TERMS
Welcome to the CONTEXT website. Please take time to review the following terms that govern your use of and purchase of products from our site. Please note that your use of our site constitutes your agreement to follow and be bound by these Terms of Use (the "agreement").
GENERAL
We may from time to time change the agreement that governs your use of our website. Your use of our website following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our website, and any changes are effective immediately upon posting to the website. You acknowledge and agree that these Terms of Use, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of our website, and supersede and govern all prior proposals, agreements, or other communications.
PRIVACY
Please review our Privacy Policy, which also governs your visit to our site, so that you understand our privacy practices.
WEBSITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this site (the "contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by CONTEXT collectively. The site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by CONTEXT. All contents of our site, and the site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of our website. You may download or copy the contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the site, or any related software. From time to time there may be information on the CONTEXT website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submited your order). We apologize for any inconvenience this may cause you.
ORDERING POLICY
Each time you purchase from CONTEXT, you acknowledge that you have read and accepted our Customer Service policies. The products and services available on our website are for personal use only. You may not sell or resell any of the products or services, or samples there of, that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to orders placed through our website (such as order processing, shipping and handling, returns and exchanges), please visit our Customer Service. User comments, feedback and other submissions. All comments, feedback, postcards, suggestions, ideas, and other submissions (including any audio or video recordings, and still images) disclosed, submitted or offered to CONTEXT on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, "comments") shall be and remain the property of CONTEXT. Such disclosure, submission or offer of any comments shall constitute an assignment to CONTEXT of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, CONTEXT will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. You agree that no comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
PRODUCT INFORMATION
Prices displayed on our website are quoted in U.S. dollars. We attempt to be as accurate as possible when describing our products on the website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions or other content available on the website are accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors of our products on our website. However, as the actual colors you see may be affected by the make, model, condition, and settings of your monitor, we cannot guarantee that your monitor will accurately depict the actual color of our products.
YOUR ACCOUNT
You may choose to register at our website. If you do you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username, and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Agreements or if we decide, in our sole discretion, that it would be in CONTEXT best interests to do so.
PROHIBITED ACTIVITIES
You agree to use our website in a manner consistent with all laws and regulations and in accordance with the Terms of Use. You warrant and represent that your comments and your activities on the website do not and will not violate the Terms of Use or the rights of any third party. You also acknowledge and agree to the following:
- You will not use any robot, spider, computer script or other means to access, retrieve, scrape, data mine or index any portion of the website;
- You will not take any action on the website in any manner that is designed to interfere, disrupt, damage, disable, overburden or limit the functionality or performance of any software, hardware, telecommunications equipment or the website, including without limitation submitting any virus, trojan horses, worms, or any other program or code;
- You will not circumvent or modify the website security technology or software;
- You will not use automated scripts to collect information from, or otherwise interact with, the website;
- You will not impersonate any person or entity (including merchants) or misrepresent yourself, your age or your affiliation with any person or entity;
- You will not attempt to use another User’s account, username or password;
- You will not “stalk,” intimidate, abuse, harm or harass any other user of the website.
If we believe that you have engaged in any of these prohibited activities, we may, at our sole discretion, ban your access to the website; remove your comments; and/or seek legal remedies against you.
LINKS TO OTHER WEBSITES & SERVICES
To the extent that this site contains links to outside services and resources, the availability and content of which CONTEXT does not control, any concerns regarding any such service or resource, or any link
thereto, should be directed to the particular outside service or resource.
ELIGIBILITY - USERS UNDER 18
Our website is intended solely for users who are 13 years of age or older; it is a violation of the Terms of Use for anyone under 13 to use the website. You represent and warrant that you are 13 or older. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to use the Website and post any comments. We reserve the right to deny access to the website to any user at any time, in our sole discretion.
MOBILE SERVICES
The website may provide services and features that are available for use on certain mobile devices. Your carrier's normal rates and fees apply. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.
INTERNATIONAL USERS
We control and operate the website from our offices in the United States. We do not represent that any content displayed on the website is lawful or available for use in locations outside the United States. If you choose to access the website from locations outside of the United States, you do so at your own initiative and risk.
COPYRIGHT NOTICE & TAKEDOWN
If you are a copyright owner and you believe that your work has been copied and used on the website in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information:
(1) physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(2) description of the work you claim has been infringed and the location of the alleged infringement on the Site;
(3) your contact information including address, telephone number and e-mail address;
(4) a written statement that you have a good faith belief the accused usage is infringing;
(5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright compliance officer at CSERVICE@CONTEXTSKIN.COM.
WARRANTY DISCLAIMER
THIS WEBSITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that CONTEXT shall not be liable for any damages of any kind related to your use of this website. CONTEXT products are not intended to diagnose, treat, cure, or prevent any disease or condition, and we will not accept responsibility for any injury, illness or damages caused by failing to seek or take proper medical advice. Any attempt to treat a medical condition should be supervised by a qualified medical professional. You are responsible for ensuring that our products are suitable for your own needs and are used correctly. This includes avoiding products that include ingredients to which you are intolerant, sensitive or may react.
LIMITATION OF LIABILITY
CONTEXT SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE WEBSITE CONTENT, OR THE CONDUCT OF OTHER USERS OR THIRD PARTIES; (II) THE PERFORMANCE OF THE PRODUCTS PURCH ASED THROUGH THE WEBSITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR COMMENTS; OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF OUR OTHER PRODUCTS OR SERVICES. OUR MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE, USE OF THE WEBSITE, CONTENT OR YOUR COMMENTS IS TO STOP USING THE WEBSITE. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OUR LIABILITY SHALL NOT EXCEED US$100.00. OUR LIABILITY SHALL NEVER EXCEED THE AMOUNTS PAID TO US BY YOU FOR OUR PRODUCTS OR SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold CONTEXT harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of the website.
MISCELLANEOUS
• Law and Venue -- You agree that the website, the Terms of Use, our Privacy Policy and any dispute between you and us shall be governed in all respects by New York law, without regard to choice of law provisions.
• Limitations on Claims -- Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises.
• No Waiver -- Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the Terms of Use.
• Assignment -- We may assign our rights and duties under the Terms of Use to any party at any time without notice to you. You may not sell, assign or otherwise transfer any of your rights or obligations under the Terms of Use to anyone.
• Severability -- If any provision in these Terms of Use are invalid or unenforceable, the remaining provisions of the Terms of Use shall continue to be valid and enforceable.
• Entire Agreement -- The Terms of Use and Privacy Policy constitute the entire agreement between you and us and govern your use of the website. The Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of the Terms of Use.
PRIVACY
Our Privacy Policy is incorporated into, and is subject to our Terms of Use. Your use or purchase of our products and services, and any disputes arising from them, is subject to this Privacy Policy and our Terms of Use. Please review our Terms of Use as they govern your visit to our website. Your privacy is important, and at CONTEXT we are committed to protecting that privacy when you shop with us. If you have any questions or concerns please contact us. We do not collect personally identifiable information about you, except when you provide it to us. If you choose to register on our website you may be asked to provide certain information such as your contact information (name, email address, mailing address, and telephone number), age group, gender and product and/or cosmetic concerns. If you place an order, we will also need to know your shipping and billing addresses, credit card number and expiration date. Your credit card information is processed through Authorize.net, and never stored on our website. To protect your personal information when you register on our website you must also enter a user name or email address and password. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information. If you submit your personally identifiable information on our site you are giving your consent to the collection, use and disclosure of that information in accordance with our Terms of Use and Privacy Policy. We never sell, trade or transfer your personal information with any other business, organization or third party. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as these parties agree to comply with this privacy policy and therefore keep this information strictly confidential. When you place an order, we ask you for the information we need to process that order. If you choose to set up an account, then your information will be securely stored until you are ready to place your next order. Regardless, we never store credit card details. And you do not have to set up an account to place orders. Occasionally, we have special promotions and send out newsletters. If you choose, you may "opt-in" to having these sent to you by joining our e-mail list. You may easily opt-out of our e-mail list at any time. If you have provided us with contact information by registering or making a purchase on our website we may from time to time need to contact you with service or customer service related communications. Under some circumstances we may disclose any information we deem necessary in order to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction. If CONTEXT, or substantially all of its assets are acquired, or in the unlikely event that the company goes out of business or enters bankruptcy, user information, including your information, could be among of the assets that are transferred to or acquired by a third party. Our security system prevents unauthorized access to your personal information whether you are online or offline. Our site uses PCI compliant state-of-the-art Secure Sockets Layer (SSL) encryption technology. All sensitive data is sent through secured pages. We do not store credit card information on our server. The CONTEXT site uses "cookies," small bits of electronic information, which are stored by the Web browser on your computer's hard drive. No personal information is stored on the cookie. You may, if you choose, turn off the cookie function in your Web browser. If you turn off the cookie function, you may be limited in your use of some of the features of our website. Cookies allow us to gather information about which parts of our site are more popular, and to tailor our products to the needs and interests of our visitors. We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information concerning your use of the Site, such as information regarding which of our pages are most popular. We may share or transfer non-personally identifiable information with partners. We take special steps to safeguard the privacy of children. If you are under 13 years of age, you are welcome to browse our website. However, you may not provide us with personal information. You may neither register on our website nor make a purchase. Our site is not designed for children and we do not knowingly collect personally identifiable information from any children under 13. Our operations are conducted, in whole or in part, in the United States. Regardless of where you live in the world, you consent to have your personal information transferred, processed and stored in the United States, and to allow us to use and collect your personal information in accordance with this Privacy Policy. We are not responsible for the content of any pages, websites, applications or other services linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us or our affiliates or their partners of the referenced content, product, service or supplier. Your linking to or from any off-site pages or other websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all other pages, websites, applications and other services that you visit and/or use. From time to time we may revise this Privacy Policy, and all revisions will be effective immediately and posted here. We recommend that you review this policy periodically. CONTEXT is committed to protecting your privacy when you shop with us. If you have any questions or concerns please contact us at CSERVICE@CONTEXTSKIN.COM.