Terms & Conditions

 

Last updated on January 26, 2024

 

1. Introduction

 

Welcome to our website www.laurelmhtn.com. The entire website, including its subdomains or mobile applications, and everything or all matters on or associated with them are hereafter collectively referred to as 'the Site’. The Site is created, owned, and administered by City Dermatology, LLC, an American company dedicated to both providing professional dermatology service locally and being engaged in designing, developing, manufacturing, marketing, and/or selling skincare and aesthetic products worldwide. The Site is compiled, operated, maintained, and managed, directly or indirectly, more or less, by its owner, agent, affiliate, assign, attorney, contractor, subcontractor, designee, director, employee, intern, licensor, member, manager, officer, partner, representative, service provider, staff, subsidiary, successor, supplier, or other associate. They are hereafter collectively referred to as 'City Dermatology’, ‘we', 'us', or ‘our'. Each and every piece of material and all stuff appeared, displayed, presented, or used on the Site, such as information, text, video, audio, photograph, picture, graphic, image, brand name, code, color, company name, design, description, diagram, display, document, drawing, figure, icon, illustration, layout, logo, menu, metadata, method, music, process, product name, quote, screen, script, software, service mark, service name, slogan, trademark, trade name, web design, web page, and work, as well as the whole website and its entire content, all materials of the Site, the overall look and feel, the structure, function, arrangement, and feature provided and included on the Site, and any other things or matters on the Site and all of its protectable intellectual property, are the property of City Dermatology or us, and hereafter collectively or individually referred to as 'the Content'. When we talk about 'the Service’, it hereafter individually and collectively refers to any products we carry on the Site, any kind of business activities or services available through the Site or our retailers, as well as our additional online offerings, digital products, events, electronic communications, social media pages, and so forth when applicable. Currently, the Service is intended only for markets outside the U.S. The Site accessors, surfers, or visitors, customers such as product buyers, service recipients, and information receivers, as well as the Content contributors, merchants and vendors of our products or services, and any other relevant persons, companies, or organizations, are hereafter collectively or individually referred to as 'you', 'your', and ‘yours’. All your activities on the Site in any way, manner, or method, such as your accessing, browsing, or interacting with the Site, registering an account on the Site, purchasing from the Site, having financial transactions through the Site, receiving services and information, or conducting any other related business directly or indirectly on or through the Site are hereafter collectively or individually referred to as the ‘use’, ‘using’, or ‘user’.

 

This web page describes the terms which govern your use of the Site and especially the Service. Terms on this web page together with all incorporated policies, user guidelines, operating rules, notices, instructions, disclaimers, and other statements posted on the Site by us are hereafter collectively referred to as the ‘Terms and Conditions’. It constitutes the entire business agreement and mutual acknowledgment between you and us. All business activities between you and us are subject to the Terms and Conditions. The Terms and Conditions with respect to the Site supersede all other electronic, oral, or written agreements, communications, documents, messages, or proposals between you and us. However, the Terms and Conditions should not be considered to be establishing any type of business partnership, incorporation, and joint venture, or employer-employee, leader-follower, and franchisor-franchisee relationship between you and us. The Terms and Conditions apply in full to any and all qualified users of the Site. Using the Site is subject to and conditioned upon your acceptance of the Terms and Conditions. Your use of the Site confirms your unconditional acceptance of the Terms and Conditions. Using the Site constitutes your consent to the Terms and Conditions and agreement to completely follow and legally to be bound by the Terms and Conditions, along with compliance with all applicable laws, bylaws, regulations, and rules including the United States domestic, foreign country's, and international laws and regulations. The Terms and Conditions govern every step of your use, such as the purchase activity through the Site between you and us. At the time of your accessing the Site, you agree that your use of the Site is contingent upon the Terms and Conditions as well as all applicable laws. The Terms and Conditions apply to your use of the Site and are subject to change. Please carefully read and review the most current version of the Terms and Conditions periodically and at any time before, during, or after accessing or using the Site. Please do so especially before you both place an order and make a payment for it. By completing the payment process for your order, you further engage in the Service and agree to be bound by the Terms and Conditions.

 

The Site is not intended for individuals who do not understand, agree to, or consent with the Terms and Conditions. If you do not fully understand any parts of the Terms and Conditions or you have any concerns, questions, or comments regarding it, we invite you to contact our customer service team by mailing a letter to our office located in the City of Laurel of the United States. If you do not accept any part of the Terms and Conditions or agree to be bound by the Terms and Conditions at any time, please do not access the Site. You should stop using the Site and leave immediately. The Terms and Conditions may be terminated by us at any time for any reason, such as if you violate any part or provision of the Terms and Conditions. In this case, you will be notified of our decision. You may also terminate your acceptance of the Terms and Conditions at any time by informing us that you no longer want to use our Site. The Terms and Conditions will remain in effect until they are terminated by either side. You understand that termination of the Terms and Conditions will result in cancellation of any services you may obtain from us. 

 

We are becoming a presence on world markets. The Terms and Conditions, including any separate agreements between you and us, are subject to and shall be interpreted pursuant to the laws of the State of Maryland, federal laws of the United States, and international laws, such as those related to e-commerce, the United States Export Administration Regulations, the United States Office of Foreign Assets Control Regulations, the United States export and sanctions regulations, as well as United Nations Convention on Contracts for the International Sale of Goods. The Terms and Conditions are governed by the courts of the State of Maryland of the United States, located in the DC Metropolitan Area of Maryland, without regard to choice-of-law principles. These courts have exclusive jurisdiction over any action arising under or related to the subject matter of the Terms and Conditions. All relevant parties agree to submit to the jurisdiction of the courts. In case of any inconsistency or conflict between the English and versions of other languages, the English version prevails. Additionally, in the Terms and Conditions, based on context, the words ‘including’ and ‘include’ would usually mean ‘including/include but not limited to’, the word ‘or’ would be deemed to have the inclusive meaning represented by the phrase ‘and/or’, the phrase ‘to the extent’ would mean the degree to which a subject or other thing extends, and ‘products’ would mean cosmetic and skincare products designed, developed, manufactured, distributed, or retailed by City Dermatology. 

 

2. Intellectual Property and Copyright

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The Content, including all protectable intellectual property on the Site, is the property of City Dermatology and is protected by copyrights, trademarks, service marks, trade dress, trade secrets, right of publicity, right of privacy, design rights, database rights, sui generis rights, patents, and all other intellectual or proprietary rights under the United States laws, international laws, and international intellectual property treaties. We own all and any intellectual property rights in the Content and the Site. Without our expressly and formally written consent and permission, any unauthorized using by any means, in any ways or forms, partially or completely, directly or indirectly, including but not limited to copying, distributing, downloading, duplicating, exploiting, licensing, modifying, posting, publishing, republishing, reporting, reproducing, publicly displaying, translating, transferring, selling, reselling, storing, transmitting, creating derivative works, accessing to the Site for any public or commercial purpose, using the Content and the Service on any other website or networked environment for any purpose, creating or maintaining any link from another website to any page on the Site, running or displaying any page or any content on the Site by any means on another website or media, and other activities, especially for any public or commercial purposes, are absolutely not allowed, deemed to be a breach of the Terms and Conditions, and might violate copyright laws, trademark laws, laws of privacy and publicity, and other applicable laws, regulations, and statutes, such as the publicity laws, privacy laws, as well as applicable regulations and statutes regarding communication. A delay or failure to assert any right of ours herein or insist upon compliance with any parts or provisions of the Terms and Conditions does not constitute a waiver of that of the rights or excuse a subsequent failure to perform any parts or provisions of the Terms and Conditions. Nothing displayed and contained on the Site grants you to use or is interpreted as granting any right or license to your use without expressly written permission of us or a related and applicable third-party owner. You may not be assigned any of the rights herein without prior written approval from us. You are not conferred or transferred any of our intellectual property rights regarding the Content and the Site in any way and under any intellectual property laws, such as copyright, at present or in the future. You are not allowed to use anything in the Content and the Site without our prior written consent and permission except those permitted in the Terms and Conditions. Per your specific request and subject to your compliance with the Terms and Conditions, we may authorize you to download or copy certain parts of the Site only for the purpose of product order as well as your personal and non-commercial use, with the condition of our retaining all copyright, trademark, and other rights or proprietary notices on the original materials and any copies you make. You confirm your acknowledgement and agreement that all and any intellectual property rights regarding the Content and the Site completely or partially are and will remain to be the property of us or our associates. In certain situations, depending on the circumstances, the intellectual property rights of some part of the Service and the Content displayed on the Site may also be of our affiliates or associates. Unless authorized by all respective owners including our affiliates or associates, using that content, in any way, without written permission from them and us is prohibited.

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3. Age Requirement

 

To be bound by the Terms and Conditions and then access and use the Site, age eligibility is required, i.e., you must be 18 years of age or older, or at least the age of majority in the state or province of your residence. By accessing the Site, you represent and confirm that you are 18 years of age or older or have reached the age of majority in the state or province that you are residing, you agree to and consent with Terms and Conditions, you are allowed to purchase cosmetic and skincare products under applicable laws, and you will use the products you ordered only in a lawful and legal manner and for lawfully and legally allowed purposes. If you intentionally or unintentionally misrepresent your age in order to use the Site, we may terminate your membership, stop your access, report it to the relevant authorities, and prosecute you fully to the extent allowable by law.

 

4. International Cultural and Legal Inequality

 

The Site is operated and controlled by us from our offices located in the United States and it is not intended to be subject to the laws or jurisdiction of any nation, country, or territory outside the United States. We make no representations that the Site including the Service and the Content is absolutely appropriate or legal for use outside the United States. The Contents and Service on the Site may be inapplicable, inappropriate, illegal, or prohibited in some nations, countries, or territories due to different culture, ethics, history, law, legal system, or religion from the United States. You are responsible and liable for abiding by and complying with all applicable laws, including all local, state or provincial, federal or central government, and international laws as well as relevant international treaties regarding the possession, use, or resale of any items purchased from this Site. If you choose to access the Site from a nation, country, or territory other than the United States, you do so at your own risk and are self-accountable for any outcome. We have nothing to do with these behaviors of yours.

 

5. Severability

 

If necessary, each part or provision of the Terms and Conditions can operate separately. In the case that one or some provisions of the Terms and Conditions are deemed by a court or an equivalent authority in the United States to be invalid, unenforceable, useless, or void, the part or provision of the Terms and Conditions may become ineffective or null. But the validity, enforceability, usefulness, or completeness of the remaining balance part or provision remain unchanged. The remaining balance part or portion is not otherwise affected and is still valid in full force and effect, enforceable to the fullest extent permitted by applicable laws or regulations. It should be construed and treated in accordance with the Terms and Conditions as if the invalid, unenforceable, or conflicting part or provision does not exist. The determination of severing and separating the ineffective or null part or provision from the rest of the Terms and Conditions does not affect the immediate validity, enforceability, usefulness, or completeness of the rest balance part of the Terms and Conditions. The ineffective or null part or position will be held and revised to the extent necessary to make it valid, enforceable, and useful. In case that you use the Site under a collective agreement between your business group and us, your access and use will be governed by both the Terms and Conditions and that agreement. If an inconsistency or conflict occurs between the Terms and Conditions and the collective agreement, the Terms and Conditions should prevail, and the agreement should govern to the extent of inconsistency or dispute. Promotion may be available through the Site in the future. In case a rule for promotion conflicts with the Terms and Conditions, the Term and Conditions should prevail, and the promotion rule should govern to the extent of such conflict.

 

6. Third Party Websites and Services 

 

Certain part included or available on the Site, the Content, or the Service is created and provided by third parties located either inside or outside of the United States. They belong to third parties and exist for your convenience. Third-party banners, contents, products, services, or other hypertext links may or may not direct you to their websites or applications for offer, supply, promotion, or reference. This neither means that we endorse the banners, contents, products, or services of such third parties, nor demonstrates that we accept any responsibility, accountability, or liability for them or the use of such websites. 

 

We do not control or manage any non-Site websites including the websites of  third parties such as advertisers, sponsors, platform providers, product or service suppliers, or others. We make no claim about and accept no responsibility for anything on third-party websites, which could be accessible through a hyperlink on the Site or by other third-party websites linking to the Site. You agree that we provide such access without any warranties, representations, or conditions of any kind and without any endorsement.

 

We make no representations whatsoever regarding the accuracy, appropriateness, correctness, completeness, decency, integrity, legality, nature, quality, reliability, or anything else on any third-party websites as well as relevant examination and evaluation. We may disagree with content on those websites, such as their statements or posting, which may not reflect our opinions and may not be consistent with our points of views. We do not guarantee, warrant, or make any representations for any services, products, information, materials, or other content located on any third-party website. We are not responsible, accountable, or liable for any consequences which may result from using third-party websites, and any issues caused by third parties, including any harm or damage related to the purchasing or using their products, services, resources, or contents, or doing transactions including e-commerce transactions made in connection with any of the third parties. 

 

The contents, products, and services of third parties are outside the scope of the Terms and Conditions which do not govern them. You acknowledge and agree that third-party websites are independent from us and not even affiliated with us, and their contents, services, and products are not owned, operated, monitored, or controlled by us.  Complaints, claims, concerns, or questions with respect to third-party contents including products and services should be directed to the third-party. Business you have with any one of the third parties is solely between you and that third party. Your decision to access any third-party websites is completely and entirely at your own risk and discretion. It is up to you to take risks and precautions to ensure that a third-party website is free of such items as malware, ransomware, spyware, trojan horse, virus, worm, and other items of a destructive nature.

 

Please carefully read and review third-parties’ specific terms and conditions as well as their policies to make certain that you understand, acknowledge, agree with, and approve of them, on which services and products are provided by the third parties, before you access through hypertext links on this Site and then involve in any activities associated with third parties such as engagement in any transaction or cookies that automatically collect personally identifiable information. We recommend that you read or review their terms and conditions before submitting an order and purchasing products and services from any one of the third parties. If you agree and click on these links, you will leave our Site and enter their websites. If you do not agree, please do not access, do not use those websites and services, and you should leave them immediately. If you access the Site and use the Service through a third-party website or platform, the terms and conditions associated with the third-party website or platform may also apply to you and you agree that you are subject to those terms.

 

7. User Communication

 

Any data that you send, display, forward, link, post, publish, submit, upload, transmit to us or on the Site, with or without a request from us, in any manner and by any means such as online, by email or mail, via fax or phone, or in-person, including comments, ideas, computer codes, concepts, contest entries, creative ideas, discussion, drawings, feedback, graphics, images, information, know-how, material, messages, notes, original artworks, photos, plans, product ideas, proposals, questions, reviews, suggestions, stories, techniques, videos, audios, or other communication, is hereafter collectively or individually referred to as 'User Communication’. You represent and warrant that you self own and control all the rights to the User Communication before you make the User Communication available on the Site or to us. You represent and warrant that you, instead of us, have full responsibility for their accuracy, appropriateness, correctness, completeness, decency, integrity, legality, nature, quality, reliability, or anything else and being consistent with the Terms and Conditions and applicable laws before submitting your User Communication to the Site or us. You agree and confirm that your User Communication will not contain abusive, defamatory, discriminatory, fake, false, hateful, illegal, inappropriate, inflammatory, infringing, injurious, libelous, malicious, objectionable, pornographic, privacy invasive, profane, obscene, offensive, scandalous, threatening, or any other unlawful material and any harmful codes, malware, ransomware, spyware, virus, worm, trojan horse, or certain other software files or scripts with destructive nature as well as any form of advertisement, commercial solicitation, social activity campaign, any spam or similar communication, or other item that could in any way affect the integrity and operation of the Site or any related websites.

 

User Communication is subject to the Terms and Conditions as well as civil or criminal liability under applicable laws, guidelines, or rules. We take no responsibility and accountability and we assume no liability for any User Communication submitted to us or shared by you on the Site and any issues in regard to or associated with your User Communication. You represent and warrant that your User Communication does not violate the Terms and Conditions and civil or criminal liability under any applicable laws, guidelines, or rules as well as rights of any party including third-party, such as intellectual right, privacy, personality, or other personal or proprietary right. By providing User Communication, you represent and agree that you are legally permitted to upload, submit, or post that User Communication and you do not use a false e‑mail address, misrepresent your identity, affiliation, or status on purpose, impersonate any person, and pretend to be someone else, or otherwise mislead us or third parties as to the origin of a User Communication. You agree and represent that you are not only legally responsible and accountable for but also financially in charge of indemnifying any claims against us by any third party if the claim is related to your User Communication which you share it on the Site, you carry the sole responsibility for it, or the claim is the direct or indirect consequences of making your User Communication available on the Site. In addition, you warrant that, when conducting User Communication, you do not collect information about others, such as email addresses, cause frustration for any other user to use the Site, as well as expose us to any liability or detriment of any kind. 

 

By providing your User Communication to the Site or us, you confirm that you are granting us and we are entitled to all irrevocable, completely free, global, totally paid-up, non-exclusive, perpetual, royalty-free, transferable rights and licenses, including to archive, commercially exploit, copy, delete, disclose, display, distribute, edit, modify, perform, publish, republish, remove, reproduce, use, re-use, and translate any User Communication, in whole or in part as we see fit, on the Site or any other media, with unlimited in time to use any or all the User Communication at any time, without giving you notice, without restriction, without compensating you in any way, for any purpose, in any manner or any way whatsoever, without any requirement to pay or credit you, and for any or all commercial or non-commercial purposes, such as broadcast, creation or re-creation, development, disclosure, manufacturing, marketing, publication, reproduction, or transmission. Your submission of any such User Communication constitutes an assignment to us of comprehensive and complete interest, title, and rights including all intellectual property rights of the User Communication you submit. User communication is, will be, and remains the exclusive property of City Dermatology or us. You acknowledge and agree that User Communications is considered non-proprietary and non-confidential to you. You also agree to irrevocably waive your rights such as intellectual property rights of the User Communication you submit to us. If you do not want to assign to us any aforementioned rights and licenses, please do not provide us with your User Communication or make them available to the Site. Whether the User Communication violates the Terms and Conditions or not, we reserve the right but have no obligation to monitor, edit, disclose, investigate, or delete any or all your User Communication, partially or completely, for any reason, at any time, and with determination in our sole discretion, especially those materials that we deem inappropriate, unacceptable abusive, illegal, inconsistent with our values and the Terms and Conditions. You agree and consent that we are under no obligation to exercise the aforementioned rights, maintain any User Communication in confidence, pay any compensation for any User Communication, respond to any User Communication, keep User Communication for any period, as well as review, monitor, edit, remove any User Communication. We have no liability or responsibility to you for performance or nonperformance of such activities. 

 

8. Restrictions on Use

 

You agree to use the Site only for allowed and lawful purposes, and consist with the Terms and Condition. You confirm not to use, transfer, distribute, or dispose of the Site in any manner that could compete with or damage the business of us or any of our partners, associates, and affiliates. We make endeavors to ensure the safety of the Site and create a secure online environment by prohibiting certain things from occurring. As one of our prudent measures to protect the Site, we reserve the right to change, restrict, suspend, discontinue, or terminate your using this Site for any reason or no reason at any time. For instance, the Content is copyrighted, therefore any unauthorized use of anything of the Content may violate applicable copyright laws and the user will be automatically terminated the authorization of using the Site. We may try to notify you regarding the termination in advance, but we are not obliged to do so. We may limit the Site’s availability partially or completely to any person, group, business, organization, geographic area, or jurisdiction we choose, at any time, and in our sole discretion. Unless otherwise required by a law or an agreement between you and us, you agree that we are not liable to you with respect to your making a claim on your behalf for any costs or losses you incur because of any such changing, restricting, suspending, discontinuing, or terminating your use.

 

You are expressly not allowed to do or plan to do anything which may breach the security of the Site, including: 1. to do anything immoral, obscene, unauthorized, or trouble causing; transgress any international, national, federal, state or provincial, or local laws, bylaws, regulations, rules, or ordinances in any way; 2. to encourage, persuade, induce, assist, or force anyone to do anything that is immoral, obscene, unauthorized, or trouble causing; or encourage persuade, induce, assist, or force anyone to transgress any international, national, federal, state or provincial, or local laws, bylaws, regulations, rules, or ordinances in any way; 3. to conduct or perform, or encourage, persuade, induce, assist, or force anyone to conduct or perform any following liability-causing activities, which may include: (1) to access data, accounts, databases, or servers of the Site without being allowed, permitted, or authorized to access, or use the Site to illegally collect other users’ personally identifiable information and damage their privacy; (2) to violate intellectual property right of us or others, such as copy, frame, imitate, plagiarize, sell, distribute, or make available any part of the Site including the Content and the Service to another website; (3) to abuse, attack, defame, discriminate, disparage, harass, harm, insult, intimidate, or slander an individual based on age, disability, ethnicity, gender, nationality, physical feature, race, region, religion, or sexual orientation; (4) to use the Site to send information with an abusive, deceitful, defamatory, defraud, indecent, illegal, libelous, misleading, obscene, offensive, profane, pornographic, or threatening material; or (5) to send unsolicited or unwanted emails or messages, spread or upload any botnet, malware, pharm, phish, ransomware, robot, spam, spider, spyware, trojan horse, virus, worm, or certain other software file, script, or code, which try to identify electronic system vulnerability, circumvent the security features of the Site, other webstes, or the internet, breach or interfere security or authentication measures, or interrupt, disable, damage, destruct, destroy, limit, or otherwise harm the Site, other websites, host, network, internet, through altering, affecting, or interfering with the appearance, functionality, or operation in any manner whatsoever.

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If you, in our sole judgment, breach or fail to comply with the above not allowed situations or any other the provisions in the Terms and Conditions as well as any applicable laws, we may deny or suspend your accessing or using the Site, or terminate the agreement or contract with you at any time, for our convenience, and without notice, under the condition without prejudice to the other provisions of the Terms and Conditions or any applicable laws. If we reasonably determine that you have violated or are likely to violate the not allowed situations mentioned above, we may take any action we deem necessary to correct or prevent the violation, including the immediate removal of related materials, section, page, or the Site. Your access and use of the Site is always subject to not only the Terms and Condition but also all applicable laws, by which you promise to abide. Under applicable federal, state, or local laws and regulations, or applicable foreign laws, rules, regulations, and treaties, we may be required to or will fully cooperate with any law enforcement authorities or court to disclose the identity of anyone who is believed to have violated any applicable laws or above-mentioned not allowed use. Violating or engaging in any of the prohibited use, or assisting in such use, may result in use termination, legal sanctions, civil liability, criminal prosecution, or any combination of them.

 

9. Limitations of Our Service and Content

 

We reserve the right to amend, revise, make changes, update, or replace the Terms and Conditions partially or completely by posting on this Site from time to time or at any time, with or without prior notice to you, and in our sole discretion. This could be due to external legal, regulatory, or operational issues or internal reasons, for example, reforming our business model, changing our practices, or starting a new kind of service. The most recent updated date of the Terms and Conditions can be found at the top second line of this web page. We notify you of such changes by posting a new version of the Terms and Conditions on the Site, which applies to all users of the Site thereafter. We may or may not try to use other reasonable endeavors to notify you of such changes by email or text message. It is your responsibility to review this web page as frequently as possible for the most current versions of the Terms and Conditions, which become immediately effective once posted and as of the date of publication on the Site. The most current Terms and Conditions supersede any prior versions including any provisions and portions of the Terms and Conditions. Using the Site indicates that you accept the Terms and Conditions, and you swear, affirm, and represent to us that you consent to be bound by the Terms and Conditions and understand and acknowledge the Terms and Conditions to which you are bound by. Continually using the Site after our posting the most recent version of the Terms and Conditions constitutes and confirms that you unconditionally accept and agree to the changes and the current version of Terms and Conditions, you accept, abide by, and comply with all provisions of the Terms and Conditions including any changes to the Terms and Conditions in the current version, and you are sure to us that you consent to be bound by the new version of the Terms And Conditions. 

 

You agree to read and review the most recent Terms and Conditions from time to time and each time before you use the Site and the Service in order to be aware of any changes and determine to accept the current Terms and Conditions to which you are bound. If you do not accept or agree to any part of the Terms and Conditions or agree to be bound by the modified Terms and Conditions, please do not use the Site. Unless you notify us otherwise, when you use the Site, you will be bound by the current version of the Terms and Conditions including any changes we make to it. 

 

If we do not enforce any provision of the Terms and Conditions or not to exercise any right, that will not constitute or be interpreted as a waiver of such a provision or giving up of such right to enforce it. Even if we delay in enforcing this contract, we can still enforce it later. Our failure to act with respect to a breach of the Terms and Conditions by you or others does not constitute a waiver, and this will not limit our rights with respect to such breach or any subsequent breaches. If we do not immediately insist that you do anything you are required to do under the Terms and Conditions or if we delay in taking steps against you regarding a breach of this contract by you, it will not mean that you do not have to follow the Terms and Conditions and it will not prevent us taking steps against you later. Equivocation, ambiguity, or any inconsistency in the interpretation of the Terms and Conditions is not allowed to be taken against the writer of the Terms and Conditions. 

 

The Terms and Conditions should not be construed to limit the clearly established legal rights of you, which is afforded by law. The Terms and Conditions are between you and us, a third party does not have any rights under the agreement, and no one else has any rights to enforce any of its terms. You agree to indemnify and hold us harmless from and against all liabilities, claims, expenses, damages, and losses, including legal fees, arising from any breach of the Terms and Conditions by you or anyone acting on your behalf. Certain provisions of the Terms and Conditions may be superseded by expressly designated legal notices or terms located on some pages on the Site. Please also note that changes or modifications of the Terms and Conditions will not apply to any disputes if the dispute is on or before the date that the changes or modifications are posted on the Site.

 

We take all actions as it deems necessary and reasonable to maintain the security of the Site and ensure full electronic performance of the Site. Because of the nature of the internet or other reasons, it may be impossible to make sure that your access to and use of the Site including third-party websites will be free from data loss, file corruption, hacker attack, contraction and impairment of any malware, ransomware, spyware, virus, worm, trojan horse, certain other software files, scripts, or codes with a destructive nature, as well as other security incidents. 

 

You agree to assume the responsibility of implementing appropriate measures, such as antiviral protection for data integrity, as well as maintaining a necessary data backup for data restoration in case of losing data due to any reasons. We are not responsible and accountable for any computer software or hardware problems such as browser issues, any computer virus related problems, internet systems failures of any kind, and any other technical failures, damage, or loss due to availability problem of network connections or incomplete, delay, or loss of communication or transmissions of orders, which can be attributed to services provided by any server or network provider. We cannot warrant that the Service offered on the Site will be available at the time. We make no warranty that, when using the Site, there is no interruption, free of error, and completely safe or secure, technical problems or defects will be corrected timely, and the Site or the server is completely free of viruses or other harmful or toxic agents.

 

We reserve the right to make changes to any part of the Content and the Service, which could include padding, deleting, modifying, or discontinuing any information contained on the Site such as information about price and the Service availability, which may be constantly subject to change, from time to time or at any time, without notice or liability to you or any other persons or business. 

 

All information, including product information, which originates from our manufacturers, suppliers, or other third parties, may be approximate. It is provided on the Site for convenience purpose only, and subject to change at any time, without notice, and at the sole discretion of us. You agree that it is your responsibility to monitor changes on the Site. The Site may contain certain untimely renewed or outdated information, which is all provided for your reference only. We especially reserve the right to change the feature descriptions, specifications, availability, and price of the Service on the Site at any time and without notice. We reserve the right to disable the Content and the Service or alter registration options available to users. You agree to and accept any such changes and consent that the Terms and Conditions incorporate all such changes. 

 

We make efforts to provide appropriate information on the Site and attempt to ensure that it is accurate, available, complete, timely, and secure. All information you receive from us is believed to be reliable. However, this can be only on an ideal basis and is not guaranteed. You acknowledge and accept that the Content and the Service on the Site are provided to you ‘as is’ and ‘as available’, which means that you may encounter errors or other problems as you use them and information on the Site may be incomplete, not available, or out of date. You agree that your use of the Site, the Service, or the Content is at your sole risk and, if you find any errors, omissions, or other problems on the Site or have concerns or questions, you will contact us as soon as possible.

 

We make no representations and are not responsible, accountable, and liable for any deficiencies in the accuracy, completeness, availability, quantity, timeliness, quality, or security of any information as well as any errors and mistakes in the Content, the Service, and the Site, or issues due to any actions taken by anyone related to the Site, the Service, or the Content, for any unexpected or abnormal consequences of your using the Content, the Service, and the Site, any decision made by using such information, or any outcome of such decision. We have no obligation and do not warrant to update any information on the Site at any time. We do not warrant that the accuracy, completeness, availability, quantity, quality, or timeliness of the Content and the Service on the Site will meet your expectations and needs. The Service may have different qualities or attributes from those listed or shown on the Site. Completely correct product feature descriptions, specifications, and pricing information is not warranted.

 

This Site is prepared primarily as a shopping and purchasing resource. All information on the Site is for reference purposes, it should be used only as general information, for which there is no way to define or limit its scope. It should not be the sole basis for making decisions without consulting primary professional sources of that information, which are more accurate, complete, and timely. The Service and Content on the Site are provided on an "as is" and as-available basis. We make no warranties or representations about the products' condition, expressly or impliedly. We disclaim any and all warranties, including but not limited to warranties of product availability, quality, suitability for a particular purpose, non-infringement, or defect-free as well as meeting client's various requirements.

 

You understand, acknowledge, and agree that any cosmetic, skincare, skin, health care or related information on the Site is intended for informational or educational purposes only. Any part in the Content and the Service does not constitute any form of advice or opinion regarding the suitability for any specific individual, any particular and specific skin area, skin condition, or anything else, it does not intend to be a substitute for or function as a professional advice, consultation, judgment, or recommendation of medical doctor or other associated and related professional personnel in respect to your skin condition or physical health. Any part of the Service or the Content is not intended to diagnose, treat, cure, or prevent a skin disease or perform any other tasks of medicine or other professional or academic disciplines, and it does not replace the need for services provided by medical or other professionals when needed or indicated. The mention of a particular and specific skin or skin condition in the Content and the Service does not constitute a recommendation for your specific need. 

 

You agree that relying on anything on this Site is at your own risk and you will be solely responsible for the professional and technical services provided on the Site for you. Because the manufacture and distribution of cosmetics and skincare products are not thoroughly regulated by the Food and Drug Administration of the United States and no detailed quality standards currently exist in the United States, you might need to consult the use of these substances with your medical doctor or pharmacist. You acknowledge and agree that the Service is for cosmetics and skin care products that, in certain situations, may require the involvement of medical or relevant professionals.

 

We are committed to providing you with a reliable and high-quality service. Therefore, we reserve the right to cancel, change, decline, limit, prohibit, refuse, suspend, terminate, or decline to process the order you place with us, at any time, without prior notice, in our sole discretion or judgment, for any part of the Service that we offer to any geographic region or jurisdiction, for any quantities purchased per person, per business unit, or per order placed by the same method of payment, under the same bill-to name, or with same billing or shipping address. 

 

It could be for reasons such as unavailability of the products, out of stock of the products, unexpected limits on our resources, problems on price or other information, credit issues, incomplete or incorrect orders, orders from countries to which we are not able to ship or with which we have not established business relationship, orders we suspect fraud or abuse of our policies, orders containing any errors, inaccuracies, incompleteness, omissions, and uselessness, no matter the status of the order, e.g., they may have been submitted, accepted, confirmed, paid, or shipped. 

 

If we make an aforementioned change to your order, we will not charge you for the order or apply a credit to the payment type used in your order, and we shall attempt to notify you with the email address, billing address, or phone number you provide at the time the order is made and inform you that the order has not been placed, cancelled, terminated, or not processed for a specific the reason.

 

We may exercise the reserved rights on a case-by-case basis. Unless otherwise required by applicable laws, we do not make any promises or warranties of any kind, whether implicitly or explicitly, about the Site, the Service, or the Content as well as any other internet resources through hyperlinks on the Site. We do not make any representations or warranties about any third-party websites you may access by clicking on hyperlinks on this Site. 

 

10. Your Account

 

You agree to accept your responsibility and liability for using or misusing the account that you create, and maintaining the confidentiality and security of the account, especially your username and password. You agree not to share your username and password, give them to anyone else, and restrict access to such information, your account, and your electronic device such as your computer, and you make sure that your account is for your single use only. You agree that you are responsible for all activities that occur in your account, you promptly inform us once you know any abnormal changes related to your account occur, and immediately notify us if the confidentiality of your account is compromised in any manner or there is any unauthorized use of your login details or account. You agree that we don't have any responsibility for any losses or damages resulting from any unauthorized access and use of your account if you lose or share access to your username and password. We reserve the right to make necessary or reasonable effort to maintain the security of your account, such as requesting information including our sent code to you to authorize access on your account, change your password or username, or deleting, suspending, or terminating your account partially or completely. 

 

11. Privacy

 

We respect your right to privacy, and we may only use, disclose, share, and retain your personally identifiable information to perform, support, and improve the Service and for purposes expressly permitted by the Terms and Conditions and applicable laws. We do not sell or rent your personally identifiable information in any way. 

 

You agree that any personal information that you provide to us will be handled and managed according to our privacy policy, which details our privacy practices. Please refer to our privacy policy for detailed information regarding how your information is collected, used, or shared when you place an order and make a purchase from the Site or your local stores if available. 

 

Based on our privacy policy, we may use your personal information during business activities such as order confirmation, delivery arrangement, or promotion advertisements. You acknowledge and agree that your information including personally identifiable information may be transferred unencrypted and involve transmissions over various networks or changed to conform and adapt to technical requirements of connecting networks or devices, except for your credit card information which is always encrypted during transfer over networks. 

 

With completing the payment for your order, you further confirm that you consent to our collecting and using of your personally identifiable information according to the privacy policy, contacting you electronically such as using unencrypted email sent over the internet, which may be insecure, possibly read by others, or not stored in a secure manner or device, transmitting or disclosing your information from time to time in an unencrypted manner, communicating with our virtual customer service agents on the Site, or leaving a phone message such as an email address to respond to an inquiry regarding your account. You also agree that we may transfer your personal information to and from the United States or another country where the laws may not provide similar kinds of protection. 

 

12. Messaging Service

 

We may regularly send you messages looking for feedback from you in our efforts to constantly improve our products and services, and routinely send you messages including shipping confirmations, order updates, new product releases, marketing information, promotions, reminders, sales events, or other offers through mail, email, text message, or other similar technology such as alerts (collectively and individually 'the Messaging Service'). To enroll into the messaging service, you must be at least the age of majority in the state or province of your residence, and you are in agreement to the Terms and Conditions. As long as you agree and accept the Terms and Conditions, enrollment is not a prerequisite in order to use the Site and make a purchase. When you sign up for the Messaging Service, you may be required to provide and confirm your mobile phone number, authorize us to send you text messages to the phone number you provide, and consent to the use of an electronic record to document your choice to opt-in and the use of an automatic telephone dialing system. If you change your mobile phone number, you agree to notify us as soon as possible. The messages may not be able to be delivered in certain countries or areas. We and the mobile carriers are not liable for delayed or undelivered messages.

 

You acknowledge and agree that you are responsible for any charges if they are incurred due to your participation in the Messaging Service and any claim against the Messaging Service will be resolved in accordance with the dispute resolution stated below. Unless otherwise required by a law or an agreement between you and us, we are not liable to you or anyone making a claim on your behalf regarding any termination, change, or suspension of the Message Service or any text message received as part of the Message Service. You agree that any liability that we or the mobile carriers may have to you in connection with the Message Service will not exceed one hundred dollars.

 

Messaging frequency may vary depending on the Messaging Service program you are enrolled in, mobile carriers’ policy, or your mobile phone’s area code. We reserve the right to send a message at any time, alter messaging frequency, and increase or decrease the total volume and number of messages sent. We also reserve the right to change our short code or phone number from which we send text messages to you or stop offering the Messaging Service at any time with or without notice. We may use information obtained from you in connection with the Message Service, such as your mobile phone number, your mobile carrier’s name, and the date, time, and content of your messages, to contact you and provide services you request from us, as well as send you other marketing and service-related materials. If you have questions regarding how we collect, use, share, and protect your information, please consult our privacy policy.

 

13. Registration, Order, Price, Payment, Shipping, Delivery, Return, Refund

 

From the Site or local store, we sell and promote high quality products and services to distributors, dealers, retailers, resellers, or end users on international or global markets at present as well as domestic markets in the United States in the future. Before using the Site such as placing an order, you may need to register a user account by creating your username and password. You agree and promise that you do not misrepresent your identity when registering on the Site and all information provided by you to us for the registration is complete and accurate to the best of your knowledge.

 

To place an order for purchase on the Site, you need to fill out an online order form and submit it electronically back to us. The order form may contain the characteristics of each product ordered, detailed information on the price (including all applicable fees and taxes), payment methods option, shipping and delivery choice, and the Terms and Conditions link. Before submitting your order form for the purchase, you need to read the Terms and Conditions carefully. By submitting an order form, you unconditionally agree, accept, and undertake to observe the Terms and Conditions even through links. If you do not agree with a certain part of the Terms and Conditions, please do not submit your order form on the Site.

 

Once we have electronically received your completed order form and verified the order information as correct, the order is deemed to have been submitted. Then, we assign a transaction ID to your order and send you a receipt by email indicating that the order form has been received. Please include the transaction ID whenever you contact us about the order, it will help us to identify your order promptly. The order form will be filed in our database for the time required to process your order. You may access your order information by logging into your account and visiting the Order page.

 

All orders are subject to credit evaluation and approval, including reviewing orders previously placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. We confirm orders by email. But receiving an email order confirmation does not constitute accepting an order or confirming an offer to sell a product or service. Our acceptance of your order will take place when payment for the order is made successfully and we have received such payment in cleared funds, at which point an order will come into existence between you and us and then you would normally see a popup window page or be directed to a page showing payment success, and the Order page would list your order items as ‘Ordered‘. 

 

If you want to cancel your order, you must end the whole order rather than a part of it. The cancellation may or may not be acceptable depending on factors such as what you have ordered or bought, whether there is anything wrong with the order, how we have processed or performed, and when you decide to end the order. Once you successfully make an order, you normally cannot cancel or exchange it except that you have a reasonable and convincing explanation, for example, price error, product unavailability due to events outside our control, incorrect product description, or something we have done wrong. In these cases, you may have a right to end the contract and we may refund you for any products which have not been shipped. You may get your money back in full or partially. Please let us know that you would like to end the purchase by email as early as possible. Please provide the transaction ID number, your name, email address, mailing address, billing address, phone number, and details of your order.

 

Upon accepting your order request, we will process the order as soon as possible. We are not liable and responsible for delays caused by an event beyond our control. For instance, if our product supply is significantly delayed, we will contact you immediately to minimize the unwanted effect of the delay and you could choose to accept the delay or cancel your order and receive a refund for products you have paid for but not received. We will not be responsible and liable for any costs or losses incurred by you because of the delay. 

 

We reserve the right to stop processing an order or suspend offering the Service partially or completely, due to lack of complying with the Terms and Conditions, unavailability of a product or service, significant technical issues, legal and regulatory requirements, and so forth. We will contact you in advance to inform you of this situation unless the problem is urgent or an emergency. 

 

Product price presented on the Site is quoted in U.S. dollars and will be the price indicated on your order page when you place an order. It does not include non-refundable processing, shipping, and delivery cost as well as tax, custom fees, and other applicable charges. Please proceed to the checkout step to see the final cost of the sale before submitting your order form. Each order is limited to a total purchase amount between three hundred U.S. dollars and fifteen hundred U.S. dollars unless specially permitted by us. Prices on the Site are subject to change from time to time, without notice, and at the sole discretion of us. We take all reasonable care to ensure that the price on the Site is correct. Just like any other information on the Site, pricing errors may occur. Despite our reasonable care, it is always possible that some of the products we sell may be incorrectly priced.

 

Provided that you find the price that we have quoted to you is wrong and you have already paid for the order, please contact us promptly to let us know the details, and you may cancel your order at any time prior to the process of your order and receive a full refund without any penalty. Provided that you find the price that we quoted to you is wrong and you have not paid for the order yet, please contact us promptly to let us know the details and you may choose to cancel your order or keep the order and pay the correct price. 

 

Provided that we discover an error in the price of the product that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it at any time prior to process of your order and receive a full refund without any penalty. For the cases aforementioned, if we have processed your order, you may end the order, return the products with the original intact package, and receive a refund less the handling, shipping, and delivery fees; if you have received the products and the product is partially used or its original package is more or less damaged, refund may not be available. Returning a purchased item in exchange for another one may not be in current practice. For details on how to cancel an order, please refer to our return policy and read it carefully and in its entirety. 

 

You agree to pay the price for the ordered products and all shipping, delivery, and handling charges, as indicated on the order form, as well as cancellation charges if needed. Payment for the product price and the purchase-related costs must be made by using one of the procedures indicated on the order form. You remain responsible for any taxes and fees issued by your credit card carrier that may be applicable to your transaction. At present, we may accept payment methods including business check, cashier check, money order, letter of credit, and credit cards including Visa, MasterCard, and American Express. In the future, we may accept Apple Pay, Alipay, or WeChat Pay, and we may issue gift cards of membership. You need to pay at the time of placing the order on the Site. It will be charged to your current account before the purchased products are shipped. We accept your payment via our third-party payment process provider, such as the Bank of America Merchant Services or other third-party merchant providers engaged with us. You represent and warrant that you have the legal right to use the specific payment card or other payment method utilized in connection with any of your transactions. 

 

In order for us to complete your transaction and contact you as needed, you agree to provide complete, correct, current, and accurate information, such as your financial information, email address, and credit or debit card number, card verification value, card expiration dates, account information, billing and shipping information, and other necessary personally identifiable information. We may need to verify this information prior to the acceptance or shipment of any order. By submitting such information, you grant us the right to provide such information to the third-party payment process provider for the purposes of verifying and completing the transaction initiated by you or on your behalf. We reserve the right to request additional information to verify any transaction and, if necessary, suspend, terminate, or cancel any transaction. Your financial information will be used by us only for performing the procedure of your purchase, issuing refund in the case of return in compliance with the exercise of your return right, or reporting fraud on the Site to the police department. 

 

We will not have access to the detailed information you provide to the third-party payment process provider. Your payment will be processed by them rather than us. You will be bound by third-party payment process provider’s, such as the Bank of America's, terms and conditions as well as policies. Please carefully read and review their them, such as the one of Bank of America at https://www.bcp.ml.com/public/content/bcp/en-us/disclaimer/legaldisc.htm , now to make certain that you understand, acknowledge, agree with, and approve of them, before you submit your payment. If you do not agree or approve, please do not pay, and you should contact us immediately to discuss other possible payment options. We will not be responsible and liable for any possible damages, costs, or losses that you incur due to the use of a third-party payment process provider, such as the Bank of America, or any use of your personally identifiable information by them.

 

Not only a product or service on the Site may have a different price from what is shown on the Site, but also its availability may vary. A product or service shown on the Site could be unavailable partially or completely. Its display on the Site at one time does not mean that it will be available at any time. It may have only limited quantities if it is not completely unavailable. Orders are subject to stock availability and our acceptance of your order. Any offer made on this site is void if the order is refused or prohibited. If the products displayed on the Site are no longer available at the time you submit your order form, we will inform you of the unavailability of the ordered products after receiving your order. For those unavailable, if the order form has been sent and the charge has been made against your payment method, we will refund the amount paid. No rain checks for any items on the Site will be offered. We reserve the right to discontinue the Service for any reason, at any time, and partially or entirely.

 

When an order is placed by you and accepted by us, your ordered item will be processed, shipped, and then delivered to the shipping address on the order form as long as the address is compliant with the shipping restrictions stated on the Site by our third-party logistics provider UPS or such other commonly used third-party logistics shipping carrier contracted with us. We offer shipping and delivery to international or foreign country addresses. At present, we are not able to deliver products to P.O. boxes, A.P.O. (military) boxes, D.P.O. (diplomatic) boxes, F.P.O. (foreign) boxes, parcel locker, parcel pick-up service address, or other general delivery address. Orders cannot be placed for these general delivery addresses. For health and safety concerns, if there exist confirmed or possible contagious disease cases or other potentially dangerous situations such as earthquake or extreme weather at the delivery address, the shipping and delivery may be suspended and rearranged at our sole discretion. We will contact you accordingly. Please refer to your Shipping Policy for further details.

 

The delivery process is completed on the delivery of ordered items to the delivery address that you provide. It is your responsibility to ensure your delivery address is accurate and complete. Any delivery date given to you is only an estimate that does not form a part of our agreement with you. We cannot warrant that the estimate will be met. We are not responsible and liable for the delivery if you provide an incorrect delivery address or fail to collect the item from the delivery address which you specified. Delivery fee will be charged for each order and is non-refundable. Our delivery service arrangement may be changed from time to time at our sole discretion and we reserve the final right to accept, delay, or refuse your delivery request.

 

Upon your receiving of the order confirmation and our obtaining of the payment for it in full, you own the item. An ordered item will be your possession and responsibility from the time it is delivered or deemed delivered. The risk of loss of items purchased from the Site or store passes to you upon sending of the items to the carrier. You are responsible for filing any claims with the carrier for damaged or lost shipments. Provided you need to change your delivery details, you must contact us as soon as possible. Once your order has been shipped, your delivery details cannot be changed.

 

Products purchased through the Site can be returned in certain situations. Return can only be made at the Site or one of our authorized brick-and-mortar local stores where you make the purchase. If a product you have received is incorrect or does not correspond with what was wanted and ordered, you may return products you have ordered within twenty calendar days of the product receipt as long as the product is not opened and with all original packaging. You need to provide a copy of your physical order invoice such as the one included in your order parcel to return. We will refund you the price you paid in U.S. dollars for the product by the method you used for payment. Refunds back to your card will be processed by our third-party merchant payment provider, such as Bank of America Merchant Services. Your receipt of the refund will be subject to processing by your card issuer. We will make a refund due to you within ninety days from your order day unless otherwise noted. 

 

We are not obligated to accept returns of products ordered on the Site that are not in compliance with our Return Policy. Please consult our Return Policy for detailed information. Our Return Policy does not apply to purchases of twenty or more selling units of the same product in the same transaction on the Site with the total purchase price for such items exceeding five hundred dollars. For purchases of twenty or more selling units of the same product in the same transaction on the Site, all sales are final which means that no returns will be accepted by us. Subject to applicable laws, we reserve the right, in our sole discretion, to reject any returns, exchange, or refund request. Information in all our policies forms an incorporated and integral part of the Terms and Conditions. Their most current versions should be fully read, reviewed, and consulted and accepted by you before the time your order request form is submitted.

 

14. Limitation of liability for Use the Site

 

We are responsible for the foreseeable loss, damage, or injury that is a direct result of our breaching agreement or contract with you, but we are not responsible for any loss, damage, or injury that is not direct and foreseeable. Loss, damage, or injury is foreseeable if it is obvious that it will happen, both you and we know it might happen at the time the purchase was made, and you discussed it with us in writing during the sales process.

 

Except for indemnification obligations aforementioned, under no circumstances and in no event, we are liable and responsible, to the fullest extent permitted under applicable laws, to you or to any other relevant person such as your associates, for all and any consequential, exemplary, incidental, indirect, special, or punitive damages, loss, injury, or claim of any kind arising out of, resulting from, or being associated with, related to, or in connection with the Terms and Conditions as well as the following situations including but not limited to: your any use of or unable to use the Site including the Service and the Content, the unavailability of the Site including the Service and the Content, partially or completely; your reliance on the accuracy, completeness, reliability, or timeliness of anything inside the Site or its hypertext linked websites; any unauthorized use or disclosure of your personally identifiable information due to our negligence or recklessness; unauthorized access to the site, work stoppage or strike; somebody else or third-party's violation of law such as unconscionable or intentional misconduct, crime, fraud, or felony.

 

The liability limitation of the Terms and Conditions applies to the benefit of us, service partners, or any companies to whom we may transfer our rights and obligations. You agree that an order placed on the Site may be processed or fulfilled by our business partners. We disclaim any responsibility or liability for all and any of the consequential, exemplary, incidental, indirect, special, or punitive damages, injury, loss, or claim of any kind resulting from not only the activities of us and our products or services but also the activities of any business partners and the products or services offered by a business partner, or our failure to complete necessary duties.

 

The above mentioned damage, injury, loss, or claim of any kind, for which we disclaim liability and responsibility, includes but not limited to: any business loss such as any business interruption, loss of profits, savings, revenue, data, money, business property, business real estate property, goodwill, and the like, which are based on contract, warranty, tort, liability or otherwise, even if either you or we have been advised of the possibility of such loss or could have foreseen any such loss; computer hardware or software failure or malfunction, network or system outage, computer infection of virus, worm, malware, ransomware, spyware, trojan horse, and other such items of a destructive nature, electronic file corruption, loss of data or programs on your electronic information handling system or any hardcopies; damage or loss of personal property, real estate property, job, income, or profits, personal physical injury, disease, or death, any personal failure of communication or performance, any error, omission, interruption, deletion, defects, or delay in the Service, theft, any destruction, alteration, loss of using any record or data; and any other tangible or intangible loss or damage, whether based on breach of contract, warranty, tort including negligence, or otherwise, even if either you or we have been advised of or should have known of the possibility of such losses or damage.

 

In the event that a local jurisdiction, state, provincial, national, or federal law does not allow the exclusion or limitation of liability or responsibility aforementioned for certain damages or losses, our liability or responsibility may be limited to the maximum extent permitted by the applicable laws in such a situation. 

 

If any part of this limitation of liability is found to be invalid or unenforceable for any reason, our aggregate total liabilities arising out of or related to the Terms and Conditions or the use of the Site, the Service, or the Content will be limited to five hundred U.S. dollars or otherwise not exceed the fees received by us for client's use of the Site, the Service, the Content in the twelve months preceding the claim.

 

15. Disputes Resolution

 

We hope you enjoy using this Site and thank you for shopping with us. However, a dispute may arise between you and us. The Dispute collectively and individually hereafter refers to any or all disagreements, controversies, conflicts, or claims between you and us, which is within, over, related to, associated with, connected with, or arising out of the Terms and Conditions or the use of the Site, the Service, and the Content, such as billing issues and product problems, during the period that you expressly understand, accept, and agree to the Terms and Conditions and you have a customer status. The Dispute does not include those about the alleged violation of intellectual property rights.

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You acknowledge and agree to indemnify, defend, and hold us harmless from and against any claims, demands, damages, judgments, liability, losses, settlements, penalties, and causes of action and associated costs and expenses including attorneys’ fees, arising out of or resulting from the use of the Site, the Content, and the Service by you in whole or in part. By using the Site, the Service, and the Content in any way, you unconditionally consent and agree to the following dispute resolution methods and arbitration provisions.

 

You hereby expressly agree that, if the Dispute arises, it will be resolved only by binding individual arbitration, which takes the place of a trial before a judge or jury and will not be entered in any court. To the fullest extent permitted by law, you acknowledge and agree: 1. by resorting to binding arbitration, you waive your right to sue, litigate, or appeal in any court and not having the dispute decided by a court judge or jury; 2. you bring a claim against the opposing party only in an individual capacity, you give up your right to join a mass arbitration; 3. you resolve the dispute with us individually instead of being a part of any form of class action lawsuit or representative action; 3. not participate in a class wide settlement.

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By using the Site in any way, you expressly agree to waive the aforementioned rights, and you agree to settle any and all of the Disputes by binding individual arbitration before the American Arbitration Association or a single arbitrator in the state of Maryland, United States. Both you and we agree that any one of the Disputes be resolved solely by binding individual arbitration under the rules and procedures of the American Arbitration Association, a non-profit arbitration administrator. The arbitration will be administered by the American Arbitration Association and heard by a single and neutral arbitrator. Unless modified by the Terms and Conditions, the American Arbitration Association will administer the arbitration pursuant to their applicable rules and based on the nature of the specific case of the Dispute. The American Arbitration Association Rules and fee information can be found at www.adr.org. The American Arbitration Association Rules will govern the payment of all arbitration fees. Each opposing party may engage with the American Arbitration Association to discuss fee reductions and deferred payments. The Dispute may also be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator according to the rules of JAMS. For more information on JAMS and its rules, visit their website at www.jamsadr.com. You agree that, when the Dispute arises between you and us, the arbitration of the Dispute will be exclusively held, done, and completed in the Washington DC Metropolitan Area of Maryland. You agree and accept that the Dispute is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 and applicable laws of the State of Maryland as well as this Terms and Conditions, without regard to the conflicts of laws principles of any other jurisdiction. 

 

An arbitrator applies the applicable laws that are consistent with the Federal Arbitration Act and honors claims of privilege recognized at law. An arbitrator has no authority for a claim to be arbitrated on a class or representative basis, does not consolidate or join the claims of other persons or parties who may be similarly situated, and only can decide you or a business entity’s individual claim. If you want to choose to litigate or sue in a court or join claims in arbitration with other users or parties as a plaintiff or a class member in a class action rather than to bring dispute into arbitration on an individual basis, please do not use the Site. 

 

You hereby acknowledge and agree that any of your claims arising out of the Dispute are compensable only by monetary damages although the arbitrator may award relief, including monetary, declaratory, injunctive, or other equitable relief in favor of the individual party seeking relief. Any claims arising out of the Dispute must be filed within six months after the cause of the Dispute occurs or be forever barred if beyond six months. The agreement to the resolution method of the Dispute will survive termination of the Terms and Conditions or cancellation of your customer status. Changes in the resolution method and arbitration provisions will not apply if the Dispute is on or before the date the change is posted on the Site. 

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Under certain unusual circumstances that both opposing parties decide to resolve the Dispute in a court, you agree that the Dispute will be submitted for resolution only to a state or federal court in the Washington DC Metropolitan Area of Maryland. Unless both opposing parties agree otherwise, to the fullest extent permitted by law, the state and federal courts in the Washington DC Metropolitan Area of Maryland have exclusive jurisdiction over the Dispute between you and us, which is subject to arbitration for dispute resolution but decided to go to a court by both opposing parties. You confirm that you consent to this jurisdiction and waive any objections to favor another jurisdiction.

 

We attempt to make every effort to informally resolve any disputes that arise with you. You agree that, before starting arbitration, you must send a dispute notice to us, which contain your first name, last name, telephone number, mailing address, email address, a detailed description of the Dispute and relief sought, as well as a signature of you as the initiating party. You agree to send your notice to us via letter delivered by first class postage prepaid mail or courier to our office at Laurel, Maryland, United States. We will send our notice to you with the contact information we have on file for you. You and we then attempt to resolve the dispute through informal negotiations within three months from the date the notice is received or a longer if agreed with by both opposing parties. You and we must use reasonable and good faith efforts to resolve the dispute. 

 

If the party receiving the notice requests a conference by telephone, online, or in-person as part of this informal process, or if the claim is more than three thousand U.S. dollars, both you and we agree to participate in the conference to resolve the Dispute, 

during which you and we or your and our representatives will personally attend this conference along with your and our counsel. You agree that formal arbitration proceedings will not start if there is a lack of full compliance with this informal resolution process.

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If the Dispute is not resolved through the mandatory informal resolution process, it will be resolved by binding individual arbitration to be held in the Washington DC Metropolitan Area of Maryland, United States. Both you and we agree that the arbitration is designed to be efficient and cost-effective for both parties. 

 

According to American Arbitration Association Rules and this provision, the party seeking to initiate the arbitration must provide the opposing with the demand for arbitration. The demand for arbitration must be personally signed by the party initiating arbitration. By signing the demand for arbitration, the initiating party certifies that they have complied with the mandatory pre-dispute resolution process and all the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. 

 

You agree that, in any event, for the Dispute, our maximum liability to you, for any reason relating to the Terms and Conditions and use of the Site, the Service, and the Content, is limited to full amount you paid to us for the products or the services resulting the Dispute, except to the extent determined to have resulted from the gross negligence or willful misconduct of us. 

 

The arbitrator, who is authorized to award relief or impose sanctions under Federal Rule of Civil Procedure 11 or applicable federal or state laws, can award relief only to the extent necessary to provide relief. The arbitrator does not have the power to award punitive damages even though acceptable to the opposing parties. The arbitrator’s award may be entered in a court only if necessary for the purposes of enforcing the arbitrator’s award. The arbitrator’s decision will be in writing and binding, controlled by applicable laws or agreements and the Terms and Conditions, and conclusive on you and us.

 

16. Customer Service and Contact

 

Customer service can be contacted at the following mailing address and phone number.

Laurel Manhattan

13623 Baltimore Ave

Laurel, MD 20707, United States 

Tel: 301-873-0899

Please note that our customer service can help answer your questions or resolve your online problems, but it is not authorized to waive any provision of the Terms and Conditions.