WEB SITE TERMS AND CONDITIONS Thank you for visiting SkinChoice.com. (The site at www.skinchoice.com and all other Web sites owned or operated by SkinChoice.com, LLC ("SCLLC") collectively are referred to as the "Site"). The following terms and conditions ("Terms and Conditions") govern your access to and use of the Site (including without limitation your purchase of products from this Site). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO USE THIS SITE AND SHOULD EXIT IMMEDIATELY. 1. Informational Purposes Only. The information on this Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. The U.S. Food and Drug Administration has not reviewed the safety or effectiveness of any products offered or noted on this Site, nor any statements made in the Site. None of the information on this Site shall be used to diagnose or treat any health problem or disease. You must consult with a physician, doctor, or health care provider before taking any product or using any information on this Site. 2. Children's Protection Policy. CHILDREN UNDER THE AGE OF 18 MUST EXIT THIS SITE IMMEDIATELY AND ARE PROHIBITED FROM USING THIS SITE. This Site is not written, nor is this Site designed, for children and therefore is unsuitable for their use. Specifically, and without limitation, articles, observations, pictures, and discussion board commentary contained on this Site are not suitable for children. We urge parents to monitor and guide their children's use of computers, especially in regard to the Internet, to prevent children from visiting inappropriate Web sites or opening themselves to possible of harm of any kind from unscrupulous people. 3. Rules for Use of this Site. By accessing or using the Site or the products or services made available or offered by or through the Site, including without limitation the ability to send anonymous electronic mail messages to others, you - and anyone and everyone else using the Site through any username or password issued to you or selected by you - agree that any and all of the following are strictly prohibited at all times: · Posting or transmitting any material, whether word, image or graphic, that is false, libelous, threatening, hateful, harmful, defamatory, harassing, abusive, slanderous, illegal, indecent, obscene, pornographic, or embarrassing, or which discloses to any third person any private or personal matters concerning any person, all of which shall be determined by SCLLC in its sole discretion. · Posting or transmitting material that infringes the copyright, patent, trade secret, trademark, or other intellectual property or proprietary rights of any person. · Representing or portraying oneself as someone other than who they actually are, or making any false, misleading, or misrepresentative statement. · Posting, transmitting or displaying any information about another person without their consent including, but not limited to, email address, health condition, or health status, except to anonymously notify that other person through the anonymous electronic mail service provided by the Site that they may have an STD. · Using the Site or any portion or product or service offered by or through the Site, including without limitation any or all public access areas, in any way that violates local, state, national, or international law. · Distributing, reproducing, executing, or including in any material, information, or data posted or transmitted, any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, harm, disrupt, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that are intended to do so. · Allowing, permitting, or causing anyone other than you to use your user name or password. · Sending or transmitting unsolicited bulk e-mail, "spam," or the same note more than once, or engaging in or conducting any conduct that restricts or inhibits any other person from accessing or using this Site as it is intended. · Posting, transmitting, or distributing advertisements, promotions, or solicitations without the prior written approval of SCLLC. · Engaging in any activity that, in the sole judgment of SCLLC, exposes SCLLC, its officers, directors, employees, agents, principals, representatives, contractors, successors, assigns, vendors, customers, proprietors, partners, shareholders, servants, predecessors, and attorneys or suppliers ("SCLLC Parties") to any undesirable actual or potential responsibility or liability. At any and all times, you are responsible for all information, materials, content, and data you transmit and post on or via the Site. Further, SCLLC does not monitor, review, or edit any messages or materials or information posted by its users, whether via the electronic mail notification services, the discussion boards, or otherwise. 4. Privacy Statement. SCLLC has a Privacy Statement disclosing what information we collect about visitors, how we use such information, and the steps we take to secure such information. Click here to view the <Privacy Statement>, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to SCLLC via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact SCLLC by telephone at: Customer Service (9 AM - 5 PM EST / Monday - Friday) 1-866-475-4424 or Sales and Product Information (24 Hours / 7 Days) 1-866-475-4424, or write us at webmaster@skinchoice.com. 5. Offensive Materials. This Site may contain health or medical-related materials that you may find sexually or graphically explicit or otherwise offensive. Accessing or use of the Site constitutes acceptance of this risk. The SCLLC Parties have no control over and accept no responsibility for such materials. 6. Proprietary Rights. SCLLC owns, licenses, or uses pursuant to legal authority the data, content, graphics, forms, artwork, and other material for this Site (the "Content"), as well as the selection, coordination, arrangement, and organization and enhancement of the Content (also, the "Content") for this Site. Except as indicated, this Site and Content are owned or licensed by SCLLC and are Ó 1999-2001 SCLLC and/or third party licensors. All rights reserved. Any use, reproduction, or distribution of this Site or Content without SCLLC's advance written consent is prohibited, except, however, you may download one temporary copy of these materials on any single computer, and you may print one copy of these materials for your use in learning about, evaluating, or acquiring SCLLC's or its licensees' or licensors' services or products. All trademarks, service marks, and logos appearing on the Site are proprietary to SCLLC or its licensors. Use or misuse of these trademarks without SCLLC's advance written consent is expressly prohibited. 7. Links to Other Sites. This Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which SCLLC exercises no control, and SCLLC expressly disclaims any and all responsibility for the Content, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites. SCLLC does not control, endorse, promote, or have any affiliation with any other Web site. 8. Site Content. This Web site is for your personal and non-commercial use. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Content without SCLLC's advance written consent. SCLLC is not responsible for any errors or omissions in the Content or other materials. SCLLC is not responsible for the accuracy or completeness of the Content, advertisements, or other items contained within this Site. SCLLC may make changes to the Content, this Site, or the products or services made available in connection with this Site at any time, with or without notice, and makes no commitment to update any of these items. 9. EXCEPT FOR OUR REFUND POLICY RELATED TO YOUR ABILITY TO RETURN UNUSED PORTIONS OF UNSATISFACTORY PRODUCTS, YOUR USE OF THE SITE AND ANY AND ALL PRODUCTS PURCHASED VIA OR IN CONNECTION WITH THE SITE IS SOLELY AT YOUR RISK. WE HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND RESPONSIBILITY, AND HEREBY MAKE NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF PERFORMANCE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, WITH REGARD TO THE SITE, ANY OR ALL PRODUCTS SOLD VIA THE SITE, OR ANY AND ALL CONTENT, AND EACH AND EVERY ELEMENT THEREOF, INCLUDING WITHOUT LIMITATION THE DISCUSSION BOARD, THE ELECTRONIC MAIL NOTIFICATION SERVICE PROVIDED IN CONNECTION WITH THE SITE, AND ANY AND ALL MESSAGES OR INFORMATION POSTED OR TRANSMITTED IN CONNECTION WITH THE DISCUSSION BOARD OR THE MAIL NOTIFICATION SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, ABOUT THE TRUTH, SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE CONTENT (INCLUDING WITHOUT LIMITATION INFORMATION AND GRAPHICS), PRODUCTS, OR SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION THE DELIVERY OR MISDELIVERY OF ANY ELECTRONIC MAIL NOTIFICATION SENT VIA THE SITE. THE SITE, ANY AND ALL CONTENT, AND EACH AND EVERY ELEMENT THEREOF, INCLUDING WITHOUT LIMITATION THE DISCUSSION BOARD, THE ELECTRONIC MAIL NOTIFICATION SERVICE PROVIDED IN CONNECTION WITH THE SITE, AND ANY AND ALL MESSAGES OR INFORMATION POSTED OR TRANSMITTED IN CONNECTION WITH THE DISCUSSION BOARD OR THE MAIL NOTIFICATION SERVICE, ARE PROVIDED "AS IS" AND WITH ALL FAULTS. IN NO EVENT SHALL WE BE LIABLE TO ANY USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRA-CONTRACTUAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER ARISING FROM OR CONNECTED WITH THESE TERMS AND CONDITIONS, THE SITE OR ANY CONTENT OR ANY ELEMENT THEREOF (INCLUDING WITHOUT LIMITATIONS THE INABILITY TO ACCESS THIS SITE OR MISDIRECTED ELECTRONIC MAIL NOTIFICATIONS), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST DATA, OR LOST PROFITS, REGARDLESS OF LEGAL THEORY, EVEN IF ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. 10. IF YOU ARE DISSATISFIED WITH SCLLC'S PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS OR RESPONSIBILITIES IN CONNECTION WITH THE SITE, THE SITE AS A WHOLE OR ANY PORTION OR PORTIONS OF THIS SITE, OR WITH ANYTHING ELSE RELATED TO, CONNECTED WITH, OR BASED UPON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. Under no circumstances will the total liability of SCLLC to you and any and all other persons in connection with, based upon, or arising from this Site or any Content or any element thereof or your use of this Site exceed $100. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law. 11. Indemnification. You shall defend, indemnify, and hold harmless the SCLLC Parties from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, awards, settlements, obligations, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys' fees and litigation expenses) relating to or arising from this Site, the Content, your use of this Site, your fraud, negligence, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions. 12. Use of Services and Product Information. This Site, including the products displayed on the Site, is intended solely for the use and benefit of United States citizens residing in the U.S. The Site shall not be used to send electronic message notifications to non-U.S. citizens or to non-U.S. residents, nor shall the Site be used by non-U.S. citizens or non-U.S. residents to send electronic mail notifications. The products displayed on this Site shall not be ordered from or delivered outside the United States. The prices displayed on the Site are quoted in U.S. dollars. Although we have tried to accurately display the colors of products, the actual colors you see will depend on your computer monitor and may depend on other hardware or software used by you. The display of Content, or other materials on your monitor may or may not be accurate. 13. Securities Information. This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about SCLLC, and although this information was believed to be accurate as of the date prepared, SCLLC disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein. 14. Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Neither SCLLC nor its contractors will be liable for any loss resulting from a cause over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions. 15. Changes; Termination. These Terms and Conditions may be changed by SCLLC at any time, with or without notice; your continued use of this Site after any change is made to the Terms and Conditions signifies your understanding of and intention and agreement to be bound by such change. It is your responsibility to monitor these Terms and Conditions for changes. SCLLC reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice. 16. Governing Law and Jurisdiction. These Terms and Conditions represent the entire agreement between you and SCLLC with respect to the subject matter hereof, supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to its conflict of law rules. In the event of any conflict between these Terms and Conditions and any statement or omission on the Site or any products or services connected therewith, these Terms and Conditions shall govern. This Site is controlled and operated by SCLLC from its offices within the United States. The waiver or failure of SCLLC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Any and all controversies and claims arising out of or relating to these Terms and Conditions, including without limitation the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before a panel of three (3) neutral arbitrators, all of whom shall be selected from a panel of persons having experience with and knowledge of commercial activities conducted over the Internet, and at least one of the arbitrators selected will be an attorney. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.