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Welcome to Remedyskinandbody.com, the web site of Remedy Skin + Body (the “Site”). The products, services and information we make available to you on the Site are provided subject to the following terms and conditions (the “Terms and Conditions”). By accessing and using the Site, you are acknowledging that you have read, understand, accept without limitation or qualification and agree to be bound by, these Terms and Conditions.
2. PRODUCT DESCRIPTIONS We attempt to be as accurate as possible when describing products and services; however, we do not warrant that the descriptions or other content available on the Site is accurate, complete, reliable, current, or error-free. If information is not accurate your remedy is to have us revise the information.
3. INTELLECTUAL PROPERTY All content and technology available on or underlying the Site, such as text, graphics, logos, button icons, images, audio and video clips, data compilations, and software (the “Content”) are and will at all time remain our property, or in the case of content we do not own, the property of the respective owners, content suppliers or technology and service providers (“Providers”), as the case may be, and are protected by United States and International trademark and/or copyright laws. Where content has been sourced, we have done our best to describe the source. If you find content that is incorrectly sourced, please bring it to our attention. The other trademarks, logos, service marks, trade names and trade dress displayed on the Site (collectively the “Trademarks”) are our registered and unregistered marks or the registered or unregistered marks of the respective owners of the Site Brands, who may or may not be affiliated with, connected to, or sponsored by us.
4. LIMITED LICENSE Remedy Skin + Body grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. You may not frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent. You may not copy or download materials from the site except where specifically invited to do so. The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Site or its contents (except caching); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site’s home page so long as the link does not portray the Site, us or any Site Brands in a false, misleading, derogatory or otherwise offensive manner. You may not use our logos, registered or unregistered trademarks or any other proprietary graphic, trademark or service mark without our the express written consent. Any unauthorized use by you of the Site terminates the limited license set forth in this Section 4.
5. THIRD PARTY LINKS Neither we nor any third party referenced or mentioned on the Site are or will in any way be responsible for the content of any off-Site pages or any other sites linked to the Site. We hereby disclaim and shall not be responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-Site links on this Site, nor be responsible or liable for any computer viruses, system failure, malfunction, or other adverse consequence which may arise out of or relate to hyperlink to third party sites.
6. CHILDREN This Site is not intended for children under the age of 18. If you are under 18, you may use the Site only with the consent and participation pf a parent or guardian.
7. DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY THE SITE IS PRESENTED “AS IS” AND “AS AVAILABLE.” NEITHER REMEDY SKIN + BODY NOR ANY SELLER OF ANY OF THE SITE BRANDS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SITE, THE OPERATION OF THE SITE OR ITS USE. YOU AGREE THAT NEITHER REMEDY SKIN + BODY NOR ANY SELLER OF ANY OF THE SITE BRANDS WILL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR (d) EVENTS BEYOND REASONABLE CONTROL. FURTHER, NEITHER REMEDY SKIN + BODY NOR ANY SELLER OF ANY OF THE SITE BRANDS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REMEDY SKIN + BODY OR ANY SELLER OF ANY OF THE SITE BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REMEDY SKIN + BODY OR ANY SELLER OF ANY OF THE SITE BRANDS MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, YOU MAY HAVE FURTHER RIGHTS, BUT IN ALL CASES OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. INDEMNIFICATION OF REMEDY SKIN + BODY AND SITE BRANDS You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand related to your improper or unauthorized use of the Site.
9. DISPUTES Any dispute, claim or controversy arising from your use of the Site or these Terms and Conditions (other than an action pertaining solely to whether amounts due and payable to us were actually paid and received) shall be resolved exclusively by binding arbitration in Thousand Oaks or Ventura County, CA and shall be governed by the internal laws of the State of California without regard to conflict of law principles. You consent to any such dispute to mandatory and binding arbitration in Thousand Oaks or Ventura County, CA under the Commercial Arbitration Rules of the American Arbitration Association or an alternative arbitration association of our choosing; provided, however, that the American Arbitration Association or other arbitration association of our choosing shall not administer any arbitration under this Agreement. The arbitration shall be conducted by an arbitrator who shall be selected in the following manner: (x) by agreement of the parties in dispute; or (y) if the parties in dispute cannot agree on an arbitrator within fourteen (14) days of delivery and receipt of the Arbitration Notice, the parties shall petition a court of competent jurisdiction to select the arbitrator, which judicial proceeding shall take place in a court located in Thousand Oaks or Ventura County, CA. If for any reason this arbitration provision is not enforceable, then you agree that the venue in any court action will be Thousand Oaks or Ventura County, CA, and that the internal laws of the State of California without regard to conflict of law principles shall apply.
10. REFUND AND EXCHANGE POLICY All sales are final. If you have purchased a series of treatments, “package”, and you are unable to continue your treatments, Remedy will issue you a credit for the remaining balance, which may be used towards any other treatment(s) or product(s) at Remedy. All product returns must be made within 30 days of purchase and must be unopened, unused and unexpired. No refunds will be given. If eligible, you will receive store credit only.
If you have any questions regarding these Terms and Conditions, please contact us at firstname.lastname@example.org