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PARKAVENUESKINCARE.COM TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE
PARKAVENUESKINCARE.COM TERMS AND CONDITIONS OF USE PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
These Terms and Conditions may be revised and updated at any time. You
should visit this page on a regular basis to view any changes to these
Terms and Conditions. Your continued usage of the ParkAvenueSkinCare.com
website ("ParkAvenueSkinCare.com Site," the "Site," "Us," "Our," or "We")
will mean you accept those changes.
- THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the Site, such as text, graphics, images, information
obtained from Us, Our licensors or suppliers and other material contained
on the Site ("Content") are for informational purposes only.
The Content is not intended to be a substitute for professional medical
advice, diagnosis, or treatment. It is not Our intention to provide
specific medical advice or create any physician-patient relationship,
and We urge you to consult with a qualified physician for diagnosis
and for answers to your personal questions. Never disregard professional
medical advice or delay in seeking it because of something you have
read on the Site! If you think you may have a medical emergency, call
your doctor immediately. Reliance on any information provided by the
Site, Our employees, others appearing on the Site at Our invitation,
or other visitors to the Site is solely at your own risk. The Site
may contain health or medical-related materials, which you find offensive.
We, Our owner, licensors, and suppliers have no control over and accept
no responsibility for such materials. You are solely responsible for
compliance with the laws applicable to your country of residence.
- USE OF CONTENT.
We authorize you to view or download a single copy of the material
on the ParkAvenueSkinCare.com Site solely for your personal, noncommercial
use if you include the following copyright notice: "Copyright
(c) 2001, PASC Enterprises, LLC. All rights reserved" and other
copyright and proprietary right notices, which were contained in the
Content. Any special rules for the use of certain software and other
items provided on the Site may be included elsewhere within the Site
and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and
foreign laws. Title to the Content remains with the Site, Our owner,
licensors or suppliers. Any use of the Content not expressly permitted
by these Terms and Conditions is a breach of these Terms and Conditions
and may violate copyright, trademark, and other laws. Content and features
are subject to change or termination without notice in the editorial
discretion of the Site. All rights not expressly granted herein are
reserved to the Site, Our owner, licensors and suppliers. If you violate
any of these Terms and Conditions, your permission to use the Content
automatically terminates and you must immediately destroy any copies
you have made of any portion of the Content.
- LIABILITY OF THE SITE, OUR OWNER, LICENSORS
AND SUPPLIERS.
The use of the Site, the Content or products ("Products")
purchased through the Site is at your own risk. When using the Site,
information will be transmitted over a medium, which is beyond the
control and jurisdiction of the Site, Our owner, licensors and suppliers.
Accordingly, the Site assumes no liability for or relating to the delay,
failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Site.
THE SITE, CONTENT AND PRODUCTS ARE PROVIDED OR SOLD ON AN "AS
IS" BASIS.
THE SITE, ITS OWNER, LICENSORS, AND SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND
FITNESS FOR PARTICULAR PURPOSE.
ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, AND WHETHER MEDICAL,
PROFESSIONAL OR PERSONAL IN NATURE OR OTHERWISE, OBTAINED OR ACCESSED
BY YOU FROM OR THROUGH THE SITE SHOULD BE REGARDED AS PURELY INFORMATIONAL,
SHOULD NOT BE RELIED UPON AND SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS.
Specifically, the Site, its owner, licensors and suppliers make no
representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness
of the Content, software, text, graphics, links, or communications
provided on or through the use of the Site.
- The satisfaction of government regulations requiring disclosure
of information with regard to the Content or Products purchased
or obtained by you through the Site.
- The approval or evaluation by the Food and Drug Administration
of the Products or Content purchased or obtained by you through
the Site.
- The results or the quality of any Products or Content purchased
or obtained by you through the Site will meet your expectations
- The Content or Products will treat, diagnose, cure or prevent
disease.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ITS OWNER, LICENSORS,
AND SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE WILL NOT
BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
LEGAL OR EQUITABLE THEORY FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE CONTENT OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF SUCH
DAMAGES OR THE POSSIBILITY OF SUCH DAMAGES; (II) THE COST OF PROCURING
SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (III) PERSONAL INJURY, INCLUDING,
WITHOUT LIMITATION, DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE,
PRODUCTS OR ANY CONTENT; OR (IV) AGGREGATE LIABILITY IN EXCESS OF $100.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, PRODUCTS
OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE
EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS
AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED
FOR IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNITY.
You agree to defend, indemnify, and hold the Site, Our owners, officers,
directors, employees, agents, licensors, and suppliers, harmless from
and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from, your violation of these
Terms and Conditions.
- GENERAL.
We are based in New York, New York, in the United States of America.
Except as expressly provided in a particular "legal notice" these
Terms and Conditions constitutes the entire agreement between you and
Us concerning the subject matter hereof, and supercedes any prior agreements
between you and Us regarding the same. We may assign these Terms and
Conditions, in whole or in part, in Our sole discretion without prior
notice to you. You may not assign or otherwise transfer these Terms
Conditions, in whole or in part, without the prior written consent
of the Site. You expressly agree that exclusive jurisdiction for any
dispute with the Site, or in any way relating to your use of the Site,
the Content or the Products, and these Terms and Conditions, resides
in the courts of the State of New York and you further agree and expressly
consent that the sole jurisdiction and venue for any actions related
to the Site, the Content or the Products, and these Terms and Conditions
including any claim involving the Site or its owner, affiliates, subsidiaries,
licensors, suppliers, employees, contractors, officers, directors,
telecommunication providers, and content providers shall be in the
state and federal courts located in New York County, State of New York
without regard to the conflicts of laws provisions thereof and without
regard to the United Nations Convention on Contracts for the International
Sales of Goods. We makes no representation that the Site or any portions
thereof, the Content or the Products are appropriate for access outside
of the United States. Those who choose to access this Site from or
use the Products outside the United States do so on their own initiative
and are responsible for compliance with the laws of their respective
jurisdictions. Our failure to exercise or enforce any right or provision
of these Terms and Conditions shall not constitute a waiver of such
right or provision. In the event that any of the provisions of these
Terms and Conditions shall be held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary so that these
Terms and Conditions shall otherwise remain in full force and effect
and enforceable.
- PRIVACY POLICY.
Please see Our Privacy Policy for a detailed description of Our information
gathering and dissemination practices for the ParkAvenueSkinCare.com
Site.
- YOUR OBLIGATION TO PROVIDE US WITH INFORMATION.
In connection with your purchase of products from the Site, We will
require that you provide Us with information about yourself, in connection
with you providing Us with such information, you agree to provide true,
accurate, current and complete information about yourself as prompted
by any required information request (such information being the "Personal
Information"). If you provide any Personal Information that is
untrue, inaccurate, not current or incomplete, or We have reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, We have the right to suspend or terminate any
and all current or future use by you of the Site (or any portion thereof).
- NOTICE.
We may deliver notice to you under this Agreement by means of electronic
mail, a general notice on the ParkAvenueSkinCare.com Site or by written
communication delivered by first class U.S. mail to your address on
record with Us. You may give notice to Us at any time via electronic
mail to Us or by letter delivered by first class postage prepaid U.S.
mail or overnight courier to the following address:
Stallex Skin Care Inc.
1130 Park Avenue
New York, NY 10028
PARKAVENUESKINCARE.COM IS OWNED AND OPERATED BY STALLEX SKIN CARE INC
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