1. You should assume that everything you see or read on the Site is copyrighted and/or trademarked unless otherwise noted and may not be used except as provided in these Terms and Conditions without the prior written consent of SkinWest. SkinWest neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with SkinWest.
2. SkinWest maintains the Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site, including but not limited to, the text, images, audio, and video for public or commercial purposes without the prior written consent of SkinWest.
3. While SkinWest uses reasonable efforts to include accurate and up to date information in the Site, SkinWest makes no warranties or representations as to its accuracy. SkinWest and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, promotions, coupons, services, products or other material on the Site. While SkinWest strives to keep the information on the Site accurate, complete, and up-to-date, SkinWest cannot and does not guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
4. Your use of and browsing in the Site are at your risk. Neither SkinWest nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you -AS IS- WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL SKINWEST AND OR ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND/OR SHAREHOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SKINWEST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. SkinWest also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
5. You agree to indemnify, defend and hold harmless SkinWest and its affiliates, officers, directors, shareholders, partners and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this agreement.
6. Any communication or material transmitted by you to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by SkinWest or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, re-transmission, publication, broadcast and posting. Furthermore, SkinWest is free to use any ideas, concepts, know-how, or techniques contained in any communication sent by you to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
7. Images of people or places displayed on the Site are either the property of, or used with permission by, SkinWest. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
8. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including, without limitation, the SkinWest's logo, are registered and/or unregistered Trademarks of SkinWest and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of SkinWest or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that SkinWest will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
9. The Site may contain hyperlinks to web sites operated by parties other than SkinWest. Such hyperlinks are provided for your reference only. SkinWest does not control such web sites, and is not responsible for their contents. SkinWest's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites, or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the privacy policy you just read is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.
10. Software from the Site is further subject to United States Export Controls. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. SkinWest may make improvements or changes in the information, services, products, and other materials on the Site, or terminate the Site, at any time without notice. SkinWest may at any time revise these Terms and Conditions by updating this posting, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Accordingly, you agree to review the Terms and Conditions periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Terms and Conditions.
12. This agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. SkinWest's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between SkinWest and you related to this agreement or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Los Angeles and/or the Central District of California. In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
PRIVACY POLICY
Any information submitted to us is regarded as completely privileged. We will never give or sell your private information to anyone else for any reason.
In accordance with the The California Online Protection Act, SkinWest.com publishes the following privacy policy. By using this website, you are bound to the conditions of the privacy policy. If you disagree with the privacy policy, you should not use this website.
GENERAL
SkinWest.com collects personally identifiable information of customers who choose to register on our website. We do not sell or share this information with anyone else for any reason.
PERSONALLY IDENTIFIABLE INFORMATION
SkinWest.com makes a concerted effort to minimize the use of your personally identifiable information for our own purposes. On occasion and based on your account preferences, we do email promotional emails to your email address. Customers are sometimes targeted for promotions because of their purchase history.
NON-PERSONALLY IDENTIFIABLE INFORMATION
Additionally, we collect technical information about your visit including IP address and browser type, but we do not store that information with personally identifiable information. Other types of information stored but not related to personally identifiable information include search words, navigation click paths, and other similar information.
COOKIES
SkinWest.com uses cookies to provide a better skin care shopping experience for the customer. A cookie will never include personally identifiable information.
INFORMATION SHARING
SkinWest.com does not sell, rent, or share your information with anyone else for any reason. This policy covers any affiliated companies, 3rd parties, and vendors - we do not share your information.
EDITING & DELETING PERSONAL INFORMATION
Customers can edit their accounts by logging into the website under "Your Account" and editing or changing your account information and preferences. To delete your account, please contact us directly, as this can cause significant detriment to your online shopping experience and order status.
CHANGES TO THIS POLICY
SkinWest.com posts any changes to our privacy policy on this page. Please return to view any updates to the page, noted by the effective date below.
EFFECTIVE DATE OF THE POLICY
February 1, 2005
QUESTIONS & COMMENTS
If you'd like to contact us, please mail us at:
SkinWest.com
PO Box 427
Glendora, CA 91740
SECURITY
We ensure the confidentiality and security of information stored by taking all reasonable and prudent steps necessary to protect your personal information. We realize the importance of protecting your privacy and will continue to evaluate new technologies and make improvements as these technologies become feasible.
PROPRIETARY RIGHTS
All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by SkinWest, Copyright SkinWest 2005. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the written permission of SkinWest. The names SkinWest and SKINWEST.COM are registered and/or unregistered trademarks of SkinWest.
All other trademarks, if any, are the property of their respective owners.
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Terms and Conditions
