed by the statutes and laws of the State of New Jersey, without regard to the conflicts of law principles thereof, and (b) shall be instituted in a state or federal court in Jersey City, New Jersey. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between DSSM and You with respect to the subject matter hereof.