Terms of Use

Thank you for visiting MyJanMarini.com. MyJanMarini.com is owned by Jan Marini Skin Research, Inc.

Jan Marini Skin Research, Inc.'s Terms of Use are presented below. If you visit or shop at www.MyJanMarini.com, you accept these Terms of Use. Any purchases made using this website are also subject to our polices appearing on the "Customer Service," "Shipping" and "Site Policies" pages, including without limitation our policies regarding shipping and returns. Please review our "Customer Service," "Shipping" and "Site Policies" pages before making any purchases using this website.

User's Acknowledgment and Acceptance of Terms of Use

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These Terms of Use apply to the purchase and sale of products and services through MyJanMarini.com (referred to as the "site"), as well as the online use of the site. By using this site, completing the registration process and/or placing an order for products or services, you agree to be bound by and accept these Terms of Use. If you do not agree to these Terms of Use, you should exit the site now and not purchase products or services from this site.

We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

License to Use Site

Jan Marini Skin Research, Inc. grants you a personal, limited, non-exclusive and revocable license to access and make personal use of this site. However, you acknowledge that all the features on this site, including without limitation the design, graphics, text, sounds, pictures, software, scripts and other files are the property of Jan Marini Skin Research, Inc. and/or its licensors, and are protected by United States and international copyright, trademark and other intellectual property laws. All ownership rights are reserved to Jan Marini Skin Research, Inc. and/or its licensors. You may access these materials only for your personal, non-commercial use. You may not download from (other than page caching) or modify the site, except with express written consent of Jan Marini Skin Research, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Jan Marini Skin Research, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jan Marini Skin Research, Inc. and our affiliates without express written consent. You may not use any meta tags, meta names or any other "hidden text" utilizing Jan Marini Skin Research, Inc.'s name or trademarks without the express written consent of Jan Marini Skin Research, Inc. Jan Marini Skin Research, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Jan Marini Skin Research, Inc. only with involvement of a parent or guardian. Any unauthorized use terminates the permission or license granted by Jan Marini Skin Research, Inc.

Registration Data and Privacy

In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is set forth in our Site Policies and specifically incorporated by reference into these Terms of Use.

Order Acceptance and Cancellation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

This site is intended for retail sales to end user customers. We do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site.

We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

We accept Visa, Mastercard and American Express credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described on this site.

Changes in Products and Pricing

We periodically update and revise our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, that information may not be current and we will not be liable for any lack of availability of products or services that you may order through our site.

All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, errors in advertisements and other extenuating circumstances. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

Conduct on Site

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your registration without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Account Information, Security and Password

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

E-Mails

When you visit Jan Marini Skin Research, Inc. or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright Protection

All content included on this site, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of Jan Marini Skin Research, Inc. or its content suppliers and protected by United States and International copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on this site is the exclusive property of Jan Marini Skin Research, Inc. and is also protected by United States and International copyright laws. The content on this website may be used by you as a shopping and/or information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited. Jan Marini Skin Research, Inc. maintains a copyright piracy surveillance program and vigorously prosecutes copyright infringement.

Trademark Protection

JAN MARINI SKIN RESEARCH, INC, MYJANMARINI.COM, and other marks indicated on our site are trademarks of Jan Marini Skin Research, Inc. in the United States and other countries. All graphics, logos, page headers, button icons, scripts, service names and brand names appearing on this site are trademarks and/or trade dress of Jan Marini Skin Research, Inc. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Jan Marini Skin Research, Inc. or its Affiliates. All other trademarks not owned by Jan Marini Skin Research, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Jan Marini Skin Research, Inc.

Product Descriptions

Jan Marini Skin Research, Inc. attempts to be as accurate as possible in its product descriptions; however, Jan Marini Skin Research, Inc. does not warrant that product descriptions or other content of this site is accurate, reliable, complete, error-free or current. If a product offered by Jan Marini Skin Research, Inc. itself is not as described, your sole remedy is to return it in its unused condition.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY JAN MARINI SKIN RESEARCH, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. JAN MARINI SKIN RESEARCH, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JAN MARINI SKIN RESEARCH, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JAN MARINI SKIN RESEARCH, INC. EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, PRODUCT MISUSE, PRODUCT ALTERATION, IMPROPER PRODUCT SELECTION AND/OR FAILURE TO COMPLY WITH ANY PRINTED DIRECTIONS.

JAN MARINI SKIN RESEARCH, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM JAN MARINI SKIN RESEARCH, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INFORMATION YOU TRANSMIT WILL BE SECURE. JAN MARINI SKIN RESEARCH, INC. DOES NOT WARRANT THAT THE INFORMATION DISPLAYED ON THIS SITE IS ACCURATE OR RELIABLE OR THAT THE PRODUCTS OFFERED WILL MEET YOUR EXPECTATIONS OR NEEDS. JAN MARINI SKIN RESEARCH, INC. WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND FOR ANY UNAUTHORIZED DISCLOSURE OF YOUR TRANSMISSIONS OR PERSONAL INFORMATION. JAN MARINI SKIN RESEARCH, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

THE FOREGOING NOTWITHSTANDING, THE SOLE AND COMPLETE LIABILITY OF JAN MARINI SKIN RESEARCH, INC. , AND YOUR SOLE AND COMPLETE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED FROM MYJANMARINI.COM.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, ENTITLING YOU TO ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend and hold harmless Jan Marini Skin Research, Inc. against all claims, demands, causes of action, losses, expenses, damages, costs and reasonable attorneys fees arising from or relating to your use of this site, any activity on your account by you or any other person, any material that you transmit through this site, your breach of the Terms of Use, Site Policies or Customer Service provisions, your violation of the rights of another, or termination of your access to this site.

Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Governing Law and Statute of Limitations

This site is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.

We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Disputes and Statute of Limitations

Any dispute relating in any way to your visit to Jan Marini Skin Research, Inc. or to products you purchase through Jan Marini Skin Research, Inc. shall be submitted to confidential arbitration in San Jose, California, except that, to the extent you have in any manner violated or threatened to violate Jan Marini Skin Research, Inc.'s intellectual property rights, Jan Marini Skin Research, Inc. may seek injunctive or other appropriate relief in any State or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Any demand for arbitration brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Modification and Severability of Terms of Use

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Organization Identity

MyJanMarini.com

156 Martinvale Lane

San Jose, CA 95119

1-888-695-2611

http://www.MyJanMarini.com

customerservice@MyJanMarini.com