The following rules and regulations apply to all visitors to or users of the AKMD Skincare Website ("Website"), the home page of which is at www.akmdskincare.com. By using this Website, you agree to be bound by these rules and regulations, as they may be modified by AKMD Skincare, Inc. at any time and posted on this Website. In the event of a violation of these rules and regulations, AKMD Skincare , Inc. reserves the right to seek all remedies available by law and in equity.
The Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials") are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by AKMD Skincare, Inc. as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the Website for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. AKMD Skincare, Inc. may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by AKMD Skincare, Inc..
AKMD Skincare, Inc. and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of AKMD Skincare Inc., and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Website. Your misuse of the trademarks displayed on the Website is strictly prohibited. You are also advised that AKMD Skincare, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
AKMD Skincare, Inc. has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any AKMD Skincare, Inc. web page is prohibited absent express written permission from AKMD Skincare, Inc.. Framing, inline linking or other association of the AKMD Skincare Website or its Materials with links, advertisements and/or other information not originating from the Website is expressly prohibited.
Purchase Related Policies
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
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 are accurate, complete, reliable, current, or error-free.
Your Obligations and Responsibilities
It is strictly prohibited to link other sites with this Website without AKMD Skincare Inc.'s prior written permission. AKMD Skincare Inc. has no responsibility and assumes no liability for the unaffiliated sites to which it is linked, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than AKMD Skincare Inc. We may permit some links for convenience, but it is not an endorsement by AKMD Skincare Inc., our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of AKMD Skincare Inc. and should be reviewed by you when you use the link to access the other site. 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 unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, 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 such information 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 of information 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.
Representations and Warranties;
Limitation of Liability
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS 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, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT 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).
We reserve the right to refuse to process and order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order of our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Digital Millennium Copyright Act ("DMCA") Notice
AKMD Skincare Inc. owns, protects and enforces copyright in its own creative materials and respects the copyright properties of others. This Website may contain materials of third parties and links to third party sites, portals and directories. As a result, materials of third parties, not owned or controlled by AKMD Skincare Inc., are included in or linked to the Website or are stored or transmitted over the Website. To the best of AKMD Skincare, Inc.'s knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement, AKMD Skincare, Inc. will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of AKMD Skincare, Inc. to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to AKMD Skincare, Inc. to be repeat infringers in connection with their use of the Website, links, or storage and communication systems and networks.
The designated agent (i.e. the proper party) to whom you should address such notice is Customer Service, AKMD Skincare, Inc., 360 East 55th Street, Suite 7L, New York, NY 10022, telephone number (888) 744-AKMD, email: firstname.lastname@example.org.
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.
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.
If you have any questions regarding these Terms and Conditions, please contact us.
Copyright © 2006 AKMD Skincare, Inc. All worldwide rights reserved.