TERMS OF SERVICE:
Any statements on this site or any materials or supplements distributed or sold by NUTRA SKIN has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
Orders are shipped via U.S. Postal Service. Except for returns, shipping is free for all auto-shipment orders. Products damaged during shipping must be reported within two (2) business days of receipt to receive credit. We do not directly sell products in any jurisdiction other than the United States of America and may reject orders where the stated delivery address is outside the United States.
In the event of a backorder, your trial bottle will be shipped as soon as stock replenishes, estimated up to 10 business days. In the event of a backorder, the trial date will be extended as many days from the order date until product ships. We also reserve the right to ship you another label/brand of our product, but the same product formula/ingredients. Just under a substitute in-stock brand name.
By using NUTRA SKIN Services, you understand,
acknowledge and agree to be bound by the Agreement and that you will abide by
the terms and conditions of our Agreement with you, whether you are a
"Visitor", meaning that you simply browse the Site or you are a
"Member" meaning that you have registered with NUTRA SKIN.
The term "User" refers to a Visitor or a Member. When we use the term
additional terms and conditions that apply to and govern your use of Content,
Postings (including Comments), and Communities, (all as defined below), any
features, functions and services we make available to you from time to time
through our NUTRA SKIN Services, any official rules which apply to your
participation in promotions, contests, sweepstakes, award programs,
memberships, e-mail and/or newsletters ("Rules") and any additional
terms and conditions referred to in any of the foregoing documents. These Terms
of Use and our use of the term "Agreement" also includes our Privacy
Policy All of these are hereby incorporated into our Agreement with you by
this reference and this Agreement will remain in full force and effect as long
as you are a user of NUTRA SKIN Services, even if your use of or
participation in any particular service, feature, function or promotional
activity terminates, expires, ceases, is suspended or deactivated for any
Please make sure you package returned items well, place your RMA outside of the package, include your name and address. Please note we must receive this return within 30 days of the date we issue an RMA, or a refund will no longer be issued.
The words "use" or "using" in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from NUTRA SKIN Services, transmit, receive or exchange data or communicate with the NUTRA SKIN Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the NUTRA SKIN Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
Please choose carefully the information you post on NUTRA SKIN Services and that you provide to other Users. Your Postings may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and NUTRA SKIN assumes no responsibility or liability for this material. If you become aware of misuse of NUTRA SKIN Services by any person, please contact us at 1-800-385-2561
This Agreement shall remain in full force and effect while you use NUTRA SKIN Services or are a User. There are portions of NUTRA SKIN Services and this Site that we make available to Users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
NUTRA SKIN reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, including email, by you, or to restrict, suspend, or terminate your access to all or any part of NUTRA SKIN Services at any time, for any or no reason, with or without prior notice, and without liability. Even after your account is terminated, this Agreement will remain in effect, including all sections.
You acknowledge that NUTRA SKIN reserves the right to change its fees from time to time in its discretion. If NUTRA SKIN terminates your account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees.
NUTRA SKIN may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting by NUTRA SKIN on the Site. We will post or display notices of material changes on this Site and we may also e-mail you about these changes. Once we post them on NUTRA SKIN Services, these changes become effective immediately and if you use the NUTRA SKIN Services after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. We reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the NUTRA SKIN Services at any time, without any liability or obligation to you, with or without notice.
4. TRIAL AND MONTHLY MEMBERSHIPS; FEES; CANCELLATION
If a customer does not cancel their auto-shipment program, and their credit card declines the re-bill transaction multiple times, their account will be billed a discounted price. We also reserve the right to re-try the declined re-bill transaction multiple times until the due amount is captured.During times when trial memberships are offered, you agree to accept the trial membership to the Site, which gives you a 30-day supply of our product, and by accessing the NUTRA SKIN Services you authorize the charges set forth below and agree to the following terms and conditions:
4.1 Your trial membership will entitle you full access of the site, a 30 day supply of our product, for 14 (fourteen) days starting on the day you submit your trial membership application to the Site. Shipping may take anywhere from 1-4 business days, and we ship via USPS.
4.2 You agree that if you do not send us notice of cancellation of your trial membership at least ONE DAY from the expiration of your trial membership term, we shall automatically and without further notice:
convert your trial membership to a standard RECURRING MONTHLY SUBSCRIPTION to NUTRA SKIN Services, our auto-shipment program, at the standard one month membership rate;
renew your monthly membership to the NUTRA SKIN Services for successive periods of one month each at the then current standard one-month membership rate, which on our auto-shipment program will have a new 30-day supply sent to you every month.
4.3 Subscription and Membership fees to the Site are subject to change at any time at the sole and absolute discretion of Company. The official standard one-month membership rates for the NUTRA SKIN Services shall be set forth at the respective join pages of the site. The current standard one-month membership rate is $97.28.
4.4 TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY NUTRA SKIN AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING NUTRA SKIN BY TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT contact.php)
4.5 TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY NUTRA SKIN OF YOUR CANCELLATION BY TELEPHONE, OR U.S. MAIL (AT THE THEN TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT contact.php AT LEAST 7 (SEVEN) DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM.
4.6 All cancellations received by NUTRA SKIN will be effective upon receipt (Phone or US Mail ONLY), UNLESS in the 14 day trial period. IF in the 14 day trial period, customer must send back the unused portion of NUTRA SKIN, and NUTRA SKIN must receive it within 15 days to complete cancellation, and avoid being charged the standard monthly membership fee. If the customer rather cancel their account WITHOUT sending back the unused portion, they can keep it for a one-time charge of $38.71 and have their subscription cancelled.
4.7 If customer does not cancel their membership, and their credit card declines the re-bill transaction, their account will be billed a discounted price.
4.8 You hereby acknowledge and agree that if you cancel your monthly membership, or if your membership is cancelled by us, your User ID will be removed from the system at the end of the then current monthly membership period and that you will be entitled to receive the full benefits of your monthly membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if you cancel your monthly membership before the end of the then current monthly membership period. You agree that if you cancel at any time after purchasing a monthly membership to the Site (e.g., 20 minutes after you sign up), you will still be charged the full months membership fee.
4.9 We may, at any time and at our sole discretion, cancel any paid trial membership or monthly membership; provided, however, that if we cancel any paid trial membership prior to its expiration, we shall provide a pro-rata refund for the unexpired period of the cancelled months membership by automatic credit.
4.10 You hereby authorize NUTRA SKIN to charge your credit card (which you hereby acknowledge was entered by you into the sign-up page) to pay for your trial membership fee and all monthly membership fees to the Site / our auto-shipment program at the then current standard monthly membership rate. You further authorize us to charge your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, the Site. You agree to be personally liable for all charges incurred by you during or through the use of the NUTRA SKIN Services. Your liability for such charges shall continue after termination of your membership.
4.12 Unless and until you notify us that you wish to cancel or terminated your membership to the Site, you hereby agree and authorize NUTRA SKIN or its designated agent or assignee to automatically renew your membership to the Site on a continuing monthly basis and to charge your credit card (or other approved facility) to pay for the ongoing cost of your membership. You hereby further authorize NUTRA SKIN or its designated agent or assignee to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to you by or though the Site.
4.13 You further agree that as a Member, you must promptly inform us of any and all the following: loss or theft of the credit card used to pay for membership to the Site or other NUTRA SKIN Services; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding your membership, such as loss, theft, unauthorized disclosure or use of a User ID; and all other changes pertaining to your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due to NUTRA SKIN. You agree that you will remain liable for any unauthorized use of the NUTRA SKIN Services, until you have notified us by calling us at 1-800-385-2561
4.15 In the event of a backorder, your trial bottle will be shipped out as soon as stock replenishes, estimated up to 10 business day at most. In the event of a backorder, the trial date will be extended as many days from the order date until product ships, so the customer will have at least 14 days from when the product ships for their trial. The above paragraph applies only when product is backordered, in all other cases trial begins the date the order is placed.
4.16 All orders come with Shipping Insurance, by the only certified USPS insurance agency, InsureShip. This will be at a cost of $1.99, and will insure your package against damages, lost/stolen shipments, and more. For more information please see the confirmation email InsureShip sent, or reach them at 1-866-701-3654 www.InsureShip.com Info@InsureShip.com
5. OWNERSHIP AND PROPRIETARY RIGHTS
NUTRA SKIN Services, except all User Submissions (as defined below), including without limitation , all content, media and materials, all NUTRA SKIN software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of NUTRA SKIN Services, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed NUTRA SKIN and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under USA and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "NUTRA SKIN Services" includes "Content" as well.
Content on the Site is provided to you AS IS for your information and personal use only. NUTRA SKIN Services contain Content of Users and other NUTRA SKIN licensors. Except for Content posted by you and unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including User Submissions, without the express prior written consent of NUTRA SKIN. NUTRA SKIN authorizes you to access Content and grants you the right to use NUTRA SKIN Services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on NUTRA SKIN Services including notices on any Content you download, transmit, display, print or reproduce from NUTRA SKIN Services. NUTRA SKIN reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of NUTRA SKIN Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of NUTRA SKIN Services or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
By displaying or publishing ("posting") any Content, or any other materials on or through NUTRA SKIN Services, you hereby grant to NUTRA SKIN a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through NUTRA SKIN Services. This license will terminate at the time you remove such Content from NUTRA SKIN Services. You represent and warrant that: (i) you own the Content posted by you on or through NUTRA SKIN Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through NUTRA SKIN Services.
We have no obligation to maintain or store any Content posted by you. We have the right to delete any Content for any reason or no reason, including but not limited to service cancellation or violation of this Agreement. Once deleted, any Content you have stored on or through the NUTRA SKIN Services cannot be retrieved.
NUTRA SKINs Content is protected by copyright, trademark, patent, trade secret and other laws, and NUTRA SKIN owns and retains all rights to its Content and NUTRA SKIN Services. We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the NUTRA SKIN Services that infringes the copyright rights of others and will disable the access to NUTRA SKIN Services, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in this Agreement which describes our Notice and Procedure for Making Claims of Copyright Infringement.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of NUTRA SKIN Services are the intellectual property of, and proprietary to NUTRA SKIN, its affiliates, its or their advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of NUTRA SKIN.
6. WEB COMMUNITIES, FORUMS, POSTINGS
Services contains forum services, web communities and other message and communication facilities ("Communities") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this Agreement as a "Post" or "Posting." NUTRA SKIN Services may now or in the future permit the submission of other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, NUTRA SKIN does not guarantee any confidentiality with respect to any submissions. NUTRA SKIN reserves the right at all times, but does not have the obligation to edit, refuse to post, or to remove any Posting, in whole or part, that NUTRA SKIN deems inappropriate for inclusion in the Communities, for any reason or for no reason. NUTRA SKIN may delete any Content that in the sole judgment of NUTRA SKIN violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. NUTRA SKIN assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time NUTRA SKIN chooses, in its sole discretion, to monitor NUTRA SKIN Services, NUTRA SKIN nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Communities are public and not private and you should assume your Postings will be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, NUTRA SKIN shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community. Remember that once you have uploaded your Posting, you will not be able to remove it. Your Posting will become public and some cases permanent.
NUTRA SKIN does not endorse and has no control over the Content and NUTRA SKIN expressly disclaims any and all liability in connection with User Submissions. You understand that when using NUTRA SKIN Services, you will be exposed to User Submissions from a variety of sources, and that NUTRA SKIN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You use the Communities solely at your own risk, you are solely responsible for the Content that you post on or through any of NUTRA SKIN Services, and any material or information that you transmit to other Members and for your interactions with other Users. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NUTRA SKIN with respect thereto, and agree to indemnify and hold NUTRA SKIN, its owners and Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. NUTRA SKIN neither endorses nor controls user Postings available, delivered or displayed in the Communities and NUTRA SKIN assumes no duty to monitor or endorse Postings within the Communities, nor does NUTRA SKIN represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not us or NUTRA SKIN Services, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on NUTRA SKIN Services. Postings do not reflect the views of NUTRA SKIN or any affiliates. In no event shall NUTRA SKIN or any affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and NUTRA SKIN Services; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on NUTRA SKIN Services, this Site and/or the Communities. You retain all of your ownership rights in your User Submissions. If a Posting originates from you or your User ID, you hereby agree that:
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant and Affiliates the right to use such Posting as described above; and
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To contact NUTRA SKINs designated Copyright Agent, please see the Notice and Procedure for Making Claims of Copyright Infringement in this document. The amount of storage space on NUTRA SKIN Services per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. NUTRA SKIN permits you to link to materials on the Site for personal, non-commercial purposes only.
You are solely responsible for your interactions with other NUTRA SKIN Members. NUTRA SKIN reserves the right, but has no obligation, to monitor disputes between you and other Members. NUTRA SKIN does not assume any responsibility or liability for the actions, qualifications, representations, intellectual property, and content of any third parties, including other Users. In the event a transaction is commenced between Members services, you agree that NUTRA SKIN does not assume any responsibility or liability for any damages or loss (either before, during, or after any transaction has been completed), or any other act or omission of the Users arising out of the transaction. You agree to pay all fees and charges incurred in connection with your transaction (including any applicable taxes).
7. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
If you believe NUTRA SKIN Services contains elements that infringe your copyrights in your work, please go directly to our Notice and Procedure for Making Claims of Copyright Infringement and follow the procedures described.
If you believe that any Content on NUTRA SKIN Services (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please contact us at email@example.com We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of NUTRA SKIN Services or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). NUTRA SKIN will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.
9. RULES OF CONDUCT
Your use of NUTRA SKIN Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. The following is a partial list of the kind of Content and activity that is illegal or prohibited to post on or through the Services. NUTRA SKIN reserves the right to investigate and take appropriate legal action against anyone who, in NUTRA SKINs sole discretion, violates this provision, including without limitation, removing the offending communication from NUTRA SKIN Services and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. Prohibited Content and/or activity include, but are not limited to Content and/or activity that, in the sole discretion of NUTRA SKIN are itemized below. You shall not use, allow, or enable others to use NUTRA SKIN Services, or knowingly condone use of NUTRA SKIN Services by others, in any manner that is, attempts to, or is likely to:
1) be libelous, patently offensive, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, sexually suggestive or sexually or violently exploitative, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
2) submit any Content that contains nudity, violence, or is of an offensive subject matter;
3) affect us adversely or reflect negatively on us, NUTRA SKIN, NUTRA SKIN Services, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of NUTRA SKIN Services, or from advertising, linking or becoming a supplier to us in connection with the NUTRA SKIN Services;
4) further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
5) promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
7) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8) use the Services in a manner inconsistent with any and all applicable laws and regulations;
9) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called "spamming," spimming, and "phishing";
10) be used for commercial or business purposes without prior written consent, including, without limitation, advertising, marketing, contests, sweepstakes, barter, advertising, pyramid schemes or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, advertising to, or solicitation of, any User to buy or sell any products or services through NUTRA SKIN Services. It is also a violation of these rules to use any information obtained from NUTRA SKIN Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation;
11) You may not transmit any chain letters or junk email to other Users. NUTRA SKIN reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which NUTRA SKIN deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through NUTRA SKIN Services, you acknowledge that you will have caused substantial harm to NUTRA SKIN, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay NUTRA SKIN $50 for each such unsolicited email or other unsolicited communication you send through NUTRA SKIN Services;
12) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
18) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
14) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
15) cover or obscure the banner advertisements on your personal profile page, or any NUTRA SKIN Services page via HTML/CSS or any other means;
16) any automated use of the system, such as using scripts to add friends;
17) sell or otherwise transfer your profile;
18) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; no Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law;
19) gain unauthorized access to NUTRA SKIN Services, other users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to NUTRA SKIN Services or to use NUTRA SKIN Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
20) use the account, username, or password of another User at any time or disclose your password to any third party or permit any third party to access your account; or attempt to impersonate another User or person;
21) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; or solicit personal information from anyone under 18;
22) include a photograph or image of another person that you have posted without that person's consent;
23) provide any telephone numbers, street addresses, last names, URLs or email addresses;
24) contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
25) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of NUTRA SKIN Services or the rights or use and enjoyment of NUTRA SKIN Services by any other person, firm or enterprise; or
26) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of NUTRA SKIN Services, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
11. HYPERLINKS TO THIRD PARTY SITES
12. DISCLAIMER AND LIMITATIONS OF LIABILITY
NUTRA SKIN SERVICES, FEATURES, FUNCTIONS,
CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN ADDITION, NUTRA SKIN MAKES AND PROVIDES NO
GUARANTY OR ASSURANCE NUTRA SKIN SERVICES A) WILL PRODUCE ANY SPECIFIC
RESULTS OR THAT YOU WILL GENERATE ANY INCOME WHATSOEVER, OR B) ANY CONTENT WILL
OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES,
FUNCTIONS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR
AT ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, NUTRA SKIN IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES,
ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF NUTRA SKIN SERVICES OR ANY SITES LINKED TO NUTRA SKIN SERVICES 2) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY
THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING,
FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE
AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING NUTRA SKIN
SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH NUTRA SKIN SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER NUTRA SKIN, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF NUTRA SKIN SERVICES OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have NUTRA SKIN, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of NUTRA SKIN Services. You further understand and acknowledge the capacity of NUTRA SKIN Services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that NUTRA SKIN assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of NUTRA SKIN Services for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
NUTRA SKIN reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with NUTRA SKIN in the defense of any such claim, action, settlement or compromise negotiations, as requested by NUTRA SKIN.
14. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement and your use of NUTRA SKIN Services shall be governed by, construed and enforced in accordance with the substantive laws of Florida, USA applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the location of NUTRA SKIN, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that NUTRA SKIN has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF NUTRA SKIN SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND NUTRA SKIN SERVICES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright 2012 NUTRA SKIN - All Rights Reserved.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, US Code, Section 512(c)(2), all notifications of claimed copyright infringement on NUTRA SKIN Services should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your Copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent: Service Provider(s): NUTRA SKIN
Name of Agent Designated to Receive Notification of Claimed Infringement: NUTRA SKIN.
Telephone Number of Designated Agent: 1-800-385-2561
Facsimile Number of Designated Agent: 1-800-385-2561
E-mail Address of Designated Agent: Info@rejuvalskin.com For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Under Title 17, US Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.