Terms Of Use

Website Terms of Use ("Terms of Use")

Last updated: April 4th, 2016

Please read these terms ("Terms of Use") carefully before using the www.auspectskincare.com website (the "Website") which is operated by Auspect Skincare International LLC ("us", "we", or "our").

These Terms of Use set out the legal terms and conditions on which we allow you to use the Website (whether as a registered user or a visitor). Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms of Use.

By accessing or using the Website you agree to be bound by these Terms of Use without any limitations. If you do not accept these Terms of Use, you do not have permission to access the Website and should leave the Website now.

WEBSITE

Whilst we attempt to be as accurate as possible, as we are constantly updating product and service offerings on the Website, the information found on the Website may contain errors or inaccuracies and may not be complete or current. Therefore we cannot guarantee the accuracy or completeness of any information found on the Website. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note where any such error relates to pricing and availability, we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Auspect Skincare International LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, be secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

PRIVACY

We will only use your personal information in accordance with our Privacy Policy, available at Privacy Policy. Please take the time to review this policy as it includes important information.

PURCHASES

If you wish to purchase any product or service made available through the Website ("Purchase"), please refer to our Terms and Conditions of Sale (hyperlink), which will apply to your purchase. If you do not accept our Terms and Conditions of Sale, you are not permitted to buy products from us through the Website.

Please note when purchasing via this Website you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Website may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

YOUR ACCOUNTS AND PASSWORD

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

INTELLECTUAL PROPERTY

The Website and all its content and information including but not limited to trademarks, logos, service marks, text, graphics, images, audio clips, data compilations and software (collectively, the "Intellectual Property") is exclusive property of Auspect Skincare International LLC and its licensors, and is protected by United States and international laws.

You do not have a right to use and must not use our Intellectual Property and must not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise used for commercial purposes, in whole or in part, without the prior written consent of Auspect Skincare International LLC. You may download material from the Website solely for non-commercial, personal use by you.

LINKS TO THIRD PARTY SITES

Our Website may contain links to third party web sites or services that are not owned or controlled by Auspect Skincare International LLC.

Auspect Skincare International LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Auspect Skincare International LLC 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from these Terms of Use or our Terms and Conditions of Sale. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use or our Terms and Conditions of Sale, the Promotion rules will apply.

COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@auspectskincare.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.

DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at dmca@auspectskincare.com.

TERMINATION

We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Use.

If you wish to terminate your account, you may simply discontinue using the Website.

If you wish to delete your account on our Website, please contact us by email customerservice@auspectskincare.com and include your request along with name, surname, username, email address and reason you wish to delete your account. We will process your request as soon as reasonably possible.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Auspect Skincare International LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password, or b) a breach of these Terms of Use.

LIMITATION OF LIABILITY

In no event shall Auspect Skincare International LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW

These Terms of Use shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

CONTACT US

If you have any questions about these Terms of Use, please contact us at customerservice@auspectskincare.com