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LAST UPDATED: OCTOBER 20, 2021


THE AVON COMPANY TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions of Use (the “Agreement”) carefully before
using this website. This Agreement applies to all AVON websites, including, but
not limited to, the following: AVON.COM. If you do not agree to the terms and
conditions of this Agreement, please do not use any of the AVON WEBSITES. The
Avon Company, a corporation formed under the laws of the State of Wyoming,
U.S.A. (referred to herein as “AVON,” “we,” “us” and “our”), reserves the right
to change this Agreement, in whole or in part, from time to time at our sole
discretion, and to provide you with notice of such change by any reasonable
means, including without limitation posting the revised version of this
Agreement on the AVON WEBSITES. You can determine when this Agreement was last
revised by referring to the “LAST UPDATED” legend at the top of this Agreement.
You should always check this Agreement prior to using the AVON WEBSITES.

For purposes of this Agreement, the following terms have the following meanings:

 * The “AVON Independent Sales Representative Contract” means AVON’s Independent
   Sales Representative Contract, collectively with the AVON Independent Sales
   Representative Terms and Conditions attached to or accompanying such
   contract.

 * A “AVON Independent Sales Representative” is an individual (a) who has
   agreed, pursuant to the terms of a AVON Independent Sales Representative
   Contract, to be a AVON independent sales representative, (b) who remains an
   active AVON independent sales representative in good standing, and (c) whose
   AVON Independent Sales Representative Contract or status as a AVON
   Independent Sales Representative has not been terminated.

If you are a AVON Independent Sales Representative, you acknowledge and agree
that your use of the AVON WEBSITES is subject not only to this Agreement, but
also to the terms and conditions contained in your AVON Independent Sales
Representative Contract and the Avon Privacy Statement.

 

1. Note Regarding AVON Independent Sales Representatives and AVON Independent
Sales Representatives’ Personalized Sites.

AVON Independent Sales Representatives are independent third party contractors
of AVON and are not otherwise affiliated with AVON. AVON is not responsible or
liable for the statements, acts or omissions of AVON Independent Sales
Representatives, whether through or in connection with the AVON WEBSITES,
“offline,” or otherwise. Without limiting the foregoing, although AVON enables
AVON Independent Sales Representatives to create personalized online sites that
contain AVON branding and content and that may share URLs with certain AVON
WEBSITES (for example, URLs such as “https://www.avon.com/repstore/[repname]”),
you acknowledge and agree that AVON has no control over, and is not responsible
or liable for, any text, images, or other information or materials posted by
AVON Independent Sales Representatives to such personalized online sites or any
customizations made by AVON Independent Sales Representatives to such
personalized online sites (such information, materials, and customizations, the
“AVON Independent Sales Representative Content”) or any materials communicated
by a AVON Independent Sales Representative to you. AVON has not taken any steps
to confirm the accuracy or reliability of any AVON Independent Sales
Representative Content or other materials communicated by a AVON Independent
Sales Representative to you, and makes no representations or warranties as to
the security of any communications between you and any AVON Independent Sales
Representatives undertaken using AVON Independent Sales Representative Content
(for example, email links posted by AVON Independent Sales Representatives).

 

2. Restricted Uses.

The AVON WEBSITES are owned and operated by AVON. The contents of the AVON
WEBSITES are copyrighted under United States copyright laws. Except as stated
herein, none of the material on the AVON WEBSITES may be copied, reproduced,
distributed, republished, uploaded, displayed, posted or transmitted in any way
whatsoever. Subject to your compliance with this Agreement, and solely for as
long as you are permitted by AVON to access and use the AVON WEBSITES, you may
download one (1) copy of any particular materials from the AVON WEBSITES for
your own personal, non-commercial use, provided that you agree to abide by any
copyright notice or other restrictions contained in or applicable to such
materials, including any author attribution, copyright or trademark notice or
restriction in any such material that you download. Modification of the
materials, or use of the materials for any other purpose, whether commercial or
noncommercial, is a violation of AVON’s copyright and other proprietary rights.

“AVON” and the other AVON trademarks, trade names, service marks and logos
appearing on the AVON WEBSITES are proprietary trademarks of AVON or its
Licensors. The use of any of our trademarks or any other content made available
through the AVON WEBSITES, except as expressly provided in this Agreement, is
strictly prohibited.

 

3. Information Submitted Through the AVON WEBSITES.

Your submission of information through the AVON WEBSITES is governed by AVON’s
Privacy Statement (the “Privacy Statement”), located
at https://www.avon.com/information/privacy-statement.html. This Agreement
incorporates by reference the terms and conditions of the Privacy Statement.

By submitting any information or material to the AVON WEBSITES, you represent,
warrant and agree that

 * any information or material that you provide in connection with your use of
   the AVON WEBSITES is true, accurate and complete, and that you will maintain
   and update such information as needed, such that the information remains
   true, accurate and complete;

 * you are at least thirteen (13) years old;

 * the use of the information or material that you supply does not violate this
   Agreement;

 * if you have provided contact information, AVON may contact you for your
   opinions, in connection with Transactions (as defined below) and for other
   matters related to the operations of AVON.

 

4. Registration, User Names, and Passwords.

You may be required to register with AVON in order to access certain areas of
the AVON WEBSITES, for example, to purchase AVON products or otherwise initiate
Transactions (as defined below). With respect to any such registration, we may
refuse to grant you, and you may not use, a user name or email address that
belongs to or is already being used by another person; that may be construed as
impersonating another person; that violates the intellectual property or other
rights of any person; that is offensive; or that we reject for any other reason
in our sole discretion. You are responsible for maintaining the confidentiality
of any password you may use to access the AVON WEBSITES, and you agree not to
transfer your password or user name, or lend or otherwise transfer your use of
or access to the AVON WEBSITES, to any third party. You are fully responsible
for all Transactions (including any information transmitted in connection with
any Transactions) and other interactions with the AVON WEBSITES that occur in
connection with your user name. You agree to immediately notify AVON of any
unauthorized use of your password or user name or any other breach of security
related to your account, your user name or the AVON WEBSITES, and to ensure that
you “log off” and exit from your account with the AVON WEBSITES (if applicable)
at the end of each session. We are not liable for any loss or damage arising
from your failure to comply with any of the foregoing obligations.

 

5. Rules of Conduct.

We expect users of the AVON WEBSITES to respect the law as well as the rights
and dignity of others. While using the AVON WEBSITES you agree to comply with
all applicable laws, rules and regulations. In addition, your use of the AVON
WEBSITES is conditioned on your compliance with the rules of conduct set forth
in this section, and failure to comply with these rules of conduct may result in
termination of your access to the AVON WEBSITES pursuant to Section 14 below.

You agree not to:

 * Post, transmit, or otherwise make available through or in connection with the
   AVON WEBSITES:
    
   
   * Any information or materials that are or may be, or the posting,
     transmission or use of which is or may be: (a) threatening, harassing,
     degrading, hateful or intimidating; (b) defamatory or libelous; (c)
     fraudulent or tortious; or (d) obscene, indecent, pornographic or otherwise
     objectionable;
   
   * Any information or material that infringes a third party’s copyright,
     patent, trademark, trade secret or other proprietary rights or right of
     publicity or privacy;
   
   * Any information or material that is known by you to be false, inaccurate or
     misleading;
   
   * Any information or material for which you were compensated or granted any
     consideration by any third party;
   
   * Any information or materials that includes references other websites,
     addresses, email addresses, contact information or phone numbers;
   
   * Any material that would give rise to criminal or civil liability; that
     encourages conduct that constitutes a violation of law; or that encourages
     or provides instructional information about illegal activities or
     activities such as “hacking,” “cracking,” or “phreaking”; any virus, worm,
     Trojan horse, Easter egg, time bomb, spyware, or other computer code, file,
     or program that is harmful or invasive or that may or is intended to
     damage, hijack, disable, interfere with, or disrupt the operation of, or
     monitor the use of, any hardware, software or equipment.
   
   * Any unsolicited or unauthorized advertisements, promotional material, “junk
     mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity,
     or any other form of solicitation that is not expressly approved by AVON in
     advance.
   
   * Any personally identifiable information of another individual, without the
     prior consent of such individual. Any material, non-public information
     about a company, without the proper authorization to do so.
   
   

 * Use the AVON WEBSITES for any fraudulent or unlawful purpose including, but
   not limited to, any purpose resulting in violations of laws, regulations and
   orders governing export control, consumer protection, unfair competition,
   anti-discrimination or false advertising;

 * Use the AVON WEBSITES to defame, abuse, harass, stalk, threaten or otherwise
   violate the legal rights of others, including without limitation others’
   privacy rights or rights of publicity, or to harvest or collect information
   about users of the AVON WEBSITES.

 * Impersonate any person or entity, including without limitation any
   representative of AVON; falsely state or otherwise misrepresent your
   affiliation with any person or entity in connection with the AVON WEBSITES;
   or express or imply that we endorse any statement you make.

 * Interfere with or disrupt the operation of the AVON WEBSITES or the servers
   or networks used to make the AVON WEBSITES available; or violate any
   requirements, procedures, policies or regulations of such networks.

 * Restrict or inhibit any other person from using the AVON WEBSITES (including
   without limitation by hacking or defacing any portion of the AVON WEBSITES).

 * Use the AVON WEBSITES to advertise or offer to sell or buy any goods or
   services for any business purpose, without AVON’s express prior written
   consent.

 * Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for
   any commercial purposes, any portion of, use of, or access to, the AVON
   WEBSITES.

 * Modify, adapt, translate, reverse engineer, decompile or disassemble any
   portion of the AVON WEBSITES.

 * Remove any copyright, trademark or other proprietary rights notice from the
   AVON WEBSITES or materials originating from the AVON WEBSITES.

 * Frame or mirror any part of the AVON WEBSITES.

 * Create a database by downloading and storing AVON WEBSITES content.

 * Use any robot, spider, site search/retrieval application or other manual or
   automatic device to retrieve, index, “scrape,” “data mine” or in any way
   gather AVON WEBSITES content or reproduce or circumvent the navigational
   structure or presentation of the AVON WEBSITES without AVON ‘s express prior
   written consent.

Additionally, you acknowledge and agree that you (and not AVON) are responsible
for obtaining and maintaining all telecommunications, broadband, and computer
hardware, equipment, and services needed to access and use the AVON WEBSITES,
and for paying all charges related thereto.

 

6. Ratings, Forums and Submissions.

AVON may offer features through the AVON WEBSITES that enable you to post
information and materials publicly, for example, product ratings and reviews,
bulletin boards, chat areas, and similar forums (collectively referred to herein
as “Ratings and Forums”). All of the rules of conduct described in Section 5
above apply to the Ratings and Forums. Additionally, without AVON’s express
prior written consent, you may not use the Ratings and Forums for any commercial
purposes, including the promotion or advertisement of any goods, services or
opportunities, and you may not use the Forums to solicit other AVON WEBSITE
visitors or users to visit or become members of, subscribe to or register with
any commercial online service or other organization.

When you submit or make available any information or materials through the
Ratings and Forums or otherwise through any AVON WEBSITE (“Submissions”), you
acknowledge and agree that those Submissions will be non-proprietary and
non-confidential, may be made available to the general public, and may be used
by AVON without restriction. You grant to AVON the worldwide, perpetual,
royalty-free, irrevocable, nonexclusive right and license, sublicensable through
multiple tiers, without compensation to you, to use, reproduce, distribute
(through multiple tiers), adapt (including without limitation edit, modify,
translate and reformat), create derivative works of, transmit, publicly display,
publicly perform, digitally perform, make, have made, sell, offer for sale and
import all Submissions, in any media now known or hereafter developed, for any
purpose whatsoever, commercial or otherwise. You represent and warrant that you
have all rights necessary for you to grant the licenses granted in this section
with respect to each Submission, and that your provision of Submissions through
the Ratings and Forums or otherwise through the AVON WEBSITES complies with all
applicable laws, rules and regulations. You further irrevocably waive any “moral
rights” or other rights with respect to attribution of authorship or integrity
of materials regarding any Submission that you may have under any applicable law
or under any legal theory. This section will survive termination of this
Agreement for any reason.

We reserve the right, at our sole discretion, to edit any Submission and to
choose to include or not include such Submission in the Ratings and Forums or
otherwise in the AVON WEBSITES. The Ratings and Forums include the opinions,
statements and other content of third parties, including AVON Independent Sales
Representatives. We are not responsible for screening, monitoring or verifying
such content, including such content’s accuracy, reliability or compliance with
copyright or other laws. Any opinions, statements or other materials made
available by third parties (including AVON Independent Sales Representatives)
through the Ratings and Forums or otherwise through the AVON WEBSITES are those
of such third parties and not of AVON, and AVON does not endorse any such
opinions, statements or materials. We may remove objectionable statements or
other content from the AVON WEBSITES at any time if we deem removal to be
warranted. Please understand that removal or editing of any Submission or other
materials may not occur immediately.

You acknowledge and agree that AVON has no control over, and shall have no
liability for any damages resulting from, the use (including without limitation
re-publication) or misuse by any third party of information voluntarily made
public through the Ratings and Forums or any other part of the AVON WEBSITES. IF
YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER
INFORMATION PUBLICLY AVAILABLE THROUGH THE RATINGS AND FORUMS OR OTHERWISE
THROUGH THE AVON WEBSITES, YOU DO SO AT YOUR OWN RISK.

 

7. Sweepstakes, Contests, and Similar Promotions.

Any sweepstakes, contest, or similar promotion made available through any AVON
WEBSITE may be governed by specific rules that are separate from this Agreement.
By participating in any such sweepstakes, contest, or promotion, AVON will ask
you to agree to become subject to those rules, which may vary from the terms and
conditions set forth herein. AVON urges you to read the applicable rules which
will be linked from the particular activity, and to review the Privacy
Statement, which, in addition to this Agreement, will govern any information you
submit in connection with such activities.

 

8. Intended Audience.

AVON controls and operates the AVON WEBSITES from its offices located in the
State of New York, U.S.A., and the AVON WEBSITES are not intended to subject
AVON to the laws or jurisdiction of any state, country or territory other than
those of the United States. Unless otherwise specified, materials made available
through the AVON WEBSITES are presented solely for the purpose of providing
services and promoting products available in the United States. AVON makes no
representation or warranty that any AVON WEBSITE, in whole or in part, or any
products, services, or materials made available through the AVON WEBSITES, are
appropriate or available for use in other locations. Those who choose to access
the AVON WEBSITES from other locations do so on their own initiative and at
their own risk and are responsible for compliance with local laws, rules and
regulations, if and to the extent local laws, rules or regulations are
applicable.

 

9. Links to or From Other Sites.

Except as otherwise expressly stated by AVON on a AVON WEBSITE, AVON is not
affiliated or associated with operators of any third party websites that link to
or are linked from the AVON WEBSITES. AVON expressly disclaims any
responsibility for the accuracy, content, or availability of information found
on third party websites that link to or are linked from the AVON WEBSITES. We
cannot ensure your satisfaction with any products or services that are available
through any third party site that links to or is linked from the AVON WEBSITES
because these third party sites are owned and operated by independent entities.
We do not endorse any of the products or services, nor have we taken any steps
to confirm the accuracy or reliability of any of the information, made available
through any third party sites. We make no representations or warranties as to
the security of any information (including without limitation credit card and
other personal information) that you may provide or be requested to provide to
any third party, whether through such a third party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT,
INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR
AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO
THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

AVON shall have the right, at any time and at its sole discretion, to block
links to the AVON WEBSITES through technological or other means without prior
notice.

 

10. Disclaimer of Warranties.

THE AVON WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AVON
MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS
OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE AVON WEBSITES. ANY
RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. AVON MAKES NO
REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF
ANY AVON INDEPENDENT SALES REPRESENTATIVES; (B) THAT THE AVON WEBSITES WILL BE
AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE AVON WEBSITES WILL BE
UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE
CORRECTED; OR (D) THAT THE AVON WEBSITES OR THE SERVERS OR NETWORKS THROUGH
WHICH THE AVON WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

While we try to maintain the integrity and security of the AVON WEBSITES and the
servers from which the AVON WEBSITES are operated, the AVON WEBSITES may include
inaccuracies, errors and materials that violate or conflict with this Agreement.
Additionally, third parties may make unauthorized alterations to the AVON
WEBSITES. If you become aware of any unauthorized third party alteration to the
AVON WEBSITES, contact us at avon_privacy@avonusa.com with a description of the
material(s) at issue and the URL or location on the applicable AVON WEBSITE
where such material(s) appear.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY
PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH
PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS,
FRAUD, OR GROSS NEGLIGENCE.

 

11. Limitation of Liability.

IN NO EVENT SHALL AVON , ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR
RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE
FOREGOING ENTITIES, COLLECTIVELY, THE “AVON ENTITIES”) BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS
AGREEMENT, (B) THE AVON WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE AVON
WEBSITES, OR (D) THE ACTS OR OMISSIONS OF AVON INDEPENDENT SALES
REPRESENTATIVES, IN EACH EVENT, EVEN IF AVON OR SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AVON IS NOT RESPONSIBLE FOR ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA
OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. AVON IS
NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR
ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY
AVON INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF
ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL AVON
‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE
AVON WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE AVON WEBSITES EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE AVON WEBSITES.

NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN DO NOT
EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES
ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL
MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

 

12. Indemnification.

You will indemnify and hold the AVON Entities harmless from and against any and
all claims, actions, demands, causes of action and other proceedings arising
from or related to any of the following (the “Claims”): (a) your misuse of,
inability to use, or activities in connection with the AVON WEBSITES; (b) any
violation of this Agreement or any other AVON terms, conditions or policies by
you or through any account you may have with any AVON WEBSITE; (c) any
Transaction; (d) any allegation that any Submission or other materials that you
make available through the AVON WEBSITES infringe or otherwise violate the
intellectual property, privacy, or other rights of any third party; or (e) your
violation of any rights of any AVON WEBSITE visitor, user, or customer, or any
other third party; and you agree to reimburse the AVON Entities on demand for
any damages, losses, costs, judgments, fees, fines and other expenses they incur
(including attorneys’ fees and court costs) as a result of any Claim(s). This
provision does not require you to indemnify any of the AVON Entities for any
unconscionable commercial practice by such party or for such party’s fraud,
deception, false promise, misrepresentation or concealment, suppression or
omission of any material fact in connection with any AVON WEBSITE or any content
provided hereunder.

 

13. Termination and Enforcement.

This Agreement is effective until terminated by AVON. You agree that AVON, at
its sole discretion, may terminate your access to or use of the AVON WEBSITES,
at any time and for any reason, including without limitation if AVON believes
that you have violated or acted inconsistently with the letter or spirit of this
Agreement (including but not limited to your failure to comply with the rules of
conduct set forth in Section 5 above). Upon any such termination, your right to
use the AVON WEBSITES will immediately cease. You agree that any termination of
your access to or use of the AVON WEBSITES may be effected without prior notice
and that AVON may immediately deactivate or delete any user name and/or password
used by or provided to you, and all related information and files associated
therewith, and/or bar any further access to such information or files. You agree
that AVON shall not be liable to you or any third party for any termination of
your access to the AVON WEBSITES or to any such information or files, and shall
not be required to make such information or files available to you after any
such termination. AVON reserves the right to takes steps that AVON believes are
necessary or appropriate to enforce and/or verify compliance with this Agreement
(including without limitation in connection with any legal process relating to
your use of the AVON WEBSITES and/or a third party claim that your use of the
AVON WEBSITES is unlawful or violates such third party’s rights).

 

14. Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith that
materials available on a AVON WEBSITE infringe your copyright, you (or your
agent) may send AVON a notice requesting that AVON remove the materials or block
access to them. If you believe in good faith that someone has wrongly filed a
notice of copyright infringement against you, the DMCA permits you to send AVON
a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for
details. Notices and counter-notices should be sent to The Avon Company Attn:
Office of the General Counsel, One Liberty Plaza, 165 Broadway, NY, NY 10006. We
suggest that you consult your legal advisor before filing a notice or
counter-notice. Also, please be aware that there are penalties for false claims
under the DMCA.

 

15. Filtering.

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that
parental control protections (such as computer hardware, software or filtering
services) are commercially available that may assist you in limiting access to
material that is harmful to minors. Information identifying current providers of
such protections is available on the following
site: https://www.techradar.com/news/the-best-free-parental-control-software.
Note that AVON does not endorse, support or approve any of the products or
services listed at such site.

 

16. Information or Complaints.

Under California Civil Code Section 1789.3, California users are entitled to the
following consumer rights notice:

If you have a question or complaint regarding the AVON WEBSITES, please send an
email to avon_privacy@ avonusa.com. You may also contact us by writing to The
Avon Company Attn: Office of the General Counsel, One Liberty Plaza, 165
Broadway, NY, NY 10006, or by calling us at: Customers: 1-800-500-AVON and
Representatives: 1-866-513-AVON. California residents may reach the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento,
CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

 

17. Agreement To Arbitrate Disputes And Choice Of Law.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR
YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A
CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and AVON agree to resolve any claims relating to
this Agreement through final and binding arbitration, except that, to the extent
you have in any manner violated or threatened to violate AVON’s intellectual
property rights (for example, trademark, trade secret, copyright, or patent
rights). Under such circumstances we may bring a lawsuit solely for injunctive
relief to stop unauthorized use or abuse of the AVON WEBSITE, or intellectual
property infringement (for example, trademark, trade secret, copyright, or
patent rights) without first engaging in arbitration or the informal
dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and
seeks to resolve disputes more quickly. Instead of a judge or a jury, the case
will be decided by a neutral arbitrator who has the power to award the same
damages and relief that a court can. If any provision of this arbitration
agreement is found unenforceable, the unenforceable provision shall be severed,
and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation
and enforcement of this dispute resolution provision. Arbitration shall be
initiated through JAMS. Any dispute, controversy, or claim arising out of or
relating to these Terms shall be referred to and finally determined by
arbitration in accordance with the JAMS Streamlined Arbitration Rules and
Procedures in front of one arbitrator. If there is a conflict between JAMS Rules
and the rules set forth in this Agreement, the rules set forth in this Agreement
will govern. The JAMS Rules and instructions for how to initiate an arbitration
are available from JAMS at https://www.jamsadr.com or 1-800-352- 5267. To
initiate arbitration, you or AVON must do the following things:

 1. Write a demand for Arbitration. The demand must include a description of the
    Claim and the amount of damages sought to be recovered. You can find a copy
    of a Demand for Arbitration at www.jamsadr.com.

 2. Send three copies of the Demand for Arbitration, plus the appropriate filing
    fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite
    1500, San Francisco, CA 94111

 3. Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by
the JAMS Rules. If travelling to California is a burden, you may participate in
the arbitration by phone or via document submission to the fullest extent
allowable by the arbitrator. Each party will bear their own costs of arbitration
unless the arbitrator directs that bearing such costs would be an undue burden
and in that case, we will pay for your portion of the arbitration administrative
costs (but not your attorneys’ fees). Arbitration under this agreement shall be
held in the United States in the Central District of California under California
law without regard to its conflict of laws provisions. The arbitration may award
on an individual basis the same damages and relief as a court (including
injunctive relief). Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities,
if any, of you and AVON, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The
arbitrator shall have the authority to award monetary damages and to grant any
non-monetary remedy or relief available to an individual under applicable law,
the Arbitration Rules, and this Agreement. The arbitrator shall issue a written
award and statement of decision describing the essential findings and
conclusions on which the award is based, including the calculation of any
damages awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and AVON.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis,
and may not bring a claim as a plaintiff or a class member in a class,
consolidated, or representative action. Class arbitrations, class actions,
private attorney general actions, and consolidation with other arbitrations are
not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,
instead electing that all claims and disputes shall be resolved by arbitration.
Arbitration procedures are typically more limited, more efficient and less
costly than rules applicable in court and are subject to very limited review by
a court. In the event any litigation should arise between you and AVON in any
state or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND AVON WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that
the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED
THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO
ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate
by emailing AVON at avon_arbitration@avonusa.com and providing the requested
information as follows: (1)Your Name; (2) the URL of Terms of Use; (3) Your
Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out
of this arbitration provision in the Terms of Use. The Opt-Out Notice must be
emailed no later than 30 days after the date you first accept the Terms of Use
by using the website.

Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the
parties to litigate in court, this Agreement shall be governed by and construed
in accordance with the laws of the State of New York, excluding its conflict of
law rules. You further expressly consent and agree to submit to the exclusive
jurisdiction and venue of a court of competent jurisdiction located in New York
County, New York.

 

18. Miscellaneous.

 * If any provision of this Agreement shall be deemed to be unlawful, void or
   for any reason unenforceable, then that provision shall be deemed severable
   from these terms and shall not affect the validity and enforceability of any
   remaining provisions. This Agreement does not, and shall not be construed to,
   create any partnership, joint venture, employer-employee, agency or
   franchisor-franchisee relationship between you and AVON. You may not assign,
   transfer or sublicense any or all of your rights or obligations under this
   Agreement without our express prior written consent. No waiver by either
   party of any breach or default hereunder will be deemed to be a waiver of any
   preceding or subsequent breach or default. Any heading, caption or section
   title contained herein is inserted only as a matter of convenience, and in no
   way defines or explains any section or provision hereof. This Agreement,
   together with all agreements and statements referred to herein and
   incorporated herein by reference, is the entire agreement between you and
   AVON relating to the subject matter hereof and, except as otherwise provided
   herein, supersedes any and all prior or contemporaneous written or oral
   agreements or understandings between you and AVON relating to such subject
   matter. Notices to you may be made by posting a notice (or a link to a
   notice) to any AVON WEBSITE, by email, or by regular mail, at AVON’s
   discretion. Without limitation, you agree that a printed version of this
   Agreement and of any notice given in electronic form shall be admissible in
   judicial or administrative proceedings based upon or relating to this
   Agreement to the same extent and subject to the same conditions as other
   business documents and records originally generated and maintained in printed
   form.

 * Licensed Under U.S. Patent No. 6,594,641, which is owned by Reshare Commerce
   LLC. AVON makes no representation as to the scope of coverage of this patent
   and its relationship to AVON’s services.

 * The sections on Indemnity, Limitation of Liability and Disclaimer of
   Warranties do not apply to New Jersey residents.

 

19. Privacy Statement.

Read our Privacy Statement here.

 

This Agreement ©2022 The Avon Company. All rights reserved.

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Accessibility StatementCompliance status

We firmly believe that the internet should be available and accessible to anyone
and are committed to providing a website that is accessible to the broadest
possible audience, regardless of ability.

To fulfill this, we aim to adhere as strictly as possible to the World Wide Web
Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA
level. These guidelines explain how to make web content accessible to people
with a wide array of disabilities. Complying with those guidelines helps us
ensure that the website is accessible to blind people, people with motor
impairments, visual impairment, cognitive disabilities, and more.

This website utilizes various technologies that are meant to make it as
accessible as possible at all times. We utilize an accessibility interface that
allows persons with specific disabilities to adjust the website’s UI (user
interface) and design it to their personal needs.

Additionally, the website utilizes an AI-based application that runs in the
background and optimizes its accessibility level constantly. This application
remediates the website’s HTML, adapts its functionality and behavior for
screen-readers used by blind users, and for keyboard functions used by
individuals with motor impairments.

If you wish to contact the website’s owner please use the website's form

Screen-reader and keyboard navigation

Our website implements the ARIA attributes (Accessible Rich Internet
Applications) technique, alongside various behavioral changes, to ensure blind
users visiting with screen-readers can read, comprehend, and enjoy the website’s
functions. As soon as a user with a screen-reader enters your site, they
immediately receive a prompt to enter the Screen-Reader Profile so they can
browse and operate your site effectively. Here’s how our website covers some of
the most important screen-reader requirements:

 1. Screen-reader optimization: we run a process that learns the website’s
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    (optical character recognition) technology. To turn on screen-reader
    adjustments at any time, users need only to press the Alt+1 keyboard
    combination. Screen-reader users also get automatic announcements to turn
    the Screen-reader mode on as soon as they enter the website.
    
    These adjustments are compatible with popular screen readers such as JAWS,
    NVDA, VoiceOver, and TalkBack.
    
    
 2. Keyboard navigation optimization: The background process also adjusts the
    website’s HTML and adds various behaviors using JavaScript code to make the
    website operable by the keyboard. This includes the ability to navigate the
    website using the Tab and Shift+Tab keys, operate dropdowns with the arrow
    keys, close them with Esc, trigger buttons and links using the Enter key,
    navigate between radio and checkbox elements using the arrow keys, and fill
    them in with the Spacebar or Enter key.
    
    Additionally, keyboard users will find content-skip menus available at any
    time by clicking Alt+2, or as the first element of the site while navigating
    with the keyboard. The background process also handles triggered popups by
    moving the keyboard focus towards them as soon as they appear, not allowing
    the focus to drift outside.
    
    Users can also use shortcuts such as “M” (menus), “H” (headings), “F”
    (forms), “B” (buttons), and “G” (graphics) to jump to specific elements.

Disability profiles supported on our website
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   use the website by eliminating the risk of seizures resulting from flashing
   or blinking animations and risky color combinations.
 * Vision Impaired Profile: this profile adjusts the website so that it is
   accessible to the majority of visual impairments such as Degrading Eyesight,
   Tunnel Vision, Cataract, Glaucoma, and others.
 * Cognitive Disability Profile: this profile provides various assistive
   features to help users with cognitive disabilities such as Autism, Dyslexia,
   CVA, and others, to focus on the essential elements more easily.
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   noise to help people with ADHD, and Neurodevelopmental disorders browse,
   read, and focus on the essential elements more easily.
 * Blind Users Profile (Screen-readers): this profile adjusts the website to be
   compatible with screen-readers such as JAWS, NVDA, VoiceOver, and TalkBack. A
   screen-reader is installed on the blind user’s computer, and this site is
   compatible with it.
 * Keyboard Navigation Profile (Motor-Impaired): this profile enables
   motor-impaired persons to operate the website using the keyboard Tab,
   Shift+Tab, and the Enter keys. Users can also use shortcuts such as “M”
   (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to
   jump to specific elements.

Additional UI, design, and readability adjustments
 1. Font adjustments – users can increase and decrease its size, change its
    family (type), adjust the spacing, alignment, line height, and more.
 2. Color adjustments – users can select various color contrast profiles such as
    light, dark, inverted, and monochrome. Additionally, users can swap color
    schemes of titles, texts, and backgrounds with over seven different coloring
    options.
 3. Animations – epileptic users can stop all running animations with the click
    of a button. Animations controlled by the interface include videos, GIFs,
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We aim to support as many browsers and assistive technologies as possible, so
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(screen readers), both for Windows and MAC users.

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