1. Ownership of Website Content
The content on the ClarityRx Clinical Skin Care, Inc. Website, which includes, among other items, text, graphics, logos, button icons, images, audio clips, data compilations and software, (the “Content”) is the property of ClarityRx Clinical Skin Care, Inc. or our partners, licensors, and suppliers and is protected by United States and international copyright laws. The Register ® trademarks, logos, and service marks displayed on the Website (the “Registered ® Trademarks”) are the marks of ClarityRx Clinical Skin Care, Inc. or of our partners, licensors, and suppliers in the United States and other countries, and are protected by United States and international trademark laws. Part 2 below grants you a limited right to use the Website Content. Other than this limited right, or as required under applicable law, you may not use, reproduce, duplicate, copy, sell, access, modify, or otherwise exploit any of the Website Content nor the Registered ® Trademarks without first obtaining our written consent.
2. Limited Right to Access and Use Our Website
You are allowed to access and make use of our Website on a limited and non-exclusive basis. You may not transfer this right of use to anyone else and we may cancel this right at any time. You may not use the Website or the Content for any of the following: (i) to reverse-engineer, reproduce, republish, translate into any language or computer language, re-transmit in any form or by any means, resell or redistribute, download or modify the Website or its Content (except caching or as necessary to view the Website and except to the extent otherwise required by law or as expressly allowed by our Website); (ii) to create any derivative work based upon either the Website or the Content or to disguise the origin of information transmitted via the Website; (iii) to frame or to use framing techniques to enclose the Website or any portion of it; (iv) to gather, sell, offer for sale, display, publicly perform, import, distribute, or otherwise use the Content in any way, unless expressly permitted to do so by us in writing; (v) to use any meta-tags or any other hidden content functions that use our name or the Registered ® Trademarks or to otherwise use the Registered ® Trademarks; (vi) to use or access the Website in any way that, in our judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website, (vii) to input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any Content or the Website or that infringes the Registered ® Trademarks, or (viii) to access or use in any manner the areas of the Website that are restricted to authorized persons only (unless you are such an authorized person). Your limited right to access and use the Website includes the right to create a hyperlink to the home page of our Website, but only to the home page (www.clarityclinicalskincare.net), unless you have signed a linking agreement with us. If you do create a link to our Website you may not:
- replicate the Content
- misrepresent your relationship with us
- imply that we, in any manner, endorse your products, services, or offerings
- include material on your website that may be construed as illegal, obscene, distasteful, offensive, or controversial (and you may include on your website only material that is appropriate for all age groups)
- present false, misleading, inaccurate, or derogatory information about us or our products and services (nor may you associate us with undesirable products, services, or opinions)
- use the Registered ® Trademarks without our written permission
Any unauthorized use by you of our Website terminates any and all of the rights of access and use that are outlined above without prejudice to any other remedy provided by law or these Terms and Conditions.
We do not accept ideas or suggestions for products or services through our Website. However, if we receive ideas or suggestions (or inquiries, feedback or any other information submitted by you), you acknowledge that (a) such items will not be considered confidential or proprietary and that we are under no obligation to keep such items confidential, and (b) we will have a royalty-free, irrevocable, world-wide right to use, communicate, reproduce, publish, display, distribute, and exploit such items in any manner we may choose.
4. Outbound Links
Our Website may contain links to third-party websites. These links are provided solely as a convenience and not as an endorsement by us of the content on such linked websites. Your use of these linked sites is voluntary and at your own risk. We make no representations or warranties regarding any linked site, including but not limited to, the accuracy or performance of any linked site, its content, or service capability. We are not responsible for the availability of any linked site.
5. Limitation of Liability; Representations and Warranties
OUR WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. WE ATTEMPT TO BE ACCURATE IN THE DESCRIPTION OF OUR PRODUCTS. HOWEVER, TO THE EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS OR OTHER CONTENT AVAILABLE ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE. THIS INCLUDES BUT IS NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, BUT ONLY TO THE EXTENT THESE REPRESENTATIONS AND WARRANTIES ARE ALLOWED BY LAW TO BE EXCLUDED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO OUR WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED FIFTY DOLLARS ($50.00). YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHER THEORY) FOR ANY (A) INTERRUPTION TO YOUR BUSINESS; (B) PROBLEMS WITH ACCESS TO OUR WEBSITE; (C) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS YOU MAY EXPERIENCE FROM USING OUR WEBSITE; (D) LOSS INCURRED AS A RESULT OF YOUR USE OF LINKS TO THIRD PARTY WEBSITES; (E) ANY DATA PROBLEMS, INCLUDING BUT NOT LIMITED TO, NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) ANY INACCURACIES OR OMISSIONS IN OUR WEBSITE OR FOR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from (a) any third party claim, action, or demand resulting from your use of our Website, and (b) your use of our Website in a manner that is in violation of any of the rules or restrictions set out in these Terms and Conditions such that it imposes an unreasonable burden or load on our Website or its infrastructure or otherwise materially and adversely affects the operation of our Website. For purposes of this part 6, the term “us” refers to ClarityRx Clinical Skin Care, Inc. and its members, owners, officers, directors, agents, and employees.
7. Dispute Resolution
All disputes regarding the Website or these Terms and Conditions shall be governed by the laws of the State of California (without regard to its conflicts of laws provisions). Any dispute regarding our Website or your use of our Website shall be submitted to confidential arbitration in the State of California. Such arbitration shall be conducted pursuant to the then current rules of the American Arbitration Association. Any award of an arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the extent permitted by law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions.
This provision for arbitration shall not be construed to prevent the exercise of us to seek injunctive relief from any court (the exclusive jurisdiction and venue of which you consent to by accessing or using our Website) in the event of your unauthorized use of the Registered ® Trademarks or any action on your part that is in violation of parts (2)(vi), (2)(vii), or the limitations in part (2) regarding the use of hyperlinks (because you agree, by accessing or using our Website, that any such violation will cause irreparable harm to us for which adequate damages will not be calculable); provided, however, such injunction is to be effective no longer than the time period before the decision through arbitration is rendered. Any such injunctive relief may be granted without the requirement of posting a bond or any other form of security.