Welcome
to our website (the "Website"). Unfading
Beauty Clinical Skin Care ("Unfading Beauty", "UB,
Inc.", "we", "us" or "our")
provides the services available on the Website
to you subject to the following terms and conditions
(the "Terms and Conditions"). By
accessing or using the Website, you are acknowledging
that you have read, understand, and agree,
without limitation or qualification, to be
bound by these Terms and Conditions.
1. Accuracy of Information
We attempt to be as accurate as possible
when describing our products on the Website;
however, to the extent permitted by applicable
law, we do not warrant that the product descriptions,
colors or other content available on the
Website is accurate, complete, reliable,
current, or error-free.
2. Intellectual Property
All content available on the Website,
including, but not limited to, text, graphics,
logos, button icons, images, audio clips,
data compilations, and software, and the
compilation thereof (the "Content")
is the property of Unfading Beauty Clinical
Skin Care, UB, Inc., and is protected by
United States and international copyright
laws.
The trademarks, logos, and service marks
displayed on the Website (collectively,
the "Trademarks") are the registered
and unregistered marks of Unfading Beauty
Clinical Skin Care in the United States
and other countries, and are protected
by United States and international trademark
laws. All other Trademarks not owned by
us that appear on the Website are the property
of their respective owners, who may or
may not be affiliated with, connected to,
or sponsored by us.
Except as set forth in the limited license
in Section 3 below, or as required under
applicable law, neither the Content, the
Trademarks, nor any other portion of the
Website may be used, reproduced, duplicated,
copied, sold, resold, accessed, modified,
or otherwise exploited, in full or in part,
for any purpose without our prior written
consent.
3. Limited License
We grant you a limited, revocable, and non-exclusive
license to access and make personal use of
the Website. Please note that you may not
frame or utilize framing techniques to enclose
the Website or any portion thereof without
our prior written consent.
The limited license set forth in this Section
3 does not include the right to: (i) modify
or download the Website or its contents (except
caching or as necessary to view content);
(ii) make any use of the Website or its Content
other than personal use; (iii) create any
derivative work based upon either the Website
or its Content; (iv) collect account information
for the benefit of another party; (v) use
any meta tags or any other "hidden text" utilizing
our name or the Trademarks without our express
written consent; or (vi) use software robots,
spiders, crawlers, or similar data gathering
and extraction tools, or take any other action
that may impose an unreasonable burden or
load on our infrastructure.
You are granted a limited, revocable, and
nonexclusive right to create a hyperlink
to the home page of the Website for personal,
non-commercial use only. A website that links
to our Website (i) may link to, but not replicate,
our Content; (ii) may not imply that we are
endorsing such website or its services or
products; (iii) may not misrepresent its
relationship with us; (iv) may not contain
content that could be construed as distasteful,
obscene, offensive or controversial, and
may contain only content appropriate for
all ages; (v) may not portray us or our products
or services, in a false, misleading, derogatory,
or otherwise offensive or objectionable manner,
or associate us with undesirable products,
services, or opinions; (vi) may not use any
Trademark without express written permission;
(vii) may not link to any page of the Website
other than the home page. We may, in our
sole discretion, request that you remove
any link to the Website, and upon receipt
of such request, you shall immediately remove
such link.
Any unauthorized use by you of the Website
terminates the limited license set forth
in this Section 3 without prejudice to any
other remedy provided by applicable law.
4. Third Party Links
We are not responsible for the content of
any off-Website pages or any other websites
linked to or from the Website. Links appearing
on the Website are for convenience only and
are not an endorsement by us of the referenced
content, product, service, or supplier. Your
linking to or from any off-Website pages
or other websites is at your own risk. We
are in no way responsible for examining or
evaluating, and we do not warrant the offerings
of, off-Website pages or any other websites
linked to or from the Website, nor do we
assume any responsibility or liability for
the actions, content, products, or services
of such pages and websites, including, without
limitation, their privacy statements and
terms and conditions. You should carefully
review the terms and conditions and privacy
policies of all off-Website pages and other
websites that you visit.
5. Submissions
We welcome inquiries or feedback on the
products you use or might like to purchase,
however it is our policy to decline unsolicited
suggestions and ideas. Notwithstanding our
policy with regard to unsolicited suggestions
and ideas, any inquiries, feedback, suggestions,
ideas or other information you provide us
(collectively, "Submissions") will
be treated as non-proprietary and non-confidential.
By transmitting or posting any Submission,
you hereby grant us a nonexclusive, royalty-free,
perpetual, transferable, irrevocable, and
fully sublicensable right to use, reproduce,
modify, adapt, publish, sell, assign, translate,
create derivative works from, distribute,
and display any Submission in any form, media,
or technology, whether now known or hereafter
developed, alone or as part of other works.
You also acknowledge that your submission
may not be returned and we may use your Submission,
and any ideas, concepts or know how contained
therein, for any purpose including, without
limitation, developing, manufacturing, distributing
and marketing products.
If you make a Submission, you represent and
warrant that you own or otherwise control
the rights to your Submission. You further
represent and warrant that such Submission
does not constitute or contain software viruses,
commercial solicitation, chain letters, mass
mailings, or any form of "spam." You
may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead
us as to the origin of any Submission. You
agree to indemnify us for all claims arising
from your claims to any rights in any Submission.
6. Representations and Warranties; Limitation
of Liability
THE WEBSITE IS PRESENTED "AS IS." WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED,
IN CONNECTION WITH THESE TERMS AND CONDITIONS
OR THE WEBSITE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS
SUCH REPRESENTATIONS AND WARRANTIES ARE
NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE
OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR
ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE;
(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (d)
LOSS OR DAMAGES OF ANY SORT INCURRED AS
A RESULT OF DEALINGS WITH OR THE PRESENCE
OF OFF-WEBSITE LINKS ON THE WEBSITE; (e)
COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION
WHICH MAY OCCUR IN CONNECTION WITH YOUR
USE OF THE WEBSITE, INCLUDING DURING HYPERLINK
TO OR FROM THIRD PARTY WEBSITES; OR (f)
EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM 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 THE WEBSITE REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED ONE HUNDRED
DOLLARS ($100.00).
7. Indemnification
You agree to defend, indemnify and hold
us harmless for any loss, damages or costs,
including reasonable attorneys' fees, resulting
from any third party claim, action, or demand
resulting from your use of the Website. You
also agree to indemnify us for any loss,
damages, or costs, including reasonable attorneys'
fees, resulting from your use of software
robots, spiders, crawlers, or similar data
gathering and extraction tools, or any other
action you take that imposes an unreasonable
burden or load on our infrastructure.
8. Disputes
With respect to any dispute regarding the
Website, your rights and obligations and
all actions contemplated by these Terms and
Conditions shall be governed by the laws
of Illinois, as if the Terms and Conditions
were a contract wholly entered into and wholly
performed within Illinois. Any dispute relating
in any way to your visit to the Website shall
be submitted to confidential arbitration
in Illinois, except that, to the extent you
have in any manner violated or threatened
to violate our intellectual property rights,
we may seek injunctive or other appropriate
relief in Illinois, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under
the rules then prevailing of the American
Arbitration Association. The arbitrator's
award shall be binding and may be entered
as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable
law, no arbitration under this Agreement
shall be joined to an arbitration involving
any other party subject to this Agreement,
whether through class arbitration proceedings
or otherwise.
9. General
You acknowledge and agree that these Terms
and Conditions constitute the complete and
exclusive agreement between us concerning
your use of the Website, and supersede and
govern all prior proposals, agreements, or
other communications.
We reserve the right, in our sole discretion,
to change these Terms and Conditions at any
time by posting the changes on the Website.
Any changes are effective immediately upon
posting to the Website. Your continued use
of the Website constitutes your agreement
to all such terms and conditions. We may,
with or without prior notice, terminate any
of the rights granted by these Terms and
Conditions. You shall comply immediately
with any termination or other notice, including,
as applicable, by ceasing all use of the
Website.
Nothing contained in these Terms and Conditions
shall be construed as creating any agency,
partnership, or other form of joint enterprise
between us. Our failure to require your performance
of any provision hereof shall not affect
the full right to require such performance
at any time thereafter, nor shall our waiver
of a breach of any provision hereof be taken
or held to be a waiver of the provision itself.
In the event that any provision of these
Terms and Conditions shall be unenforceable
or invalid under any applicable law or be
so held by any applicable court decision,
such unenforceability or invalidity shall
not render these Terms and Conditions unenforceable
or invalid as a whole. We will amend or replace
such provision with one that is valid and
enforceable and which achieves, to the extent
possible, our original objectives and intent
as reflected in the original provision.
If you have any questions regarding these
Terms and Conditions, please contact us by
e-mail at facials@unfadingbeauty.com