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Terms of Use

Last updated February 8, 2010

Welcome to the Web site (the "Site") of SkinBotanica.com and it's affiliated Web sites SkinCareRx.com and Apothica.com (collectively "SkinBotanica"). SkinBotanica provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any SkinBotanica service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference.

SkinBotanica reserves the right to change this Site and these terms and conditions at any time. When a revision is made, we will revise the "last updated" date on this page. We encourage you to check the date of our Terms of Use each time you visit our Web site for any updates or changes. ACCESSING, BROWSING OR OTHERWISE USING THIS SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Use of this Site is not meant to serve as a substitute for professional medical advice. SkinBotanica encourages you to discuss the use of any goods, products or information received from this Site with your physician prior to using or relying on them. Your doctor should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. SkinBotanica does not give nor intend to give any answers to medical related questions. We do not represent ourselves as physicians nor is this implied. IF YOU ARE IN NEED OF MEDICAL ATTENTION CALL YOUR PHYSICIAN IMMEDIATELY.

This Site is solely an online store for specialty related products that provides additional educational information on issues of interest to our customers. Our intention is only to help you make a decision regarding a purchase but not to replace any medical professional or medical resource.

USE OF SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, SkinBotanica hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by SkinBotanica in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by SkinBotanica in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by SkinBotanica in advance. SkinBotanica reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if SkinBotanica believes that customer conduct violates applicable law or is harmful to SkinBotanica's interests.

You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect the opinions of SkinBotanica.

SkinBotanica may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and SkinBotanica has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify SkinBotanica of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide SkinBotanica, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and SkinBotanica shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of SkinBotanica and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant SkinBotanica the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by SkinBotanica will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead SkinBotanica or third parties as to the origin of any Submissions or content. SkinBotanica may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio and video clips, and software (collectively, "Content"), belongs exclusively to SkinBotanica or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to SkinBotanica. All software used on this Site (the "Software") is the property of SkinBotanica or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. All SkinBotanica logos, slogans, trade names or words are registered trademarks, trademarks or service marks of SkinBotanica, its suppliers, or third parties. The use of any SkinBotanica trademark or service mark without SkinBotanica express written consent is strictly prohibited. You may not use any SkinBotanica trademark or service mark in connection with any non-SkinBotanica product or service or in any way that is likely to cause confusion. You may not use SkinBotanica's trademarks or service marks in any manner that disparages or discredits SkinBotanica. You may not use any of the SkinBotanica trademarks or service marks in meta tags without the prior explicit consent of SkinBotanica.

PRIVACY POLICY

SkinBotanica believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how SkinBotanica uses and collects information and protects your privacy.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, SkinBotanica may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and SkinBotanica shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY SkinBotanica ON AN "AS IS" BASIS. SkinBotanica MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SkinBotanica DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SkinBotanica DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SkinBotanica WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKINBOTANICA'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SkinBotanica DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SKINBOTANICA'S LIABILITY.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless SkinBotanica, and its directors, employees, agents, independent contractors, service providers and consultants from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against SkinBotanica and/or its independent contractors, service providers, or consultants, arising out of or relating to your use of the Site, any information or materials you submit, your violation of these Terms of Use, or your violation of the rights of any third party.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that SkinBotanica is not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

SkinBotanica respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our legal department and pride the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • 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.

REMEDIES

You agree that SkinBotanica's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that SkinBotanica shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that SkinBotanica may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of SkinBotanica shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by SkinBotanica of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW

This site is created and controlled by SkinBotanica in the State of Utah, USA. As such, the laws of the State of Utah will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

DISPUTES

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Salt Lake City, Utah, except that to the extent you have in any manner violated or threatened to violate SkinBotanica's intellectual property rights, SkinBotanica may seek injunctive or other appropriate relief in any state or federal court in the State of Utah. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Utah. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and 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 action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned.

SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

OUR ADDRESS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

SkinBotanica
1055 South 700 West
Salt Lake City, UT 84104

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