TERMS OF USE

Updated: September 24, 2008

Welcome to the TerriMichele Fragrances website located at www.terrimichelefragrances.com ("Site"). These Terms of Use set forth an agreement between you and TerriMichele, LLC, dba TerriMichele Fragrances ("TerriMichele Fragrances") governing your use of the Site and its features. By accessing the Site, you signify your irrevocable acceptance of these Terms of Use.

We may modify or update these Terms of Use at any time without notice. Any additional or different terms in these Terms of Use shall be effective upon being posted on the Site. Your continued use of the Site or any of its features following the posting of any additional or different terms in these Terms of Use constitutes your irrevocable acceptance of those additional or different terms. Proprietary Rights

You acknowledge and agree that TerriMichele Fragrances and its licensors exclusively own all information, content and materials ("Materials") displayed on or provided through the Site (including, without limitation, text, photographs, images, graphics and trademarks) and all intellectual property and proprietary rights in the Materials. Except as expressly provided in these Terms of Use, you may not (i) remove any trademarks, copyright notices or any other notice contained in any Materials displayed on or provided through the Site, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, transfer, license, sell, rent, lease, adapt, create derivative works of, link to, publicly display or perform, or in any way exploit any Materials displayed on or provided through the Site, (iii) frame or utilize framing techniques to enclose any Materials displayed or provided through the Site or create a link to the Site accessing such Materials, or (iv) use any circumvention tools or any metatags or other hidden text utilizing TerriMichele Fragrances' name, trademark or URL.

Account Registration

You may be directed to register with the Site and create an account. By submitting your information through the Site, you grant TerriMichele Fragrances a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with its operation of the Site and performance of services that you request. As part of the registration process, you will be asked to submit your name, email address and other similar information, as well as to choose a user name and password. You agree that all information you provide for purposes of creating an account will be true, accurate, current and complete. You shall (i) promptly update your registration information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your password, and (iii) properly exit from your account at the end of each session.

You agree to immediately notify TerriMichele Fragrances of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. TerriMichele Fragrances is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Privacy

All information about you including your registration information and any information that you submit through the Site or the use of its features is subject to the Site's Privacy Policy.

Your Use of the Site

You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Site and its features. We may immediately terminate your account or your access to your account, in our sole discretion and without notice or liability to you, at any time for conduct that we believe is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Use or any other policies or guidelines posted on the Site, or (iii) harmful to other users, third parties, or our business. Use of an account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, we may terminate your account if you file a claim against TerriMichele Fragrances or a claim which in any way involves TerriMichele Fragrances. Upon termination of your account for any of the forgoing reasons, (a) we will have no obligation to notify any third parties regarding such termination and (b) you will be responsible for any damages that may result or arise out of termination of your account.

Links to Other Websites

The Site may contain links to other Internet websites. Such links are provided as a convenience and providing such links does not constitute or imply any affiliation, endorsement or sponsorship by TerriMichele Fragrances of such websites or any content contained therein. You acknowledge and agree that TerriMichelle Fragrances is not responsible or liable in any way for any content, advertising, services or goods on or made available from such third party websites.

Warranty Disclaimers

THE SITE AND THE SITE'S FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TERRI MICHELE FRAGRANCES DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TerriMichelle Fragrances makes no representation or warranty that (i) the Site or the Site's features will meet your expectations or requirements, (ii) the Site or the Site's features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Site's features will be accurate, timely, complete or reliable, (iv) any errors or defects in the Site or the Site's features will be corrected, or (v) the Site, the Site's features and/or the server that makes the Site and the Site's features available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Site and the Site's features may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. TerriMichele Fragrances is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Site's features.

You acknowledge that the entire risk arising out of the use or performance of the Site or any of the Site's features remains with you to the maximum extent permitted by law.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR ANY OF ITS FEATURES IS TO DISCONTINUE USE OF THE SITE.

Limitation of Liability

IN NO EVENT SHALL TERRIMICHELE FRAGRANCES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE SITE OR ANY OF THE SITE'S CONTENT, MATERIALS, FEATURES OR FUNCTIONS INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR INFORMATION, EVEN IF TERRI MICHELE FRAGRANCES OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF TERRIMICHELE FRAGRANCES TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.

Indemnity

You agree to defend, indemnify and hold TerriMichele Fragrances and its directors, officers, employees and agents harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or relating to (i) your use or misuse of the Site or any of its features, (ii) your breach or alleged breach of these Terms of Use or (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or any of its features.

Miscellaneous

These Terms of Use constitute the entire agreement between you and TerriMichele Fragrances with respect to your access and use of the Site and its features and supersede all prior and contemporaneous agreements between you and TerriMichele Fragrances. If any of the provisions of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. TerriMichele Fragrances' failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of California, and applicable federal law, without regard to any conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or any of its features or these Terms of Use, that you and TerriMichele Fragrances will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you would otherwise be entitled to them.

If you have any questions about these Terms of Use or your rights or TerriMichele Fragrances' obligations relating to the Site, please email us at info@terrimichelefragrances.com.

If you are unable to resolve a complaint you may have regarding the Site, you may contact the Complaint Resistance Unit of the Department of Consumer Affairs in writing at:

1625 North Market Boulevard, Suite North 112
Sacramento, CA 95834

Or by telephone at (800) 952-5210.