We’re so confident in the powerful ingredients in our Growth Factor Sculpting Cream™ that we are letting everyone try it out for a full 60 days, completely risk free.
If you are not 100% satisfied, and you do not experience positive age reversing results, then we will return your money, every single penny, and won’t hold it against you.
THE Information We Collect
NYC Skin obtains information about you when you use our Services. Please note that we need certain types of information so that we can provide Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use all or part of our Services.
1. Information You Voluntarily Provide to Us
NYC Skin collects information directly from you in a variety of ways including:
• The account registration process and the administration of your account;
• Processing your request for a medical marijuana evaluation or personalized consultation;
• Receiving the questions, communications, or feedback you submit to us via email or online forms;
• Your participation in research and surveys; and
• Requests you submit for customer support and technical assistance, including through online chat functions, message, and text messages.
NYC SKIN collects the following types of information directly from you:
• Name, date of birth, social security number, mailing address, telephone number and email address;
• Billing information, such as credit or debit card number, bank account and routing numbers, and identity verification information that is collected though our payment processors on our behalf;
• Information about your medical conditions, family medical history, previous types of treatment, lab results and medical records or other related health information;
• Log-in credentials;
• Information about purchases or other transactions with NYC SKIN;
• Information about your customer service and maintenance interactions with us;
• User-generated content you post in public online forums on our Services; and
• Any other information you choose to directly provide to us in connection with you use of the Services.
2. Information We Collect Through Automated Means
NYC SKIN and our services providers (third party companies that work on our behalf) use a variety of technologies to assist in collecting information about your use of the Services and the devices you use to access the Services.
Visitor Data. When you use our Website, we collect information that will help us understand and analyze your experience interacting with our Services. For example, we may collect information related to domain names, the type of browsers used to access the Services, operating system software, browser plug-ins, cookie preferences, search engine keywords, the pages you viewed and amount of time spent on particular pages, terms you use in you searches on our Website, and similar information.
Location Information. When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location).
Cookies. “Cookies” are a feature in your browser software. If enabled, we, or our service providers, may write cookies that may store small amounts of data on your computer about your visit to any of the pages of the Website. Cookies assist us in tracking which of our features appeal the most to you and what content you may have viewed on past visits. When you visit this Website again, cookies can enable us to customize our content according to your preferences.
• keep track of the number of return visits to this Website;
• accumulate and report aggregate, statistical information on Website usage;
• deliver specific content to you based on your interests or past viewing history; and
• save your password for ease of access to the Website.
You can disable cookies, although the Website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com. In order to use all of the features and functionality of NYC SKIN’s Website, you need to accept cookies.
Web Beacons. A web beacon, sometimes called a tracking pixels, is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows NYC SKIN and our third-party service providers to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, we also use web beacons in email messages sent to individuals listed in NYC SKIN’s database.
Other Online Tools. Verhieal may also use a web server log or an SDK. A webserver log is a file where website activity is stored. An SDK is a set of tools and/or code that we embed in our software to allow third parties to collect information about how people interact with our Services.
As we continue to develop the Website and our Services, NYC SKIN may implement additional methods to gather information about the NYC SKIN community.
3. Information We Collect From Social Media and other Content Platforms
NYC SKIN maintains a presence on a variety of social media platforms. When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media platforms, we may collect some information about you. This information includes your name, email address, any comments or content you post that is relevant to NYC SKIN. We also collect your information if you sign up for a promotion and submit information to us through one of our social media accounts.
NYC SKIN also maintains several blogs as a part of its Services. When you comment or post content to any of our blogs, we will collect your name and email address.
4. Information We Receive From Other Sources
NYC SKIN works closely with third parties (including, for example, physicians, cannabis experts, and dispensaries with whom we partner to provide you with the Services and their healthcare services, subcontractors in software engineering, advertising networks, analytics, and search information providers). These third-parties may provide NYC SKIN with some additional information about you.
HOW WE USE YOUR INFORMATION
The following paragraphs describe how NYC SKIN uses your information in connection with our Services.
General Use. NYC SKIN will use your information as necessary to carry out and manage its Services. This includes, using your information to verify and administer your account, including processing payments and fulfilling orders (if applicable). We will use your information to communicate with you about NYC SKIN’s Services, your use of the Services or your inquiries related to the Services. NYC SKIN will use your information to ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure.
Improve NYC SKIN’s Services. NYC SKIN continuously seeks to improve its Services. To do so, we conduct research to understand the effectiveness of our Services, improve our Services, and to better understand the NYC SKIN community. If we publish the results of our research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.
Promotional Communications. We will use your personal information to communicate with you by email, postal mail, phone, or text message about surveys, promotions, special events or our products and Services and those of our affiliates or third-party partners, and any of their related businesses. By creating an account and using this Website, you are giving your express permission to NYC SKIN and their agents or vendors the right to contact you with targeted advertising materials by email, text message (SMS), telephone or cellphone, including the use of automated, predictive, programmable, or similar (“robodialers”) dialers or dialing software, or any other means of communication to provide promotional offers. To the extent applicable, you expressly acknowledge that you are solely responsible for all charges billed by your mobile service provider. If you no longer wish to receive promotional communications by email, please follow the unsubscribe link located at the end of the email message.
Marketing/Performance Analysis & Data Analytics. We will use your information to help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services. We may use your information to measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you.
Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
Data Analytics And Advertising
1. Data Analytics
We may use third-party web analytics services (such as those of Google Analytics (including Google Signals, Google User-ID, and other Google Analytics features) and MixPanel) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. And to opt out of Google Signals, please open your “Settings” app, locate and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.” You may also be able to disable cross-device tracking through your Android or Apple device-based settings.
If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
2. Online Advertising
We sometimes provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.
Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.
3. Mobile Advertising
When using mobile applications from us or others, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.
4. Email Marketing
By submitting your email address through the Website, you are expressly consenting to receive emails from NYC SKIN, including from NYC SKIN’s affiliates, and from third parties concerning offers and advertisements unrelated to NYC SKIN. To opt-out of receiving email messages from us, from our affiliates or from other third parties, click on the “Unsubscribe” link contained in each email. Please allow up to 10 business days for us to process your request. Please note if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your order(s) (i.e., order confirmation, shipping information, etc.). If you have questions or concerns regarding this provision, please contact us at [email protected]
5. Notice Concerning Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.
HOW WE SHARE YOUR INFORMATION
NYC SKIN may share your information in the following ways:
Affiliates & Related Business Entities. We may share the information we collect with our affiliates or related business entities for the purposes of delivering products or services to you, ensuring a consistent level of service, and to enhance our products, services, and your customer experience.
Service Providers and Third-Party Vendors. We provide access to or share your information with select third parties who use the information to perform services on our behalf. They provide a variety of services to us, including billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services. These entities may also include health care organizations and other third parties we use to support our business or in connection with the administration and support of the Services.
Business Transfers. As NYC SKIN continues to grow, we may buy, merge, or partner with other companies. In such transactions, your information may be among the assets that are transferred.
Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our Websites or blogs, we may display your review (along with the name provided, if any) on other NYC SKIN websites and on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information we collect through the services and our sharing of such Aggregate/De-Identified Data is in our sole discretion.
THIRD PARTY LINKS AND CONTENT
The Website and email messages that you receive from NYC SKIN may sometimes contain hypertext links to the websites of third parties. NYC SKIN is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. NYC SKIN does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your personal information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this Site.
SUBMITTING INFORMATION FROM OUTSIDE THE UNITED STATES
DATA PRIVACY AND PROTECTION LAWS: THE CCPA AND GDPR
We do not, for instance, collect personal information from data subjects in the European Economic Area, United Kingdom, or Switzerland or elsewhere abroad. Similarly, we do not target or tailor our Website or Services or any of our other US-based business activities to appeal to, or specifically attempt to do business in those jurisdictions. In terms of California, although we may do business within the state, we do not meet any of the various statutory thresholds and criteria that would bring us under the CCPA.
For general visitors, consumers and regulators who have questions about whether or how the GDPR, CCPA or other industry- or jurisdiction-specific laws apply to us, you can contact us using the contact information below.
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements very seriously, and, consistent with them, do not intend for our Website or Services to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to us via our Website or Services, we will delete that information and not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
CHANGES TO THIS PRIVACY STATEMENT
Email: [email protected]
We reserve the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage. We encourage you to review these Terms and Conditions whenever you purchase Products from or otherwise use the Website. By using this Website, you agree to be bound by the Terms and Conditions that are posted on the Website at the time of your access or purchase.
General Terms and Conditions
The Products on this Website are intended for personal, non-commercial purposes only. Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, link, rent, frame, lease, loan, sell, license, or in any way exploit the content or Products of this Website. You agree to use this Website, its Products and content, only for lawful, non-commercial purposes and in compliance with the all international, federal, state and local laws.
NYC SKIN does not authorize or permit the resale of our Products by unauthorized resellers, retailers or distributors. Any account associated with a purchase order that we suspect is connected with the illegal distribution of our Products, or any other activity that was not pre-approved in writing by an authorized officer of NYC SKIN, may be subject to suspension or termination and restrained from further access to this Website. Any open orders associated with such an account will then be cancelled and credited back to the original purchaser. NYC SKIN reserves the right to pursue any unlawful reseller, retailer or distributor for violations under applicable law including, but not limited to, The Lanham Act.
NYC SKIN only ships Product orders to shipping addresses that are either a physical address or USPS Post Office Box. The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Website shall constitute fraud under the laws of the state of Connecticut and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud NYC SKIN; 4) that NYC SKINs reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that NYC SKIN1 was and is damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.
The availability and descriptions of the Products included on this Website may vary based on location and timing.
NYC SKIN welcomes comments and submissions from our Website and Product users. From time to time, you and other users of this Website may have an opportunity to post to this Website your ideas, information, data, text, photographs, graphics, videos, music, sound, messages, and comments, or events, facts, advice, tips, opinions and other material (collectively, the “User Content”).
You do not have to submit anything to this Website, but if you do choose to submit any User Content, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, then do not post it on this Website. We are not responsible for any user’s misuse or misappropriation of any User Content that you post on this Website.
By submitting, sending, posting, uploading or otherwise providing User Content to us, whether solicited or unsolicited, you grant us and our affiliates the royalty-free, fully paid, unrestricted, perpetual, worldwide, irrevocable, non-exclusive, fully transferrable, assignable and sub-licensable right and license to use, copy, modify, publish, adapt, translate, create derivative works from, distribute, commercialize, perform or display such User Content (in whole or in part), and to incorporate the User Content in other works in/of any form, media, or technology (now known or later developed) for any purpose including, without limitation, advertising and promotional purposes. Our reproduction, transmission, publication, broadcast and posting of your User Content may be made without any further consent by you or notice, credit and/or compensation to you or any third parties.
By submitting any User Content to us and/or our Website, you further represent and warrant that you own or otherwise control any and all rights in and to the User Content, and that our posting and use of that User Content will not infringe or violate the rights of any third party in any manner including, without limitation, any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
Your Representations and Warranties
You represent and warrant that: (i) you are above the legal age of majority in your jurisdiction of residence; (ii) you have not previously been either suspended or removed from this Website; (iii) you do not currently, nor will you at any given time in the future, have more than one (1) customer account for this Website; (iv) you will provide us with true, accurate, current and complete information if you register for an account and/or Order; and (v) you have capacity and authority to enter into these Terms and Conditions and, in doing so, will not violate any other agreement to which you are a party.If we believe or suspect that your account information is not true, accurate, current or complete, we may deny or terminate your access to this Website (or any portion thereof).
Intellectual Property and Trademark Rights
This Website and all of its contents including, but not limited to, articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), logos, trademarks, tradenames, titles, characters, names, software, graphics and button icons, excluding User Content (collectively, “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. All Proprietary Material on the Website is owned or controlled by NYC SKIN or by third parties that have provided rights thereto to NYC SKIN.
Except as otherwise provided in these Terms and Conditions or with our express prior written permission, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, publicly perform or display, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any technology or media now known or later developed.
Modification of the Proprietary Material on this Website or use of such Proprietary Material for any purpose is a violation of our copyright and other proprietary rights.
Claims Regarding Copyright Infringement
If you are a copyright owner, or an agent thereof, and you believe that any User Content or other content on this Website infringes upon your copyright, you may submit us a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which should be disabled, and details reasonably sufficient to help us locate the material on the Website;
3. Information reasonably sufficient to permit us to contact you (i.e., your name, address, telephone number, and, if available, your e-mail address);
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the above notification is accurate and that you are the owner, or are authorized to act on his or her behalf, of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature.Our designated Copyright Agent to receive notifications of claimed infringement is:You may submit your notification to us via email at: [email protected], with “DMCA Notice” in the subject line.
Only DMCA notices should go to the Copyright Agent listed above. You acknowledge that if you fail to comply with each of the requirements set forth above, your DMCA notice may not be valid.
After receiving a notification of infringement, we will investigate the claim and take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices that substantially complying with the DMCA, we will act expeditiously to remove or disable access to (i) any material claimed to be infringing or the subject of infringing activity, and (ii) any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the owner that we have removed or disabled access to such material.
If User Content provided by you was removed, or access to which was otherwise disabled, and you believe such User Content is not infringing or that you otherwise had authorization to post and use the content in your User Content, you may send a written counter-notice to the Copyright Agent listed above, containing the following information:
1. Identification of the User Content that was removed or access to which was disabled and the location at which the User Content appeared before it was removed or access to which was disabled;
2. A statement under penalty of perjury that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification;
3. Your name, address, telephone number, and e-mail address;
4. A statement that you consent to the jurisdiction of the federal district court in Hartford, Connecticut and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
5. Your physical or electronic signature.
If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we will replace the removed content or cease disabling access to it within ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the User Content provider, the removed content may be replaced, or access to it may be restored.
NYC SKIN offers a 60-Day Money Back Warranty on all Products purchased through our Website (NOTE: Items purchased through third party links, such as Amazon.com, are not eligible for the 60-Day Money Back Warranty). This warranty comes into effect on the day your product is purchased and expires (60) days after. You will be responsible for any shipping charges incurred in returning any Product. Please contact our Customer Service at [email protected] for further assistance with your return.
NYC SKIN (INCLUDING OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND EMPLOYEES (COLLECTIVELY, “RELATED PARTIES”)) PROVIDES THE WEBSITE, PRODUCTS, AND CONTENTS OF ITS WEBSITE ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NYC SKIN AND ITS RELATED PARTIES DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.NYC SKIN AND ITS RELATED PARTIES DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THIS WEBSITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.IN ADDITION, NYC SKIN AND ITS RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
LIMITATION OF LIABILITY
WE AND OUR RELATED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR ANY PRODUCT SOLD OR ADVERTISED ON THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR INJURY, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED PARTIES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND/OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, STATEMENT OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF A PROFESSIONAL, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, STATEMENT OR OTHER CONTENT ON THE WEBSITE.
IN THE EVENT OF ANY ISSUE YOU ENCOUNTER WITH THIS WEBSITE OR ANY CONTENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH PRODUCTS THAT YOU HAVE PURCHASED THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH THE POLICIES POSTED ON THIS WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS WEBSITE OR ANY CONTENTS OR PRODUCTS OBTAINED, PURCHASED, OR DOWNLOADED FROM THIS WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NYC SKIN FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
GOVERNING LAW; MISCELLANOUS
We control and operate this Website in the State of Connecticut, United States of America. We welcome visitors from all parts of the world; however, all visitors acknowledge that this Website, and all content and Products available on and through this Website, are governed by the laws of the United States of America and the laws of the State of Connecticut. We do not represent that the content or Products on this Website are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with any applicable local laws.
You expressly agree that exclusive jurisdiction for any claim or dispute relating in any way to this Website, its contents or the Products, resides in the courts of the County of Hartford, State of Connecticut. You further agree and expressly consent to the exercise of personal jurisdiction in federal and state courts of the County of Hartford, State of Connecticut, in connection with any such claim or dispute.
If either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of, relating to or in connection with the Website, its content or the Products, then the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including, without limitation, attorneys’ fees and costs and/or court costs) incurred in the proceeding.
A printed version of the Terms and Conditions and of any notice or communication given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms and Conditions at any time. Both parties acknowledge that these Terms and Conditions express both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in these Terms and Conditions. The parties agree that these Terms and Conditions shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. Captions and section headings used in these Terms and Conditions are for convenience only. All necessary provisions shall survive any termination of these Terms and Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. The failure of NYC SKIN to exercise in any respect any right provided for herein shall not be deemed a waiver of any of its rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms and Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and Conditions and allowed under applicable law.
All Products ship from the United States and customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees.
NYC SKIN Product Support
Email: [email protected]