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| TERMS AND CONDITIONS |
Welcome to Skintologyny.com. This page (together with the documents referred to on it) tells you the Terms and Conditions of Use ("Terms") of use on which you may make use of www.skintologyny.com (the "Site") Please read these terms of use carefully before you start to use our Site. The Terms and Conditions of Use herein set forth expressly incorporate by reference and include our Privacy Policy and any other statements, terms, guidelines, rules or disclaimers that may be published, posted or updated on specific web pages on our web site or on any notice sent to you.
BHIP, Inc., a New Jersey corporation and Skintology a Registered Trademark and/or its affiliates ("Skintology") provide website features to you subject to the following conditions.
By visiting and entering the Site, you agree to the following Terms. Please exit our Site immediately if you do not accept these terms of use, are not of a legal age of adulthood in the country or other territory in which you are located, or are accessing our Site in a country or other territory where use of our Site is not permitted. These terms and conditions were last updated on October 8, 2010; however, Skintology reserves the right, at its sole and absolute discretion, to change, modify, add, amend or remove portions of this policy at any time. We encourage you to review these Terms and Conditions of Use from time to time because any changes are binding on you.
PRIVACY
Please review our Privacy Notice, which also governs your visit to Skintologyny.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Skintologyny.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS
All intellectual property and database rights, in our Site, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) ("Materials") are owned by Skintology, our subsidiaries, affiliates companies and/or any of our partners ("the Owners"). The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site. Material from this Site may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Skintology. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of Skintology. Material on this Site is provided for lawful purposes only. Any misuse of Material on this Site or of the trademarks listed below is strictly prohibited. The following trademarks and all related logos and designs used herein are owned by Skintology and/or its affiliates, subsidiaries, parent or related companies:
Skintology (text) |
Skintology graphic & logo |
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Photographs and content on the site |
By utilizing the Site, you understand and agree that Skintology and skintologyny.com and other Skintology graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Skintology in the U.S. and/or other countries. Skintology’s trademarks and trade dress may not be used in connection with any product or service that is not Skintology’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Skintology. All other trademarks not owned by Skintology that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Skintology.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Skintology or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Skintology and protected by U.S. and international copyright laws. All software used on this site is the property of Skintology or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
Skintology grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Skintology. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Skintology. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Skintology without express written consent. You may not use any meta tags or any other “hidden text” utilizing Skintology’s name or trademarks without the express written consent of Skintology. Any unauthorized use terminates the permission or license granted by Skintology. You my not portray Skintology, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Skintology logo or other proprietary graphic or trademark as part of the link without express written permission.
COPYRIGHT COMPLAINTS
Skintology respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send a notice in the manner specified below.
RISK OF LOSS
All items purchased from Skintology are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT AND SERVICE DESCRIPTIONS
Skintology attempts to be as accurate as possible. However, Skintology does not warrant that product and services descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Skintology itself is not as described, your sole remedy is to return it in unused condition. If a service offered by Skintology is not as described, a refund may be provided at Skintology’s sole discretion.
PRICING
Except where noted otherwise, the price displayed for products and services on our website represents the full retail price for the product or service itself, suggested by the manufacturer or supplier, established by Skintology, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by Skintology, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Skintology. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
With respect to services provided by Skintology, we cannot confirm the price of a given service until the consultation has been provided and the service rendered. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
MEDICAL SERVICES
Skintology cannot and does not employ members of the medical community, as same is unlawful; however all services that must legally be provided by a health professional including, without limitation, SmartLipo and BOTOX® injections, are provided by a Board Certified Cosmetic Surgeon who operates a separate practice and is either located on Skintology’s premises by way of an occupancy agreement and/or has a license to use the Skintology name and logo, and/or utilized Skintology for marketing purposes, and/or is affiliated with Skintology strictly through other means that are permitted by applicable law. Skintology cannot be held responsible or liable for any acts, omissions or services provided by such healthcare professional(s) and all persons visiting this site and utilizing such services do so strictly by their own accord.
NO MEDICAL ADVICE
USER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT NO MEDICAL ADVICE IS PROVIDED BY THIS WEBSITE AND SUCH CONTENT IS INFORMATIONAL ONLY. VISITORS TO THIS WEBSITE SHOULD NOT AND SHALL NOT RELY ON ANY CONTENT AND AGREE THAT THERE HAS BEEN NO ADVICE EXTENDED, NO OFFER, ACCEPTANCE, OR RELATIONSHIP OF ANY KIND CREATED HEREBY. NO MEDICAL ADVICE HAS BEEN PROVIDED BY SKINTOLOGY AND NO CONTENT HAS BEEN TAKEN TO MEAN SAME. THE VALIDITY OF INFORMATION CONTAINED HEREIN AND THE ACCURACY HEREOF HAS NOT BEEN VERIFIED AND SOURCES HAVE NOT BEEN RESEARCHED.
OTHER BUSINESSES
We provide links to the sites of financing companies and certain other businesses (for example only: www.carecredit.com). We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Skintology does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SKINTOLOGY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SKINTOLOGY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SKINTOLOGY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SKINTOLOGY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SKINTOLOGY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKINTOLOGY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
UNDER NO CIRCUMSTANCES SHALL SKINTOLOGY OR ITS AFFILIATES, SUBSIDIARIES, PARENT OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMACE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, SKINTOLOGY DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SKINTOLOGY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT SKINTOLOGY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE MATERIAL DISPLAYED ON OUR SITE IS PROVIDED “AS IS” AND WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, SKINTOLOGY HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR: LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR DAMAGES, SKINTOLOGY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
APPLICABLE LAW
By visiting skintologyny.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Skintology.
DISPUTES
Any dispute relating in any way to your visit to Skintologyny.com or to products or services sold or distributed by Skintology or through skintologyny.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to skintologyny.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Skintology
181 Seventh Avenue
New York, NY 10011
Notice and Procedure for Making Claims of Trademark or Copyright Infringement
If you believe that your work has been copied in a way that constitutes an infringement of your intellectual property rights, please provide Skintology the written information specified below. Please note that this procedure is exclusively for notifying Skintology that your protected material has been infringed.
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, including the auction ID number, if applicable |
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 owner of the intellectual property or authorized to act on the intellectual property owner’s behalf. |
Any notice of claims of infringement on its site should be sent as follows:
Skintology
181 Seventh Avenue
New York, NY 10011 |
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