Terms of Service
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 BeautyRx.com website ("BeautyRx.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 BeautyRx.com Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2011, BeautyRx Skincare by Dr. Schultz. 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.
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.
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.
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).
We may deliver notice to you under this Agreement by means of electronic mail, a general notice on the BeautyRx.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: BeautyRx Skincare by Dr. Schultz, 1130 Park Avenue, New York, NY 10028.
BEAUTYRX.COM IS OWNED AND OPERATED BY BEAUTYRX SKINCARE BY DR. SCHULTZ.