Last Revision: : February 1, 2007
Welcome to SkinStore ("SkinStore"). It is very important that you read and understand all of the following terms and conditions before making a purchase. Your use of the www.skinstore.com website, which provides you with access to a variety of resources, including product information,
communication forums and educational materials (collectively the "Service") is subject to the Terms and Conditions of this Agreement. SkinStore reserves the right to amend at any time any policies governing this Web site, including these Terms and Conditions and SkinStore's Privacy Statement, by posting the amended terms on our Web site. You will be able to tell that a revision has been made to these Terms and Conditions by the date of the last revision indicated at the top of the document. The amended terms shall be effective immediately after they are initially posted on this Web site. Your use of our Web site following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not accept the amended terms, you must cease using this Web site.
SkinStore does not permit or advise any minor to make a purchase on our Site. All purchases of our products should be performed by any individual 18 years of age or older.
Use of this Service is not meant to serve as a substitute for professional medical advice. SkinStore encourages you to discuss the use of any goods, products or information received from this site with your physician prior to using or relying on them. Your doctor should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. SkinStore does not give nor intend to give any answers to medical related questions. We do not represent ourselves as physicians nor is this implied. IF YOU ARE IN NEED OF MEDICAL ATTENTION CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
This site is solely an online store for specialty related products that provides additional educational information on issues of interest to our customers. Our intention is only to help you make a decision regarding a purchase but not to replace any medical professional or medical resource. No prescription medications or medical treatments are intentionally provided on this site.
All SkinStore purchases are for consumer use only. Products may NOT be resold. Dealer orders will NOT be accepted. SkinStore reserves the right to restrict dealer activity, accounts and to not process dealer orders.
Privacy Statement
SkinStore believes strongly in protecting user privacy. Please refer
to our Privacy Statement for information on how SkinStore uses and
collects information and protects your privacy.
Copyright
Unless otherwise indicated, all Web site materials, including, without
limitation all designs, text, graphics, other files, and the selection
and arrangement thereof, are the proprietary and copyrighted property
of SkinStore. You may electronically copy and print to hard copy
portions of the Site for the sole purpose of using materials it
contains for informational, non-commercial, personal use only. Any
other use of the materials in this Web site—including any
commercial use, reproduction for purposes other than described above,
modification, distribution, republication, display, or performance—without
the prior written permission of SkinStore is strictly prohibited.
Trademarks
SkinStore and any product or service names, slogans, page headers,
custom graphics, button icons, and scripts contained in the Service
are either trademarks or registered trademarks of SkinStore or its
licensors. Such trademarks may not be copied, imitated or used,
in whole or in part, without the prior written permission of SkinStore.
All other trademarks, registered trademarks, product names and company
names or logos mentioned herein are the property of their respective
owners and may not be used without prior written permission.
Repeat Infringer Policy
SkinStore respects the intellectual property of others, and we ask
our users to do the same. SkinStore may, in appropriate circumstances
and at its own discretion, limit access to this Web site and/or
terminate the accounts of any users who infringe the intellectual
property rights of others.
Claims of Copyright Infringement; Designated Agent
If you believe that any material on this Web site infringes upon
any copyright which you own or control, or that any link on this
Web site directs users to another Web site that contains material
that infringes upon any copyright which you own or control, you
may file a notification of such infringement with our Designated
Agent. Written notification must be submitted to either ombuds@skinstore.com
or to the following:
SkinStore.com
Attn: Merchandising Dept.
11344 Coloma Road, Suite 725
Gold River, CA 95670
To be effective, the notice must include the following:
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed ("Complaining
Party");
2. Identification of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit
the service provider ("Service Provider") to locate the
material;
4. Information reasonably sufficient to permit the Service Provider to contact
the Complaining Party, such as an address, telephone number, and
if available, an electronic mail address at which the complaining
party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under
penalty of perjury, that the Complaining Party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
Limited License
SkinStore grants you a limited license to make personal use only
of the Web site and its Services. Such license is subject to these
Terms and Conditions and does not include: (a) any resale or commercial
use of the Web site or content therein; (b) the collection and use
of any product listings or descriptions; (c) making derivative uses
of the Web site and its contents; (d) use of any data mining, robots
or similar data gathering or extraction methods; or (e) downloading
(other than the page caching) of any portion of any of the Web site
or any information contained on the Site, except as expressly permitted
on the Web site. Except as noted above, you are not conveyed any
right or license by implication, estoppel or otherwise in under
any patent, trademark, or proprietary right of SkinStore or any
third party.
User Responsibilities
You agree to (1) provide certain current, complete and accurate
information about yourself as prompted to do so by the Service;
and (2) maintain and update this information as required to keep
it current and complete. SkinStore shall have the right to use your
information in accordance with the terms of the SkinStore Privacy
Statement. Providing inaccurate or false data may result in the termination
of your User Account and your right to use the Service. You acknowledge
that you are solely responsible for your use of the Service including
but not limited to all information, data, text, messages, instructions,
or other materials of any kind ("Content") that you post,
upload, through the Service. You agree not to post, upload, email,
transmit, distribute or otherwise publish on or through the Service
any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, harassing, abusive, threatening, harmful, negligent,
invasive of privacy or publicity rights, abusive, inflammatory
or fraudulent, misleading or that impersonates any person or entity
or otherwise misrepresents your status or affiliation with a person
or entity;
- Content that would constitute, encourage or provide instructions for a
criminal offense, violate the rights of any party, or that would
otherwise create liability or violate any local, state, national,
or international law;
- Content that may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party. By posting
any Content, you represent and warrant that you have the lawful
right to distribute and reproduce such Content;
- Private information of any third party, including without limitation addresses,
phone numbers, email addresses, Social Security numbers and credit
card numbers, without the express permission of such party and
in full compliance with all applicable laws and SkinStore policies
applicable to such information;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Unsolicited promotions, advertising or solicitations for funds, goods or services,
including junk mail, chain letters and spam; and
- Content that, in the sole judgment of SkinStore, is objectionable or which
restricts or inhibits any other person from using or enjoying
the Service, or which exposes SkinStore or its employees, site
partners contributors, or other Users to any harm or liability
of any type. Prohibited use of this Service may result in, among
other things, the termination of your User Account and your rights
to use the Service.
All of the products purchased on the Service should be used in accordance with
the manufacturer's instructions, precautions and guidelines. If
any minor uses any goods or product from SkinStore it should be
only after the legal or parental guardian has discussed this product
with the minor's doctor.
User Account, Username, Password and Security
You agree that SkinStore is not responsible for maintaining the
confidentiality of your Username, Password and Account (with the
exception of those assurances provided in the SkinStore Privacy
Statement) and that you are responsible for all activities that occur
with respect to your User Account including maintaining the confidentiality
of your Username, Password and Account information. You agree to
defend, indemnify and hold harmless SkinStore from any liability
or expense arising from your misuse of the User Account. You agree
to immediately notify SkinStore of any unauthorized use of the User
Account or any other breach of security known to you.
Monitoring of Service by SkinStore
SkinStore reserves the right, in its sole discretion, to monitor
and review any activity, messages, uploaded files, chats, forums
or other Content associated with the Service and reserves the right
to authorize restrictions on access thereto. You acknowledge that
SkinStore has no obligation to screen or monitor any of the messages,
postings or other Content posted on or using the Service, that SkinStore
does not exercise editorial control over any such Content and that
SkinStore shall have no responsibility or liability of any kind
in connection with such Content or for any mistakes, omissions,
defamation, slander, libel, falsehoods, obscenity, pornography or
profanity you may make or encounter while using the Service. SkinStore
may, but is not obligated to, do any of the following:
- Remove,
screen, edit, filter or refuse to post any Content that it determines,
in its sole discretion, may be harmful or offensive to others,
may violate the rights of others or that are otherwise inappropriate
or objectionable for any reason;
- Investigate
any reported violation of its policies or complaints and take
any appropriate action that it deems appropriate;
- Access,
preserve and disclose any information it considers necessary or
appropriate in order to cooperate with legitimate governmental
requests, subpoenas or court orders, to protect SkinStore's systems
and customers, or to ensure the integrity and operation of SkinStore's
business and systems, including, without limitation, user profile
information (i.e. name, e-mail address, etc.), IP addressing and
traffic information, usage history, and posted Content.
- Terminate, restrict or suspend your access to the Service or to any Interactive
Areas for any reason.
Third Party Sites and Content
SkinStore may provide links to Web pages and content of third parties
("Third Party Content") as a service to those interested
in this information. SkinStore does not monitor, approve, or have
any control over any Third Party Content or third party Web sites.
SkinStore does not endorse or adopt any Third Party Content and
can make no guarantee as to its accuracy or completeness. SkinStore
does not represent or warrant the accuracy of any information contained
therein, and undertakes no responsibility to update or review any
Third Party Content. You agree that your use of these links and
Third Party Content contained therein is at your own risk
SkinStore reserves the right to change any and all content including product prices
contained on the Site at any time without notice. Reference to any
products, services, processes, or other information, by trade name,
trademark, manufacturer, supplier, or otherwise does not constitute
or imply endorsement, sponsorship or recommendation thereof by SkinStore.
Disclaimer of Warranties
THE WEB SITE AND THE MATERIALS IN THE WEB SITE ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. SKINSTORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SKINSTORE
DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEB SITE ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SKINSTORE
DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS SERVER IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL SKINSTORE, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OF THE WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH,
THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY
OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM
SKINSTORE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO SKINSTORE'S RECORDS, PROGRAMS,
OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SKINSTORE
(WHETHER IN CONTRACT, WARRANTY TORT—INCLUDING NEGLIGENCE,
WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE
OF THE WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SKINSTORE
FOR USE OF THE SERVICE.
Indemnification
You agree to defend, indemnify and hold harmless SkinStore, and its directors, employees, agents, independent contractors, service providers and consultants from and against any third party
claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Web site and any discussion forums or interactive
areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against SkinStore and/or its independent contractors, service providers, or consultants,
arising out of or relating to your use of the Web site, any information or materials you submit, your violation of these Terms and Conditions, or your violation of the rights of any third
party.
General Questions and Comments
General questions or comments about the Web site and the SkinStore
Service may be directed to SkinStore's Customer Service by-e-mail
at customerService@SkinStore.com
by phone at 888.586.SKIN (7546) or 916.475.1464, or
by postal mail at 11344 Coloma Road Suite 725, Gold River, CA 95670
Applicable Law
These Web site Terms and Conditions shall be governed by and construed
in accordance with the laws of the State of California, without
resort to its conflict of law provisions. You agree that any action
at law or in equity arising out of or relating to these Web site
Terms and Conditions or your use of the Web site shall be filed
only in the state and federal courts located in Sacramento County,
California and you hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction of such courts over any
suit, action or proceeding arising out of or relating to these Web
site Terms and Conditions or your use of the Site.
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