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Last updated: January, 2010
IMPORTANT: PLEASE READ CAREFULLY BEFORE PROCEEDING.If you have comments or questions about this web site, please send
an email to
customerservice@aidanceskincare.com.
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Acceptance of Terms:
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Aidance Skincare & Topical Solutions ("Aidance Skincare™")
thanks you for visiting its AidanceProducts.com website ("AIDANCE Website"), which
contains information, products ("Products") and services ("Services")
relating to the Terrasil Products, subject to the terms and conditions set
forth below (these "Terms of Use"). By accessing or using the AIDANCE
Website you agree to be bound by these Terms of Use. Aidance Skincare
reserves the right to change these Terms of Use from time to time at its
sole discretion. Your use of this AIDANCE Website will be subject to the
most current version of these Terms of Use posted on the AIDANCE Website at
the time of such use. In addition, the purchase of Products and Services
through the AIDANCE Website may be subject to further terms and conditions
in addition to these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE AIDANCE Website AND MUST
EXIT AT ONCE. IF YOU BREACH THESE TERMS OF USE, YOUR AUTHORIZATION TO USE
THE AIDANCE Website WILL AUTOMATICALLY TERMINATE.
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General:
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All information contained on the AIDANCE Website, including
information relating to skin conditions, products and treatments, is for
informational purposes only. This information is not meant to be a
substitute for the advice provided by your own physician or other medical
professionals, or any information contained on or in any product packaging
or labels.
You represent and warrant that you are at least 18 years of age or the age
required or allowed under applicable law for making a legal and binding
contract.
YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE AIDANCE Website FOR
DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD
CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS
ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED
ON THE AIDANCE Website. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN, OR
OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED
WITHIN THIS, OR ANY OTHER, WEBSITE.
PLEASE BE ADVISED THAT AIDANCE PRODUCTS HAVE NOT BEEN EVALUATED BY THE US FOOD AND
DRUG ADMINISTRATION.
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Limited to the United States:
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The information on this AIDANCE Web site pertaining to
Aidance Skincare's products is intended for use only by customers, patients,
and health care professionals in the United States. Other countries may have
laws, regulatory requirements, and medical practices that differ from those
in the United States and may require references to different or additional
information. Because of these various laws, regulations, and medical
practices, information designed to be used in one country may not be
appropriate for use outside that country. Therefore, product information on
this Web site may not be appropriate for residents of countries other than
the United States.
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Trademarks:
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Aidance®, Terrasil®, and Pedi-Cure® are registered trademarks of Aidance
Skincare. Femmesil™, Aardora™,
Activated Minerals™ and Aidance Skincare™ are
trademarks of Aidance Skincare. The aforementioned and other marks, logos, trade dress and
the like indicated on or used on the AIDANCE Website are owned by
or licensed to Aidance Skincare.
Aidance Skincare's trademarks and trade dress may not be used in connection
with any product or service that is not Aidance Skincare's, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits Aidance Skincare. You may not use any Aidance
Skincare logo or other proprietary graphic or trademark contained on the
AIDANCE Website without the express written permission of Aidance Skincare.
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Site Content:
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You acknowledge and agree that the AIDANCE Website contains
information, data, software, photographs, graphics, videos, text, images,
typefaces, sounds, and other material (collectively "Content") that is
protected by copyright, trademark, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. The Content and its selection,
arrangement, and coordination is protected as a copyrightable work under
U.S. copyright laws. Except as expressly permitted in these Terms of Use,
you may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from, or in
any way exploit any of the Content, in whole or in part.
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License and Access to Aidance Website:
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Aidance Skincare grants you a limited license to access and
make personal use of the AIDANCE Website. You may not download (other than
for page caching) or modify the AIDANCE Website, or any portion of it,
except with the express written consent of Aidance Skincare. This limited
license specifically excludes the following: (a) any resale or commercial
use of the AIDANCE Website or its Content; (b) any collection and use of
any product listings, descriptions, or prices; (c) any derivative use of the
AIDANCE Website or the Content; (d) any downloading or copying of account
information for the benefit of another merchant; or (e) any use of data
mining, robots, or similar data gathering and extraction tools. The AIDANCE
Website, or any portion thereof, may not be reproduced, duplicated, copied,
sold, resold, or otherwise exploited for any commercial purpose without the
express written consent of Aidance Skincare. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or forms) of Aidance
Skincare and our affiliates without the express written consent of Aidance
Skincare. You may not use any meta tags or any other "hidden text" utilizing
Aidance Skincare's name or trademarks without the express written consent of
Aidance Skincare. Any unauthorized use of the AIDANCE Website will result
in immediate termination of this limited license granted by Aidance
Skincare. You are granted a limited, revocable, temporary, and nonexclusive
right to create a hyperlink to the home page of the AIDANCE Website so long
as the link does not portray Aidance Skincare, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise
offensive manner.
If no specific restrictions are displayed, you may make copies of select
portions of the Content, provided that the copies are made only for your
personal, informational, and non-commercial use, and that you do not alter
or modify the Content in any way, and maintain any notices contained in the
Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding sentence or
as permitted by the fair use privilege under the U.S. copyright laws (see
e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or
distribute in any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the copyright or other
proprietary right.
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Product Descriptions:
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Aidance Skincare attempts to maintain the descriptions for
all Products, skin conditions and Services as current and accurate as
possible. Aidance Skincare does not warrant, however, that such descriptions
or other content of the AIDANCE Website are or will be accurate, complete,
current, reliable, or error-free.
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Privacy Policy:
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To the extent consistent with these Terms of Use, the terms
and conditions of Aidance Skincare's privacy policy are incorporated herein
by reference and can be viewed by
clicking here.
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User Comments:
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You may submit product testimonials, comments, suggestions,
ideas, comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise objectionable or
injurious to third parties, and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any other form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. Unless otherwise provided by Aidance
Skincare, you grant Aidance Skincare and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, distribute, sell, create
derivative works from, and display throughout the world in any media any
such content submitted by you for any purpose whatsoever including but not
limited to developing, manufacturing, and marketing products incorporating
such information. You further grant Aidance Skincare and its affiliates and
sub-licensees the right to use the name that you submit in connection with
such content, if they so choose. You represent and warrant that you own or
otherwise control all of the rights to the content that you post; that the
content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you
will indemnify Aidance Skincare or its affiliates for all claims resulting
from content you supply. Aidance Skincare has the right but not the
obligation to monitor and edit or remove any activity or content. Aidance
Skincare takes no responsibility and assumes no liability for any content
posted by you or any third party.
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Links to Third Party Websites:
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The AIDANCE Website may contain links to other websites,
directories, or services ("Linked Services"). These features are provided by
Aidance Skincare only as a convenience. The Linked Services are not
reviewed, controlled or examined by Aidance Skincare in any way and you
acknowledge and agree that Aidance Skincare has no control over and is not
responsible or liable for (i) the availability or accuracy of the Linked
Services; (ii) the content, advertising, or products on or available from
the Linked Services; or (iii) any damage arising from or occasioned by the
creation or use of the Linked Services or the information or material
accessed through the Linked Services. The inclusion of any link on the
AIDANCE Website does not imply and should not be inferred as an endorsement
of the Linked Services. You acknowledge that your use of the links and the
Linked Services shall be at your own risk.
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Warranties and Disclaimers:
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THE AIDANCE Website IS PROVIDED BY AIDANCE SKINCARE ON AN
"AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN,
AIDANCE SKINCARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE AIDANCE Website OR THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS INCLUDED OR AVAILABLE ON OR THROUGH THE
AIDANCE Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AIDANCE
Website
IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIDANCE SKINCARE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS.
EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, AIDANCE SKINCARE MAKES NO
WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE AIDANCE Website, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY
SUCH PRODUCT OR SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE AIDANCE Website. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIDANCE SKINCARE OR THROUGH
THE AIDANCE Website SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AIDANCE SKINCARE MAKES NO WARRANTY THAT THE AIDANCE Website WILL MEET YOUR
REQUIREMENTS, THAT THE AIDANCE Website WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR THAT THE AIDANCE Website IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
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Limitation of Liability:
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AIDANCE SKINCARE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE
USE OR THE INABILITY TO USE THE AIDANCE Website OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, EVEN IF AIDANCE
SKINCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Exclusions and Limitations:
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YOUR RIGHTS MAY VARY DEPENDING UPON THE JURISDICTION IN
WHICH YOU LIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE EXCLUSIONS IN THE ABOVE
SECTIONS MAY NOT APPLY TO YOU. TO THE EXTENT AIDANCE SKINCARE MAY NOT
DISCLAIM ANY WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH
WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
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Indemnification:
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You agree to indemnify and hold Aidance Skincare and its
parents, subsidiaries, affiliates, officers, directors, employees, agents,
contractors and successors in interest harmless from any and all claims,
costs, damages, losses, liabilities, and expenses (including attorneys' fees
and costs) arising out of or in connection with your unauthorized use of the
AIDANCE Website, or your breach of these Terms of Use.
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Entire Agreement/Amendments:
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These Terms of Use constitutes the complete agreement
between you and Aidance Skincare concerning your use of the AIDANCE Website
and the subject matter set forth herein, and supersedes all prior or
contemporaneous negotiations, agreements or representations between you and
Aidance Skincare in respect thereof. These Terms of Use may be amended,
modified or supplemented by Aidance Skincare at any time by posting such
changes to the AIDANCE Website, and such changes shall be effective from
the time of such posting. No other act, document, usage or custom shall be
deemed to amend, modify or supplement these Terms of Use.
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Governing Law and Jurisdiction:
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By using the AIDANCE Website you agree that these Terms of
Use and your use of the AIDANCE Website shall be governed by and construed
in accordance with the laws of the State of Rhode Island applicable to
contracts entered into and wholly performed therein, without regard or
reference to that body of law pertaining to conflicts of laws. Any suits or
controversies between you and Aidance Skincare arising hereunder shall be
adjudicated before a court of competent jurisdiction located in Providence,
Rhode Island.
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Severability:
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If the application of any provision hereof or any portion
thereof to either you or Aidance Skincare, shall be held by a court of
competent jurisdiction to be invalid, illegal or unenforceable, then (i)
such provision shall be reformed without further action by either you or
Aidance Skincare to the extent strictly necessary to render such provision
valid and enforceable when applied to you, Aidance Skincare, or the
particular facts or circumstances; and (ii) the validity and enforceability
of such provision as applied to the other party or the particular facts or
circumstances, and the validity and enforceability of all of the other
provisions hereof, shall remain in full force and effect.
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Waiver:
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Neither you nor Aidance Skincare shall be deemed by any act,
delay, or omission to have waived any of your/its respective rights or
remedies hereunder unless such waiver is in writing and signed by the
waiving party, and only to the extent specifically set forth in said
writing. A waiver, failure or delay in exercising any right, power or
privilege, or any single or partial exercise of any right, power or
privilege, will not act to preclude any subsequent or further exercise of
that or any other right, power or privilege.
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Notices:
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Any notice required or permitted to be given to Aidance
Skincare under these Terms of Use shall be given as follows: By electronic
mail to
customerservice@aidanceskincare.com, or by letter sent by first class postage
prepaid mail to Aidance Skincare at: Aidance Skincare & Topical Solutions,
LLC., PO Box 2182, Woonsocket, RI 02895 USA. Aidance Skincare may give notice by means of a general notice via
the AIDANCE Website, electronic e-mail to your e-mail address on record in
Aidance Skincare's account information, if any, or by written communication
sent by first class mail to your address on record in Aidance Skincare's
account information, if any. A change of address by you shall only be
effective if given in accordance with the provisions of this Section.
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