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Terms and Conditions
We welcome you to our website. By visiting
our site you agree to be bound by the following terms and
conditions, including our Privacy Policy, and any notices
or revisions thereto, without limitation or qualification.
Please read the following terms and conditions carefully
before using this website ("Site"). If you do not agree to
these terms and conditions you may not use this Site.
1. Privacy
Please review our Privacy Policy before using the Site, as this policy also
governs your visit to our Site.
2. Modifications
We reserve the right to change the terms, conditions and notices under which
this Site is made available for you. You are responsible for regularly reviewing
these terms and conditions.
3. Personal and non-commercial
use limitation
This Site is made available for personal and non-commercial use only. You may
not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information, software,
products or services obtained from this Site. You may download portions of
the Site for your own lawful noncommercial use or to place an order for our
products. Any other use of the materials on this Site, including but not limited
to the modification, reproduction, distribution, replication, display or transmission
is strictly prohibited. Any unlawful use of the materials on this Site is strictly
prohibited.
4. Intellectual Property
The entire content of this Site, including the text, design graphics interfaces,
software code, icons, audio, video, and the selection and arrangement thereof,
is our copyrighted work and protected by the copyright laws of the United
States. All trademarks, service marks, and trade names, registered and unregistered,
are the property of Marc Edward Skincare. Except as specifically
authorized, you may not use, republish, reproduce, display, create derivative
works from, or reverse engineer or decompile, distribute, copy, post or transmit
any of the material on this Site.
5. User submissions
Except for any personally identifiable information we may collect from you
under the guidelines of the Privacy Policy, any material, information or
other communication you transmit, upload or post to this Site will be considered
non-confidential and non-proprietary and we will have no other obligations
of any nature or sort with respect to such data collection.
6. Third - Party Links
For your convenience, this Site may contain links to other sites on the Internet
which are not affiliated with us in any way. We take no responsibility for
these sites or the information which may appear on these sites.
7. Claims
Each claim or statement made regarding our products is made for U.S. residents
only, except as otherwise noted.
8. Disclaimer
We make no representations or warranties for the accuracy or completeness of
this Site or the content of linked sites, if any.
THIS SITE AND THE MATERIALS, INFORMATION,
SERVICES AND PRODUCTS INCLUDED IN THIS SITE ARE PRESENTED "AS
IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE
TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE
OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION
OF BUSINESS;(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF
ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE
OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES,
SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION
WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK
TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND OUR REASONABLE
CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED
BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED
ONE HUNDRED DOLLARS ($100.00).
9. Indemnification
You agree to defend, indemnify and hold us, our officers, directors, employees,
contractors and agents harmless for any loss, damages or costs, including
reasonable attorneys' fees, resulting from any third party claim, action,
or demand resulting from your use of the Website. You also agree to indemnify
us for any loss, damages, or costs, including reasonable attorneys' fees,
resulting from your use of software robots, spiders, crawlers, or similar
data gathering and extraction tools, or any other action you take that imposes
an unreasonable burden or load on our infrastructure.
10. Disputes
With respect to any dispute regarding the Site, your rights and obligations
and all actions contemplated by these Terms and Conditions shall be governed
by the laws of New York, as if the Terms and Conditions were a contract wholly
entered into and wholly performed within New York. Any dispute relating in
any way to your visit to this Site shall be submitted to confidential arbitration
in New York, except that, to the extent you have in any manner violated or
threatened to violate our intellectual property rights, we may seek injunctive
or other appropriate relief in New York, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise. You agree that any cause
of action or claim that you may have with respect to your use of the Site
must be commenced within one year after the act or omission giving rise to
the claim or cause of action.
11. General
You acknowledge and agree that these Terms and Conditions, together with our
privacy policy, constitute the complete and exclusive agreement between us
concerning your use of this Site, and supersede and govern all prior proposals,
agreements, or other communications with respect to the Site and your use
of it. Our failure to insist upon or enforce any provision of these Terms
and Conditions shall not be construed as a waiver of any provision or right
of ours, and we reserve our right to take action at any time. We may assign
our rights under these Terms and Conditions to any party at any time without
notice. By using this Site you agree to adhere to our Terms and Conditions
as well as our Privacy Policy. The Terms and Conditions as well as the Privacy
Policy are subject to change without notice. Therefore we suggest that you
check back and review the Terms and Conditions and Privacy Policy regularly.
12. Allergic Reactions
Please read through the product description carefully. This
company, it's owner or agents, are not responsible for allergic
-type reactions to products or ingredients, as this is out
of our control. Should you have a negative reaction, discontinue
use and contact a physician for care.
Privacy
We respect the privacy of personal information
which you provide us at our web site.
Information collected
We collect two types of information about our visitors:
- personal information ("pi") including your name, address,
telephone number, e-mail address, and credit card information,
which you voluntarily provide to order a product or be included
on one of our mailing lists; and
- general information about the number of visitors who come
to our site and the material which they review while on the
site, and general information that is not personally identifiable
such as your zip code, and product preferences.
- All information provided is strictly voluntary. If you
elect not to provide us with your pi you will not be able
to place orders at our site and you will not be able to participate
in our mailings or promotions.
Use of the information collected
We may store and process your pi and share it with third parties for purposes
of fulfilling your orders or to carry out the purposes for which it was submitted.
We may, if required by law, be forced to disclose your pi. Except for the
foregoing, we will not transfer or otherwise use your pi. If at any time
you decide that you no longer want us to maintain your pi, please send us
instructions to delete your pi. This should be sent to us at: 7985 Santa
Monica Blvd., West Hollywood CA 90046.
Any general information submitted by you such
as your zip code, product experiences or other information
which is not specifically identifiable with you, including
feedback to any general questionnaires on the site, or information
gathered on your visit to the site such as the length of time
you were on the site and the portions of the site you reviewed,
shall be considered non-confidential information. We shall
be free to use such without any obligation to you whatsoever
and for any purposes and through any means we elect.
Security
Because of the open nature of the Internet, we cannot guarantee that communications
between you and our site will be free from unauthorized access by third parties.
Users of our site assume this risk. While we endeavor to provide security
consistent with prevailing standards, we cannot guarantee security of your
pi, both on line and off line. If you have any questions about security at
our Website, please contact us at marc@marcedwardskincare.com.
Children's privacy
This site is not for use by children under the age of thirteen (13) years old.
In accordance with the Children's Online Privacy Protection Act of 1998,
we have no intention of knowingly collecting any pi from individuals who
are under the age of thirteen (13) years of age. If we learn that a child
under the age of thirteen (13) has submitted pi without verifiable parental
consent, we will use all commercially reasonable efforts to delete such information
from our databases.
Cookies
We may also use a technology know as "cookies" or any technology that now exists
or is later developed that performs the same general function that track your
travel through our site and to help us understand how you and others use the
site. Cookies are used by almost every site for these and similar purposes.
Most browsers are set to accept cookies. You may reset your browser so that
these cookies are not accepted and you may erase reception of cookies.
Your acceptance of our privacy policy
and practices
By using this website you signify your acceptance of our Privacy Statement
and you agree to adhere to the terms and conditions posted on this website.
We reserve the right to change our Privacy Statement and our terms and conditions
at will. We assume no obligation to advise you of any changes to our Policy
Statements or our terms and conditions. We suggest that you check back, at
regular intervals, for updates to our Privacy Statement and terms and conditions.
THIS SITE WAS LAST UPDATED: 03/05/2015
This site is designed for use by residents
of the U.S. only although those outside the U.S. may have access
to the site.
Cancellation Policy
24-hour cancellation is required for all appointments or
your credit card will be charged for the full amount of the
treatment.
Returns
We are commited to 100% customer satisfaction. We take pride
in the quality of our exceptional skincare products created
by Marc Edward. All are dermatologist tested.
Any item can be returned
within 30 days - un-opened in saleable condition for full
refund of purchase price; or opened
(at least 3/4) full for store credit,
with a note explaining the
reason for your return. If items come to us after
30 days, they will be sent back to the consumer with additional
shipping fees.
When returning an item, please send
original shipping box to: Returns
c/o Marc Edward Skincare, 7813 Sunset Boulevard, Los Angeles, CA 90046. Be sure to include original credit card
receipt for the item(s) or exchange will not be honored. |
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