Terms and Conditions

This World Wide Web site with its home page at Livadskincare.com (the “Website”), is an information service provided by Livad Skincare, LLC (“Livad”), at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use Agreement. The Website is comprised of various web pages and a shopping cart operated by the Livad or its Affiliates. Your use of the Websites constitutes your agreement to all such terms, conditions and notices.  Livad reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. In the event that any of the terms, conditions, and notices contained herein conflict with any other terms and guidelines contained within any particular Website, then these terms shall control. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.

 

General

 

You acknowledge that the information on the Website is provided ‘as is’ for general information only. It is not intended to provide advice of any type including medical or health related advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. The owners of this information do not recommend the self-management of health problems.  Information obtained from this Web site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.  Should you have any health care related questions, please call or see your physician or other health care provider promptly.  You should never disregard medical advice or delay in seeking it because of something you have read here.

 

You agree that you will hold harmless Livad and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Livad or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if Livad has been advised of the possibility of such damages.

 

You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Livad.

 

Livad may provide links on the Website to other websites which are not under the control of Livad. In general, any website which has an address (or URL) not containing ‘http://www.livadskincare.com’ is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by Livad of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

 

The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by Livad, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Livad’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of Livad.

 

This Website (excluding linked sites) is controlled by Livad which is headquartered in the State of New York, in the United States of America. It may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of New York, by accessing this Website you agree that the statutes and laws of the State of New York, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of New York County, New York and the United States District Court for the Southern District of New York with respect to such matters. Livad makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.

 

All text and electronic images on this Website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or sales marks of Livad, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.

 

Personal and Noncommercial Use Limitation

 

Unless otherwise specified, the Company Web Sites are for your personal and noncommercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Company Web Sites.

 

As a condition of your use of the Website, you warrant to Livad that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices.  You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

 

You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked ‘Livad Skincare, LLC’, (b) the link must ‘point’ to the URL ‘http://www.livadskincare.com’ and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Livad’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than Livad is associated with or sponsored by Livad, (e) the link, when activated by a user, must display this Website full-screen and not within a ‘frame’ on the linked website, and (f) Livad reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by Livad.

 

Use of Communication Services

 

The Company Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.  BY way of example, and not as limitation, you agree that when using a Communication Service, you will not:

  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages
  • Conduct or forward surveys, contests, pyramid schemes or chain letters
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or label of the origin or source of software or other material contained in a file that is uploaded
  • Restrict or inhibit any other user from using and enjoying the Communication Services
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent
  • Violate any applicable laws or regulations

The Company has no obligation to monitor the Communication Services; however, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any action resulting from your participation in any Communication Service.  Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

Materials Provided to the Company or Posted at Any Company Web Site

 

The Company does not claim ownership of the materials you provide to the Company (including feedback and suggestions) or post, upload, input or submit to any Company Web Site or its associated services (collectively, Submissions).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein.  The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Software Available on the Company Web Sites

 

Software (if any) that is made available to download from the Company Web Sites, excluding software that may be made available by end users through Communication Service (Software) is the copy righted work of the Company and/or its suppliers.  Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement).  You may not install or sue any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.  For any Software not accompanied by a License Agreement, the Company hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing an otherwise using the particular Company Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices.  All Software is owned by the Company and/or its suppliers and is protected by copyright laws and international treaty provisions.  Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.  WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FUTHER REPRODUCTION RO REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRENTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.  You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States.  You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States export restrictions.

 

Liability Disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPNY WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COMPANY WEB SITES AT ANY TIME.  ADVICE RECEIVED BIA THE COMPANY WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUTATION.

THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVIALABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE COMPANY WEB SITES FOR ANY PURPOSE.  ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  THE COMPANY AND/OR ITS RESPECTIVE SUPPIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT, SHALL THE COMPANY AND/OR ITS SUPPIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATAT OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE COMPAN WEB SITES, WITH THE DELAY OR INABILITY TO USE THE COMPANY WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGHT THE COMPANY WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE COMPANY WEB SITES, WHETHER BASED ON CONTRACT, TOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITAIOTN OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY WEB SITES.

 

Special Notice for Subscription-Based Content

           

Some contents and/or services on the Company Web Sites may be offered to you conditioned on our purchase of a subscription.  If you elect to purchase subscription based content or services and transmit to the Company a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes.  You may cancel your subscription to any fee based content and/or services by submitting a request on our CONTACT page.  No cancellation of access to free content and/or services or to non-renewing subscription is required.  Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your coworkers.  Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

 

Termination/Access Restriction

 

            The Company reserves the right, in its sole discretion, to terminate your access to any or all Company Web Sites and the related services or any portion thereof at any time, without notice.

 

Miscellaneous

 

            If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

 

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Company with respect to the Company Web Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Company Web Sites.

 

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extend and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Modification of Terms of Use

 

The Company reserves the right to change the terms, conditions, and notices under which the Company Web Sites are offered, including but not limited to the charges associated with the use of the Company Web Sites.  You are responsible for regularly reviewing these terms and conditions.

 

Copyright and Trademark Notices

 

            All contents of the Company Web Sites are: Copyright 2015 Livad Skin Care, LLC and/or its suppliers.  All rights reserved.

 

Trademarks

 

All proper names appearing on the Company Web Sites are either trademarks or registered trademarks of the Company.  The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 

The example companies, organizations, products, people and events depicted herein are fictitious.  No association with any real company, organization, products, person, or event is intended or should be inferred.

 

Any rights not expressly granted herein are reserved.