TERMS OF USE

Ownership of Site

Agreement to Terms of Use These Terms and Conditions of Use (the “Terms of Use”) apply to the Infinite Skin web site located at www.infiniteskin.com, and all associated sites linked to www.infiniteskin.com by Infinite Skin, LLC, its subsidiaries and affiliates, including Infinite Skin sites around the world (collectively, the “Site”). The Site is the property of Infinite Skin, LLC (“Infinite Skin”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Infinite Skin reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Content All text, graphics, trademarks, logos, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Infinite Skin, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Use of Site

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Infinite Skin server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Infinite Skin or others.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Purchases

Additional Terms of Sale apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. To view the Terms of Sale, click here. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Infinite Skin may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Infinite Skin makes no commitment to update the materials on the Site with respect to such products and services.

Product Disclaimers

THE READER/USER SHOULD CONFIRM THE INFORMATION IN THE INSTRUCTIONS WITH OTHER SOURCES PRIOR TO USE. IN PARTICULAR, ALL CONCENTRATIONS, CHEMICALS, INDICATIONS, AND CONTRAINDICATIONS SHOULD BE CONFIRMED IN THE PACKAGE INSERT BY THE READER. READER/BUYER AGREES BY USING THIS PRODUCT AND INSTRUCTIONS THAT THEY ARE ENTERING INTO A LEGALLY BINDING CONTRACT TO NOT HOLD INFINITE SKIN, AUTHOR, SELLER, OR ANY OTHER PARTY INVOLVED WITH THE CREATION OF THESE PRODUCTS AND INSTRUCTIONS RESPONSIBLE IN ANY WAY FOR ANY RESULTS, DAMAGE OR INJURY OBTAINED FROM THE CORRECT OR INCORRECT USE OR STORAGE OF THIS PRODUCT AND INSTRUCTIONS. THIS PRODUCT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO PART OF THIS IS TO BE TAKEN AS MEDICAL ADVICE. FOR PROPER MEDICAL ADVICE SEE YOUR LOCAL DOCTOR OR PHYSICAN. BY USING THIS PRODUCT WITHOUT REFERRING TO A REGISTERED PHYSICIAN CONSTITUTES USING IT AT YOUR OWN RISK. INFINITE SKIN IS NOT IN ANY WAY HELD RESPONSIBLE FOR ANY NEGATIVE OR DAMAGING SIDE EFFECTS THAT MAY BE OBTAINED FROM THE USE OF ANY OF OUR PRODUCTS WHETHER IT WAS USED CORRECTLY OR INCORRECTLY BY ANY PERSON. PLEASE USE THESE PRODUCTS AT YOUR OWN DISCRECTION. NO WARRANY, EXPRESSED OR IMPLIED, REGARDING THESE PRODUCTS, THE HAZARDS CONNECTED WITH THE IMPROPRER OR PROPER USE OF THIS PRODUCT, OR THE RESULTS TO BE OBTAINED FROM THE USE THEREOF, IS MADE. THIS PRODUCT IS NOT FOR EVERYONE AND MAY BE HARMFUL TO PEOPLE OF ETHNIC ORIGIN WITH DARKER SKIN TONES AND IS NOT RECOMMEDED IN THESE CASES. FOR PROPER EVALUATION SEE YOUR LOCAL DOCTOR OR PHYSICIAN. PLEASE DO NOT PURCHASE IF YOU DO NOT AGREE TO THIS PRODUCT DISCLAIMER IN ITS ENTIRETY.

The above disclaimer applies to any damages, liability or injuries caused by proper or improper use of any Infinite Skin products and instructions.

Privacy Policy

Infinite Skin’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Infinite Skin’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Infinite Skin Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Infinite Skin’s control, and Infinite Skin is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Site Disclaimers

INFINITE SKIN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. INFINITE SKIN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. INFINITE SKIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFINITE SKIN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY INFINITE SKIN SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST INFINITE SKIN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Limitation of Liability Except where prohibited by law, in no event will Infinite Skin be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Infinite Skin has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Infinite Skin is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Infinite Skin’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Infinite Skin, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Infinite Skin by any third party due to or arising out of or in connection with your use of the Site.

Limitation of Liability

IN NO EVENT SHALL INFINITE SKIN, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU

Violation of These Terms of Use

Infinite Skin may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Infinite Skin’s rights or property, or the rights or property of visitors to or users of the Site, including Infinite Skin’s customers. Infinite Skin reserves the right at all times to disclose any information that Infinite Skin deems necessary to comply with any applicable law, regulation, legal process or governmental request. Infinite Skin also may disclose your information when Infinite Skin determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Infinite Skin may preserve any transmittal or communication by you with Infinite Skin through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Infinite Skin determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Infinite Skin, its employees, users of or visitors to the Site, and the public. If Infinite Skin does take any legal action against you as a result of your violation of these Terms of Use, Infinite Skin will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Infinite Skin. You agree that Infinite Skin will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Sacramento County, California, and waive any objection to such jurisdiction or venue. The information contained in this web site is subject to change without notice.