Terms of Use - Timeless Secret® With Intuitive Radiance Complex™ Official Web site

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Welcome to Breakthrough in Beauty^® and its related sites (the "Site"), provided by Product Partners, LLC. These Terms of Use and any amendments thereto (the "Terms") govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with Product Partners for products, services, or otherwise. If you register for other features, such as Message Boards or the Skin Analysis survey and results, additional rules, policies, and disclaimers may apply.

Privacy Policy

Users of this Site should refer to Breakthrough In Beauty’s Privacy Policy for information about how Product Partners uses and collects information. You agree that Product Partners may disclose your personal information to a third party if Product Partners believes in good faith that the law or legal process requires it, to protect the rights or property of Product Partners or others, or as otherwise described in the Privacy Policy for Breakthrough in Beauty.

Product Information

For questions about the products on this Site, please use the customer service email links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the email receipt you receive or by visiting the online Customer Service Center.

Our Guarantee

All products on the Site carry at least a 30-day money-back guarantee (less shipping and handling) from the date of delivery from the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase. For specific information pertaining to the guarantee for each product offered on the Site, please refer to each product's applicable Web page and guarantee information. Should you experience any difficulty or delay in returning a product and securing the proper refund, please visit our online Customer Service Center.

Order and Payment Information

If you use the Site to purchase a product, payment must be received by Product Partners prior to Product Partners' acceptance of an order, unless otherwise agreed by Product Partners. Product Partners may need to verify information you provide before Product Partners accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment has already been made and your order is canceled or limited, Product Partners will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Product Partners expressly conditions its acceptance of your order on your agreement to the Terms.

In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Product Partners is registered to you. Product Partners shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Product Partners. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.

All prices displayed on the Site are quoted in U.S. dollars. Product Partners may prohibit delivery to addresses outside the United States and Canada. Product Partners will add shipping and handling fees and applicable sales/use tax. Product Partners reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by Product Partners on the Site do not imply endorsement of that product, or constitute a warranty, by Product Partners.

Shipping

Unless otherwise noted, Product Partners will use its best efforts to ship products within four (4) weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by Product Partners to you is Product Partners' good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Product Partners shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Product Partners cannot ship to P.O. boxes.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT PRODUCT PARTNERS DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO PRODUCT PARTNERS FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, PRODUCT PARTNERS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES PRODUCT PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT.

CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH PRODUCT PARTNERS. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.

ALTHOUGH PRODUCT PARTNERS STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, PRODUCT PARTNERS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, PRODUCT PARTNERS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

PRODUCT PARTNERS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms.

Limitations on Liability

IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL PRODUCT PARTNERS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OF OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF PRODUCT PARTNERS OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PRODUCT PARTNERS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PRODUCT PARTNERS FOR ANY PRODUCTS SUPPLIED BY PRODUCT PARTNERS THROUGH YOUR USE OF THE SITE.

Product Partners will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms.

Copyright and Trademarks

All Site materials, including, without limitation, the logos, design, text, graphics, software, and any other files or materials of Product Partners, Breakthrough in Beauty^®, Timeless Secret^®, Derm Exclusive^®, and any other products or services offered or featured on the Site, and the selection and arrangement thereof (the "Content") are Copyright © 2009 Product Partners, LLC. ALL RIGHTS RESERVED. Product Partners or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Product Partners or the respective copyright owner. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial, and informational use only, provided that you may not, without the permission of Product Partners or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (i) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (ii) the collection and use of any product listings or descriptions; (iii) making derivative uses of the Site and its contents; or (iv) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Product Partners or any third party.

Trademarks: The following are trademarks or registered trademarks of Product Partners, LLC, in the United States and other countries: Product Partners^®, Breakthrough in Beauty^®, Timeless Secret^®, and Derm Exclusive^®, as well as any other logos, and the products described on this Site. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Product Partners or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Product Partners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Product Partners. Other names and brands may be claimed as the property of others.

Linked Sites

Product Partners makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Product Partners and Product Partners is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Product Partners of the site or any information contained therein. When leaving the Site, you should be aware that Product Partners' Terms and Policies no longer govern, and therefore, you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this Site, you agree:

Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
Not to use, frame, or utilize framing techniques to enclose any Product Partners trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Product Partners' express written consent;
Not to use meta tags or any other "hidden text" utilizing a Product Partners name, trademark, or product name without Product Partners' express written consent;
Not to deeplink to this Site without Product Partners' express written consent;
Not to create or use a false identity on this Site;
Not to collect or store personal data about others;
Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and
Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Product Partners.

In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy and Copyright Agent

It is Product Partners' policy to respect the copyright and intellectual property rights of others. Product Partners may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Product Partners may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that Product Partners or any user of our Site has infringed your copyright in any material way, please notify Product Partners, and provide the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
An identification of the copyrighted work claimed to have been infringed;
An identification of the material that you claim is infringing so that we may locate it on the Site;
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; and
A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Please direct inquiries regarding copyright issues by email to: DMCA@BreakthroughInBeauty.com, or by mail to:

Product Partners, LLC
3301 Exposition Blvd., 3rd Floor
Santa Monica, CA 90404
Attn: Director of Online Operations

Indemnification

You agree to indemnify and hold harmless Product Partners, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.The terms of this section survive any termination of the Terms.

SEC Disclosure

The information contained within press releases issued by Product Partners should not be deemed accurate or current except as of the date the release was posted. Product Partners has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Changes to the Site

Product Partners may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Product Partners shall not be liable therefore.

International Users

This Site is controlled, operated, and administered by Product Partners from its offices within the United States of America. Product Partners makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of United States export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Southern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.

The terms of this section survive any termination of the Terms.

Termination

Notwithstanding any of these Terms, Product Partners reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that Product Partners shall not be liable for any termination of your use of or access to the Site.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms.

Language

It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

General

The Terms constitute the entire agreement between Product Partners and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Product Partners to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Product Partners, and you do not have any authority to create any obligation or make any representation on Product Partners' behalf. You may not assign this agreement, by operation of law or otherwise, without Product Partners' written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Product Partners and their respective successors and assigns.

The terms of this section survive any termination of the Terms.

Last Updated: 2/17/2010