Terms and Conditions
LOGICAL SKINCARE, LLC
TERMS OF SERVICE
Last Updated: SEPTEMBER 24, 2012
1. ACCEPTANCE OF TERMS
LOGICAL SKINCARE, LLC, its affiliates, subsidiaries, and partners (collectively, “Logical Skincare,” “we,” “us,” and “our”) provide our service to you, including information about our services and products (collectively, “Properties”) subject to the following Terms of Service (“Terms”). The Terms cover all information, data, and services available at http://www.recipeformenusa.com (collectively, the “Website,” hereinafter referred to as “Site”). We may update these Terms by posting a new version at http://www.recipeformenusa.com and your continued use of the Site after any such update constitutes your binding acceptance of such changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
2. INFORMATION YOU PROVIDE
We may ask you for certain information in order to provide you with products and services you request. By providing information on our Site, such as in conjunction with a request for products or services, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “User Data”) and maintain and promptly update your User Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Logical Skincare has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Logical Skincare may deny you access to areas of the Site or any products or services offered by Logical Skincare, at its sole discretion.
When you provide us with User Data, you may receive certain commercial communications from Logical Skincare related to content found on the Site. You may opt out of receiving these communications at any time by sending an email to firstname.lastname@example.org.
4. ACCOUNT PASSWORD AND SECURITY
The Site does not currently require registration, but may contain features that require registration (“Restricted Areas”) in the future. You are not required to register to use the Site, but may not be able to access some content without registration. At the time of registration for online account access, you will select a Username and Password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for all uses of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share them with anyone else; (b) immediately notify Logical Skincare of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access the Site’s Restricted Areas. Logical Skincare cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Logical Skincare is authorized to act on instructions received through use of your Password, and that Logical Skincare may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.
You acknowledge, consent and agree that Logical Skincare may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Logical Skincare, its users and the public.
5. NON-COMMERCIAL USE
By using the Site, you acknowledge and agree that the Site is for personal use only. You may copy information from the Site for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Site.
6. MODIFICATIONS TO SERVICE
Logical Skincare reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof), with or without notice. You agree that Logical Skincare shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
You agree that Logical Skincare may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Site or the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include (x) removal of access to all offerings within the Site’s Restricted Areas, (y) at Logical Skincare’s sole discretion, the deletion of all of your Site account information and other content associated with your Site account (or any part thereof), and (z) barring further use of the Site Restricted Areas.
8. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Site, including payment for and delivery of related goods and services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Logical Skincare shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site.
The Site may provide links to other World Wide Web sites or resources. Because Logical Skincare has no control over such sites and resources, you acknowledge and agree that Logical Skincare is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Logical Skincare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify, defend, and hold Logical Skincare and its subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, any transaction resulting from use of the Site, your connection to the Site, your violation of these Terms, your submission, posting, or transmission of personally identifiable information or other data to the Site, and/or your violation of any rights of another.
11. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Site are owned by Logical Skincare or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Logical Skincare, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part, or based upon any materials found on the Site.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOGICAL SKINCARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. LOGICAL SKINCARE DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION RELATING TO PRICES OR AVAILABILITY. LOGICAL SKINCARE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZED SETTINGS OR USER MATERIALS
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOGICAL SKINCARE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT LOGICAL SKINCARE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOGICAL SKINCARE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LOGICAL SKINCARE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
14. EXCLUSIONS AND LIMITATIONS
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.
15. TRADEMARK INFORMATION
The Site contains trademarks and service marks belonging to Logical Skincare and its licensors (the “Logical Skincare Marks”). You agree that you will not use or display the Logical Skincare Marks in any manner, without the prior written permission of Logical Skincare.
16. CHOICE OF LAW
The Terms and the relationship between you and Logical Skincare shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.
18. GENERAL INFORMATION
Entire Agreement. The Terms constitutes the entire agreement between you and Logical Skincare with respect to the Site and supersedes any prior agreements, oral or written, between you and Logical Skincare.
Waiver and Severability of Terms. The failure of Logical Skincare to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.