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Last updated: January 27, 2005
IMPORTANT: PLEASE READ CAREFULLY BEFORE PROCEEDING.
If you have comments or questions about this web site, please send
an email to
Webmaster@aidanceskincare.com.
We can also be reached by phone at (401)-223-3000, Fax (401)
223-7000, or US Mail at Aidance Skincare & Topical Solutions, One
Turks Head Place, Suite 810, Providence, RI 02903.
Acceptance of Terms:
Aidance Skincare & Topical Solutions ("AIDANCE SKINCARE™")
thanks you for visiting its
www.aidanceskincare.com website ("AIDANCE SKINCARE Website"),
which contains information, products ("Products") and services
("Services") relating to the AIDANCE SKINCARE Products, subject to
the terms and conditions set forth below (these "Terms of Use"). By
accessing or using the AIDANCE SKINCARE Website you agree to be
bound by these Terms of Use. AIDANCE SKINCARE reserves the right to
change these Terms of Use from time to time at its sole discretion.
Your use of this AIDANCE SKINCARE Website will be subject to the
most current version of these Terms of Use posted on the AIDANCE
SKINCARE Website at the time of such use. In addition, the purchase
of Products and Services through the AIDANCE SKINCARE Website may be
subject to further terms and conditions in addition to these Terms
of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU
ARE NOT AUTHORIZED TO USE THE AIDANCE SKINCARE WEBSITE AND MUST EXIT
AT ONCE. IF YOU BREACH THESE TERMS OF USE, YOUR AUTHORIZATION TO USE
THE AIDANCE SKINCARE WEBSITE WILL AUTOMATICALLY TERMINATE.
General:
All information contained on the AIDANCE SKINCARE Website,
including information relating to infectious conditions, products
and treatments, is for informational purposes only. This information
is not meant to be a substitute for the advice provided by your own
physician or other medical professionals, or any information
contained on or in any product packaging or labels.
You represent and warrant that you are at least 18 years of age or
the age required or allowed under applicable law for making a legal
and binding contract.
YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE AIDANCE SKINCARE
WEBSITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION.
YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE
MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND
LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE AIDANCE SKINCARE
WEBSITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN, OR OTHER
QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT
DISCUSSED WITHIN THIS, OR ANY OTHER, WEBSITE.
PLEASE BE ADVISED THAT AIDANCE SKINCARE HAS NOT BEEN EVALUATED BY
THE US FOOD AND DRUG ADMINISTRATION.
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Limited to the United States:
The information on this AIDANCE SKINCARE Web site pertaining to
AIDANCE SKINCARE’s products is intended for use only by customers,
patients, and health care professionals in the United States. Other
countries may have laws, regulatory requirements, and medical
practices that differ from those in the United States and may
require references to different or additional information. Because
of these various laws, regulations, and medical practices,
information designed to be used in one country may not be
appropriate for use outside that country. Therefore, product
information on this Web site may not be appropriate for residents of
countries other than the United States.
Trademarks:
Tetrasil®, Electron-Jumping Compounds®, Everything’s Going to Be
OK™, Aidance™ and other marks, logos, trade dress and the like
indicated on or used on the AIDANCE SKINCARE Website are owned by or
licensed to AIDANCE SKINCARE or its parent company Marantech Holding
LLC. AIDANCE SKINCARE’s trademarks and trade dress may not be used
in connection with any product or service that is not AIDANCE
SKINCARE’s, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits AIDANCE
SKINCARE. You may not use any AIDANCE SKINCARE logo or other
proprietary graphic or trademark contained on the AIDANCE SKINCARE
Website without the express written permission of AIDANCE SKINCARE.
Site Content:
You acknowledge and agree that the AIDANCE SKINCARE Website contains
information, data, software, photographs, graphics, videos, text,
images, typefaces, sounds, and other material (collectively
"Content") that is protected by copyright, trademark, or other
proprietary rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereinafter
developed. The Content and its selection, arrangement, and
coordination is protected as a copyrightable work under U.S.
copyright laws. Except as expressly permitted in these Terms of Use,
you may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole or in
part.
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License and Access to Aidance Skincare Website:
AIDANCE SKINCARE grants you a limited license to access and make
personal use of the AIDANCE SKINCARE Website. You may not download
(other than for page caching) or modify the AIDANCE SKINCARE
Website, or any portion of it, except with the express written
consent of AIDANCE SKINCARE. This limited license specifically
excludes the following: (a) any resale or commercial use of the
AIDANCE SKINCARE Website or its Content; (b) any collection and use
of any product listings, descriptions, or prices; (c) any derivative
use of the AIDANCE SKINCARE Website or the Content; (d) any
downloading or copying of account information for the benefit of
another merchant; or (e) any use of data mining, robots, or similar
data gathering and extraction tools. The AIDANCE SKINCARE Website,
or any portion thereof, may not be reproduced, duplicated, copied,
sold, resold, or otherwise exploited for any commercial purpose
without the express written consent of AIDANCE SKINCARE. You may not
frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page
layout, or forms) of AIDANCE SKINCARE and our affiliates without the
express written consent of AIDANCE SKINCARE. You may not use any
meta tags or any other "hidden text" utilizing AIDANCE SKINCARE’s
name or trademarks without the express written consent of AIDANCE
SKINCARE. Any unauthorized use of the AIDANCE SKINCARE Website will
result in immediate termination of this limited license granted by
AIDANCE SKINCARE. You are granted a limited, revocable, temporary,
and nonexclusive right to create a hyperlink to the home page of the
AIDANCE SKINCARE Website so long as the link does not portray
AIDANCE SKINCARE, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive manner.
If no specific restrictions are displayed, you may make copies of
select portions of the Content, provided that the copies are made
only for your personal, informational, and non-commercial use, and
that you do not alter or modify the Content in any way, and maintain
any notices contained in the Content, such as all copyright notices,
trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use
privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section
107), you may not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other
proprietary right.
Products Descriptions:
AIDANCE SKINCARE attempts to maintain the descriptions for all
Products, infectious conditions and Services as current and accurate
as possible. AIDANCE SKINCARE does not warrant, however, that such
descriptions or other content of the AIDANCE SKINCARE Website are or
will be accurate, complete, current, reliable, or error-free.
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Privacy Policy:
To the extent consistent with these Terms of Use, the terms and
conditions of AIDANCE SKINCARE’s privacy policy are incorporated
herein by reference and can be viewed by
clicking here.
User Comments:
You may submit product testimonials, comments, suggestions, ideas,
comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise
objectionable or injurious to third parties, and does not consist of
or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any other form of
"spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or
other content.
Unless otherwise provided by AIDANCE SKINCARE, you grant AIDANCE
SKINCARE and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, distribute, sell, create
derivative works from, and display throughout the world in any media
any such content submitted by you for any purpose whatsoever
including but not limited to developing, manufacturing, and
marketing products incorporating such information. You further grant
AIDANCE SKINCARE and its affiliates and sub-licensees the right to
use the name that you submit in connection with such content, if
they so choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the
content is accurate; that use of the content you supply does not
violate this policy and will not cause injury to any person or
entity; and that you will indemnify AIDANCE SKINCARE or its
affiliates for all claims resulting from content you supply. AIDANCE
SKINCARE has the right but not the obligation to monitor and edit or
remove any activity or content. AIDANCE SKINCARE takes no
responsibility and assumes no liability for any content posted by
you or any third party.
Links to Third Party Websites:
The AIDANCE SKINCARE Website may contain links to other websites,
directories, or services ("Linked Services"). These features are
provided by AIDANCE SKINCARE only as a convenience. The Linked
Services are not reviewed, controlled or examined by AIDANCE
SKINCARE in any way and you acknowledge and agree that AIDANCE
SKINCARE has no control over and is not responsible or liable for (i)
the availability or accuracy of the Linked Services; (ii) the
content, advertising, or products on or available from the Linked
Services; or (iii) any damage arising from or occasioned by the
creation or use of the Linked Services or the information or
material accessed through the Linked Services. The inclusion of any
link on the AIDANCE SKINCARE Website does not imply and should not
be inferred as an endorsement of the Linked Services. You
acknowledge that your use of the links and the Linked Services shall
be at your own risk.
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Warranties and Disclaimers:
THE AIDANCE SKINCARE WEBSITE IS PROVIDED BY AIDANCE SKINCARE ON AN
"AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH
HEREIN, AIDANCE SKINCARE MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AIDANCE
SKINCARE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS
INCLUDED OR AVAILABLE ON OR THROUGH THE AIDANCE SKINCARE WEBSITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE AIDANCE SKINCARE WEBSITE IS
AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIDANCE SKINCARE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, AIDANCE SKINCARE MAKES
NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE AIDANCE SKINCARE WEBSITE, THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF ANY SUCH PRODUCT OR SERVICES, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
AIDANCE SKINCARE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM AIDANCE SKINCARE OR THROUGH THE
AIDANCE SKINCARE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. AIDANCE SKINCARE MAKES NO WARRANTY THAT THE AIDANCE
SKINCARE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE AIDANCE
SKINCARE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE, OR THAT THE AIDANCE SKINCARE WEBSITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Limitation of Liability:
AIDANCE SKINCARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE
OR THE INABILITY TO USE THE AIDANCE SKINCARE WEBSITE OR FOR THE COST
OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER
INTANGIBLES, EVEN IF AIDANCE SKINCARE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations:
YOUR RIGHTS MAY VARY DEPENDING UPON THE JURISDICTION IN WHICH YOU
LIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
EXCLUSIONS IN THE ABOVE SECTIONS MAY NOT APPLY TO YOU. TO THE EXTENT
AIDANCE SKINCARE MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF LAW,
THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM
PERMISSIBLE UNDER APPLICABLE LAW.
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Indemnification:
You agree to indemnify and hold AIDANCE SKINCARE and its parents,
subsidiaries, affiliates, officers, directors, employees, agents,
contractors and successors in interest harmless from any and all
claims, costs, damages, losses, liabilities, and expenses (including
attorneys' fees and costs) arising out of or in connection with your
unauthorized use of the AIDANCE SKINCARE Website, or your breach of
these Terms of Use.
Entire Agreement/Amendments:
These Terms of Use constitutes the complete agreement between you
and AIDANCE SKINCARE concerning your use of the AIDANCE SKINCARE
Website and the subject matter set forth herein, and supersedes all
prior or contemporaneous negotiations, agreements or representations
between you and AIDANCE SKINCARE in respect thereof. These Terms of
Use may be amended, modified or supplemented by AIDANCE SKINCARE at
any time by posting such changes to the AIDANCE SKINCARE Website,
and such changes shall be effective from the time of such posting.
No other act, document, usage or custom shall be deemed to amend,
modify or supplement these Terms of Use.
Governing Law and Jurisdiction:
By using the AIDANCE SKINCARE Website you agree that these Terms of
Use and your use of the AIDANCE SKINCARE Website shall be governed
by and construed in accordance with the laws of the State of Rhode
Island applicable to contracts entered into and wholly performed
therein, without regard or reference to that body of law pertaining
to conflicts of laws. Any suits or controversies between you and
AIDANCE SKINCARE arising hereunder shall be adjudicated before a
court of competent jurisdiction located in Providence, Rhode Island.
Severability:
If the application of any provision hereof or any portion thereof to
either you or AIDANCE SKINCARE, shall be held by a court of
competent jurisdiction to be invalid, illegal or unenforceable, then
(i) such provision shall be reformed without further action by
either you or AIDANCE SKINCARE to the extent strictly necessary to
render such provision valid and enforceable when applied to you,
AIDANCE SKINCARE, or the particular facts or circumstances; and (ii)
the validity and enforceability of such provision as applied to the
other party or the particular facts or circumstances, and the
validity and enforceability of all of the other provisions hereof,
shall remain in full force and effect.
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Waiver:
Neither you nor AIDANCE SKINCARE shall be deemed by any act, delay,
or omission to have waived any of your/its respective rights or
remedies hereunder unless such waiver is in writing and signed by
the waiving party, and only to the extent specifically set forth in
said writing. A waiver, failure or delay in exercising any right,
power or privilege, or any single or partial exercise of any right,
power or privilege, will not act to preclude any subsequent or
further exercise of that or any other right, power or privilege.
Notices:
Any notice required or permitted to be given to AIDANCE SKINCARE
under these Terms of Use shall be given as follows: By electronic
mail to customerservice@aidanceskincare.com, or by letter sent by
first class postage prepaid mail to AIDANCE SKINCARE at: AIDANCE
SKINCARE & TOPICAL SOLUTIONS LLC, One Turks Head Place, Suite 810,
Providence, Rhode Island 02903 USA. AIDANCE SKINCARE may give notice
by means of a general notice via the AIDANCE SKINCARE Website,
electronic e-mail to your e-mail address on record in AIDANCE SKINCARE’s account information, if any, or by written communication
sent by first class mail to your address on record in AIDANCE
SKINCARE’s account information, if any. A change of address by you
shall only be effective if given in accordance with the provisions
of this Section.
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