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Terms of Use
Last updated: August, 2009
IMPORTANT: PLEASE READ CAREFULLY BEFORE PROCEEDING.
If you have comments or questions about this web site, please
send an email to service@aidanceskincare.com.
Acceptance of Terms:
Aidance Skincare ("Company") thanks you for visiting Aidance
Skincare ("this website"), which contains information, products
("Products") and services ("Services") relating to the Femmesil
Products, subject to the terms and conditions set forth below
(these "Terms of Use"). By accessing or using this website you
agree to be bound by these Terms of Use. Company reserves the
right to change these Terms of Use from time to time at its sole
discretion. Your use of this Femmesil Website will be subject to
the most current version of these Terms of Use posted on this
website at the time of such use. In addition, the purchase of
Products and Services through this website may be subject to
further terms and conditions in addition to these Terms of Use.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU ARE
NOT AUTHORIZED TO USE this website AND MUST EXIT AT ONCE. IF YOU
BREACH THESE TERMS OF USE, YOUR AUTHORIZATION TO USE this
website WILL AUTOMATICALLY TERMINATE.
General:
All information contained on this website, including information
relating to skin conditions, products and treatments, is for
informational purposes only. This information is not meant to be
a substitute for the advice provided by your own physician or
other medical professionals, or any information contained on or
in any product packaging or labels.
You represent and warrant that you are at least 18 years of age
or the age required or allowed under applicable law for making a
legal and binding contract.
YOU SHOULD NOT USE THE INFORMATION CONTAINED ON this website FOR
DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU
SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE
MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND
LABELS BEFORE USING ANY PRODUCT PURCHASED ON this website. YOU
SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN, OR OTHER QUALIFIED
HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED
WITHIN THIS, OR ANY OTHER, WEBSITE.
PLEASE BE ADVISED THAT Femmesil IS CONSIDERED A COSMETIC PRODUCT
AND THEREFORE HAS NOT BEEN EVALUATED BY THE US FOOD AND DRUG
ADMINISTRATION.
Limited to the United States:
The information on this Femmesil Web site pertaining to Company'
products is intended for use only by customers, patients, and
health care professionals in the United States. Other countries
may have laws, regulatory requirements, and medical practices
that differ from those in the United States and may require
references to different or additional information. Because of
these various laws, regulations, and medical practices,
information designed to be used in one country may not be
appropriate for use outside that country. Therefore, product
information on this Web site may not be appropriate for
residents of countries other than the United States.
Trademarks:
Femmesil® and other marks, logos, trade dress and the like
indicated on or used on this website are owned by or licensed to
Company. Company' trademarks and trade dress may not be used in
connection with any product or service that is not Company', in
any manner that is likely to cause confusion among customers or
in any manner that disparages or discredits Company. You may not
use any Company logo or other proprietary graphic or trademark
contained on this website without the express written permission
of Company.
Site Content:
You acknowledge and agree that this website contains
information, data, software, photographs, graphics, videos,
text, images, typefaces, sounds, and other material
(collectively "Content") that is protected by copyright,
trademark, or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies
existing now or hereinafter developed. The Content and its
selection, arrangement, and coordination is protected as a
copyrightable work under U.S. copyright laws. Except as
expressly permitted in these Terms of Use, you may not modify,
remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in
any way exploit any of the Content, in whole or in part.
License and Access to Femmesil Website:
Company grants you a limited license to access and make personal
use of this website. You may not download (other than for page
caching) or modify this website, or any portion of it, except
with the express written consent of Company. This limited
license specifically excludes the following: (a) any resale or
commercial use of this website or its Content; (b) any
collection and use of any product listings, descriptions, or
prices; (c) any derivative use of this website or the Content;
(d) any downloading or copying of account information for the
benefit of another merchant; or (e) any use of data mining,
robots, or similar data gathering and extraction tools. this
website, or any portion thereof, may not be reproduced,
duplicated, copied, sold, resold, or otherwise exploited for any
commercial purpose without the express written consent of
Company. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or forms) of Company and
our affiliates without the express written consent of Company.
You may not use any meta tags or any other "hidden text"
utilizing Company' name or trademarks without the express
written consent of Company. Any unauthorized use of this website
will result in immediate termination of this limited license
granted by Company. You are granted a limited, revocable,
temporary, and nonexclusive right to create a hyperlink to the
home page of this website so long as the link does not portray
Company, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive manner.
If no specific restrictions are displayed, you may make copies
of select portions of the Content, provided that the copies are
made only for your personal, informational, and non-commercial
use, and that you do not alter or modify the Content in any way,
and maintain any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or
as permitted by the fair use privilege under the U.S. copyright
laws (see e.g. 17 U.S.C. Section 107), you may not upload, post,
reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other proprietary
right.
Products Descriptions:
Company attempts to maintain the descriptions for all Products,
skin conditions and Services as current and accurate as
possible. Company does not warrant, however, that such
descriptions or other content of this website are or will be
accurate, complete, current, reliable, or error-free.
Privacy Policy:
To the extent consistent with these Terms of Use, the terms and
conditions of Company' privacy policy are incorporated herein by
reference and can be viewed by clicking
here.
User Comments:
You may submit product Success Stories, comments, suggestions,
ideas, comments, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights,
or otherwise objectionable or injurious to third parties, and
does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass
mailings, or any other form of "spam." You may not use a false
e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of a card or other content.
Unless otherwise provided by Company, you grant Company and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, distribute, sell, create derivative works
from, and display throughout the world in any media any such
content submitted by you for any purpose whatsoever including
but not limited to developing, manufacturing, and marketing
products incorporating such information. You further grant
Company and its affiliates and sub-licensees the right to use
the name that you submit in connection with such content, if
they so choose. You represent and warrant that you own or
otherwise control all of the rights to the content that you
post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify Company or its
affiliates for all claims resulting from content you supply.
Company has the right but not the obligation to monitor and edit
or remove any activity or content. Company takes no
responsibility and assumes no liability for any content posted
by you or any third party.
Links to Third Party Websites:
this website may contain links to other websites, directories,
or services ("Linked Services"). These features are provided by
Company only as a convenience. The Linked Services are not
reviewed, controlled or examined by Company in any way and you
acknowledge and agree that Company has no control over and is
not responsible or liable for (i) the availability or accuracy
of the Linked Services; (ii) the content, advertising, or
products on or available from the Linked Services; or (iii) any
damage arising from or occasioned by the creation or use of the
Linked Services or the information or material accessed through
the Linked Services. The inclusion of any link on this website
does not imply and should not be inferred as an endorsement of
the Linked Services. You acknowledge that your use of the links
and the Linked Services shall be at your own risk.
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Warranties and Disclaimers:
THIS WEBSITE IS PROVIDED BY COMPANY ON AN "AS IS" AND "AS
AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Company
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF this website OR THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS INCLUDED OR AVAILABLE ON OR
THROUGH this website. YOU EXPRESSLY AGREE THAT YOUR USE OF this
website IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, COMPANY MAKES NO
WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR
OBTAINED THROUGH this website, THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF ANY SUCH PRODUCT OR SERVICES, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH this
website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Company OR THROUGH this website SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPANY MAKES NO
WARRANTY THAT this website WILL MEET YOUR REQUIREMENTS, THAT
this website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE, OR THAT this website IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Limitation of Liability:
COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE
USE OR THE INABILITY TO USE this website OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER
INTANGIBLES, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Exclusions and Limitations:
YOUR RIGHTS MAY VARY DEPENDING UPON THE JURISDICTION IN WHICH
YOU LIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
EXCLUSIONS IN THE ABOVE SECTIONS MAY NOT APPLY TO YOU. TO THE
EXTENT Company MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF LAW,
THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM
PERMISSIBLE UNDER APPLICABLE LAW.
Indemnification:
You agree to indemnify and hold Company and its parents,
subsidiaries, affiliates, officers, directors, employees,
agents, contractors and successors in interest harmless from any
and all claims, costs, damages, losses, liabilities, and
expenses (including attorneys' fees and costs) arising out of or
in connection with your unauthorized use of this website, or
your breach of these Terms of Use.
Entire Agreement/Amendments:
These Terms of Use constitutes the complete agreement between
you and Company concerning your use of this website and the
subject matter set forth herein, and supersedes all prior or
contemporaneous negotiations, agreements or representations
between you and Company in respect thereof. These Terms of Use
may be amended, modified or supplemented by Company at any time
by posting such changes to this website, and such changes shall
be effective from the time of such posting. No other act,
document, usage or custom shall be deemed to amend, modify or
supplement these Terms of Use.
Governing Law and Jurisdiction:
By using this website you agree that these Terms of Use and your
use of this website shall be governed by and construed in
accordance with the laws of the State of Massachusetts
applicable to contracts entered into and wholly performed
therein, without regard or reference to that body of law
pertaining to conflicts of laws. Any suits or controversies
between you and Company arising hereunder shall be adjudicated
before a court of competent jurisdiction located in or near
Boston, Massachusetts.
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Severability:
If the application of any provision hereof or any portion
thereof to either you or Company, shall be held by a court of
competent jurisdiction to be invalid, illegal or unenforceable,
then (i) such provision shall be reformed without further action
by either you or Company to the extent strictly necessary to
render such provision valid and enforceable when applied to you,
Company, or the particular facts or circumstances; and (ii) the
validity and enforceability of such provision as applied to the
other party or the particular facts or circumstances, and the
validity and enforceability of all of the other provisions
hereof, shall remain in full force and effect.
Waiver:
Neither you nor Company shall be deemed by any act, delay, or
omission to have waived any of your/its respective rights or
remedies hereunder unless such waiver is in writing and signed
by the waiving party, and only to the extent specifically set
forth in said writing. A waiver, failure or delay in exercising
any right, power or privilege, or any single or partial exercise
of any right, power or privilege, will not act to preclude any
subsequent or further exercise of that or any other right, power
or privilege.
Notices:
Any notice required or permitted to be given to Company under
these Terms of Use shall be given as follows: By electronic mail
to service@aidanceskincare.com. Company may give notice by
means of a general notice via this website, electronic e-mail to
your e-mail address on record in Company' account information,
if any, or by written communication sent by first class mail to
your address on record in Company' account information, if any.
A change of address by you shall only be effective if given in
accordance with the provisions of this Section.
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