COPYRIGHT AND TRADEMARK NOTICE
All of the content included on this website, including the text, website design, graphics, videos, logos, icons, images, designs, screens, and configurations, is the property of the Corporation or its licensors and is protected by U.S. and international copyright and trademark laws. All the Products sold on this website, including the text, graphics, logos, icons, designs, and configurations of the Products, is the property of the Corporation and is also protected by U.S. and international copyright and trademark laws. You do not acquire any ownership rights by printing, downloading, otherwise saving any information, or using this website. Likewise, you do not acquire any ownership rights to the Products purchased from the Corporation. Any use of the Products or the content on this website other than for the express intended use of products and services provided, including reproducing, modifying, selling or reselling without express written permission, distributing, transmitting, replicating or public exhibition, in whole or in part, is strictly prohibited. Perfect Glow SunlessTM is the common law trademark of Perfect Glow Sunless, Inc. Melissa Weinberg Tanning & Beauty® is registered United States trademark of Perfect Glow Sunless, Inc., registration number 4880176. The Diamond Sun logo is a registered United States trademark of Perfect Glow Sunless, Inc., registration number 4794911.
MONEY ORDERS, CASHIER’S CHECKS, COMPANY CHECKS, & PERSONAL CHECKS
MULTIPLE PRODUCT ORDERS
ORDER ACCEPTANCE POLICY
Effective Date: 04/2014
This policy will let you know:
- What Information We Collect;
- How We Use Information;
- How IP Addresses are Used;
- Who is Collecting Information;
- With Whom Your Information May Be Shared;
- Your Choices Regarding Collection, Use, and Distribution of Your Information;
- How to Access or Correct Your Information;
- Our Email Opt-Out Policy;
- Our Commitment to Data Security;
- Our Commitment to Children’s Privacy;
- Additional Information About Your Online Privacy;
- Public Forums, Blog Comments, and Social Media Privacy; and
- How to Contact Us
- What Information We Collect
This policy applies to all information collected or submitted on Perfect Glow Sunless, Inc.’s website, www.perfectglowsunless.com. On some pages, you can order products, make requests, register to receive newsletters and updates on our products and services, and participate in blog and social media activities. The types of personal information collected on these pages are: Name, Username, Password, Billing Address, Shipping Address, E-mail Address, Birthday (mm/dd only), content interests and preferences, user browsing and content viewing history, Credit Card/Debit Card/Billing Information (collected securely using an encrypted collection and storage process), Products Purchased, Date of Purchases, and other Order specific information and history.
On some pages, you can submit information about other people. For example, if you order one of our products as a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of additional personal information also collected includes: Name of Recipient and Recipient’s Shipping Address.
We do not collect any personally identifiable information about you unless you voluntarily submit such information to us, by, for example, filling out a survey or registration form.
Additionally, Perfect Glow Sunless, Inc. collects non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address, computer settings or most-recently visited URLs. The non-personally identifiable information we gather also includes analytical data about the activity and experience on our website, collected using third party data gathering tools, which includes but is not limited to data and analysis of, page views, demographic data, behavioral data, geographic location of website visitors, type of device used to access the site, operating system of the user, internet service provider of the user, and similar information. We may also ask you to provide certain non-personally identifiable information about yourself, such as your age, household income, buying preferences, etc, in the form of a survey or similar inquiry. Such demographic data will be collected only if you voluntary provide this information.
- How We Use Information
In general, we will only use the information you provide to us for the purpose for which such information was provided. We may also use this information to deliver to you information about our company and promotional materials from Perfect Glow Sunless, Inc., as well as for trend analysis, pattern detection, and site administration. Your information may also be used to contact you when necessary in order to fulfill your order or to otherwise improve your user experience. Users may opt-out of receiving future mailings from Perfect Glow Sunless, Inc. by following the instructions set forth in the opt-out section below.
Non-personal demographic and profile data is used to tailor your experience at our site, showing you content we think you might be interested in. This information will not be shared with advertisers.
We use the information you provide about yourself and/or someone else when placing an order only to complete that order, ship the product, and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our sample products, news updates, as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design our website and for internal customer data analysis. Non-identifying data is not currently being used for any other purpose and is not shared with Advertisers or other outside parties for marketing purposes of any kind.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. Perfect Glow Sunless, Inc.’s primary goal in collecting personal information is to provide you, the user, with a customized browsing experience. This includes personalization services, interactive communications, online shopping and many other types of services. By knowing a little about you, Perfect Glow Sunless, Inc. is able to deliver more relevant content, and hence better service, to you.
- How IP Addresses are Used
We use your IP Address to help diagnose problems with our server, and to administer our website. Your IP Address may also be used for identification of users for legal purposes and proceeding as may be required by law and to protect the rights of Perfect Glow Sunless, Inc.
- Who is Collecting Information
When you are using www.perfectglowsunless.com and are asked for personal information, you are sharing that information for the exclusive use by Perfect Glow Sunless, Inc. alone. However, Perfect Glow Sunless, Inc. uses a number of third party vendors, some of which are utilized through the use of plugins, to safely and securely gather the data, such that it can be used to fulfill user orders, improve user experience, and organize as well as analyze data for us so that we may use the findings to improve our performance. None of the third party entities are permitted to utilize this data for their own uses.
- With Whom Your Information May Be Shared
As a general rule, Perfect Glow Sunless, Inc. will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that your information may be disclosed.
Purchases: If you make a purchase from Perfect Glow Sunless, Inc., the information obtained during your purchase, and the information you give such as your credit card number and contact information, is provided to a third party payment processor, as well as third party shipping vendors. This is to enable transactions to take place and for the orders to be fulfilled.
Third Party Data: Perfect Glow Sunless, Inc. has various plugins that allow for Facebook commenting on blog posts, and social share buttons for sites including Facebook, Instagram, Google, and Twitter. Perfect Glow Sunless, Inc. gathers no data from these social media sites, but you should be aware that these third party sites will have their own data gathering and privacy policies and are encouraged to look them up and review them prior to using these features.
Other: Perfect Glow Sunless, Inc. may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating Perfect Glow Sunless, Inc.’s Terms and Conditions, or may be causing injury to or interference with (either intentionally or unintentionally) Perfect Glow Sunless, Inc.’s rights, including property and intellectual property rights, other Perfect Glow Sunless, Inc. users, or anyone else that could be harmed by such activities. Perfect Glow Sunless, Inc. may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.
- Your Choices Regarding Collection, Use, and Distribution of Your Information
Perfect Glow Sunless, Inc. may, from time to time, send you email regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from Perfect Glow Sunless, Inc., we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Perfect Glow Sunless, Inc. will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, please see the Opt Out provision below for instructions on how to unsubscribe from them.
On some types of Perfect Glow Sunless, Inc. promotions, and free product and service samplings, we will ask for your email address in order to update your contact information. When you participate in these types of promotions, you automatically receive promotion related email, and will need to unsubscribe to be removed from our mailing lists.
You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those Perfect Glow Sunless, Inc. services that require registration in order to participate.
- How to Access or Correct Your Information
You can access all your personally identifiable information that we collect online and maintain by logging into your customer account. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
- Our Email Opt Out Policy
You may opt-out of receiving communications from us, by clicking on the unsubscribe link located at the bottom of the emails you receive from us in order to safely unsubscribe.
- Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Furthermore, our third party vendors who assist in the collection of your data do so securely, using encryption methods of collection and storage, when personally identifiable data is obtained.
- Our Commitment to Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13 years of age, and no part of our website is structured to attract anyone under 13.
- Additional Information About Your Online Privacy
Our website may contain links to other websites. Perfect Glow Sunless, Inc. is not responsible for the privacy practices or the content of such websites.
Please keep in mind that whenever you voluntarily disclose personal information online, for example, comments on our blog, social media participation, or through email, that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Perfect Glow Sunless, Inc. is not responsible for the actions of these third parties.
Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you’re online.
- Public Forums, Blog Comments, and Social Media Privacy
This site has elements of public forums, including but not limited to, blog comments from visitors, and social media connections and comments by members and users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
- How to Contact Us
Should you have other questions or concerns about these privacy policies, please call us at 561-801-GLOW (4569) or send us an email email@example.com
PRIVACY ON OTHER WEB SITES
PRODUCTS, SHIPPING , DISCLAIMERS AND STATEMENT ON DHA
- Price and Payment Terms. Your total price for the Products will be stated on your invoice and order receipt. Terms of payment are within the Corporation’s sole discretion, and unless otherwise agreed to by the Corporation, payment must be received by the Corporation prior to Corporation’s acceptance of an order. Payment for the Products must be made by credit card, debit card, PayPal, or some other prearranged payment method. Currently, the Corporation does not accept money orders, cashier’s checks, personal checks, or company checks as a form of acceptable payment. Orders are not binding upon the Corporation until accepted by the Corporation, and the Corporation reserves the right to decline the acceptance of any order, including, without limitation, in the event the price of the Products is a mistake. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay.
- Shipping and Title. The Corporation will arrange shipping of the Products to your address. Title to the Products passes to you upon delivery to the carrier, and risk of loss passes to you upon delivery to your address. Orders will be processed and ship within 24 hours or less from when received provided the product ordered is in stock. Orders are not processed or shipped on Fridays during summer months, as well as all Saturdays or Sundays. Most orders ship USPS priority mail. However transit time is not guaranteed and Perfect Glow Sunless is not responsible for any delays on part of USPS so please order your products in advance. For faster/guaranteed order deliveries, select USPS priority mail as the primary shipping method and do not require signature. The costs of shipping and handling will be shown on your order receipt. All orders over $200 will receive free shipping, with the shipping method to be either USPS priority mail, UPS OR FedEx ground service, such shipping method to be determined by the Corporation in its sole discretion, and will likely take between 3-7 days for delivery. Corporation will inform you of estimated shipment dates, but will not be responsible for delays of any kind in delivery due to events beyond its control, including carrier issues, shortage of inventory, labor strikes, transportation failure, or acts of God. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. All International orders will be processed and shipped within 3 days of receipt of order and payment. Products are heat sensitive and you are responsible for providing a shipping address where the package can be received and checking your mailbox in case the package is left in there. Corporation is not responsible for any shipments that are left outside, stolen or/and exposed to the heat or delivered to a PO box
- Products. Corporation may revise, modify, and discontinue Products, or any content contained within at any time.
- Inspection of Products Upon Receipt. You must examine the Products when you receive them. If any item, or any part thereof, is damaged or missing, you must notify the Corporation Customer Service by calling561-801-GLOW (4569) or send us an email at Info@perfectglowsunless.comwithin 24 hours of receiving shipment so that we may investigate and issue a product exchange. Items damaged in transit require a picture of the damage to be sent to the Corporation. The Corporation will not consider any claim for damaged or missing items more than thirty (5) days from the date of delivery.
- Return & Exchange Policy. The Corporation offers no returns for its Spray tan solution, self tanning and body care products. All spray tan solution sales are final. So please double check your order before checking out. if you are unsure of a product please contact us for assistance before completing your order. No exchanges will be permitted without cause or due to order of the wrong product(s). However, the Corporation may, in its sole discretion, exchange Products or portions of a Product, in the event that there is physical damage to any of the Products upon arrival. Any exchanges will be made in accordance with Corporation’s exchange policies in effect on the date of the exchange. If the Product(s) you purchased from the Corporation are physically damaged upon arrival, you may return them to the Corporation up to seven (7) days from the date of the invoice for an exchange. To exchange Products, you must call Corporation Customer Service at 561-801-GLOW (4569) or send us an email at Info@perfectglowsunless.com to receive an Exchange Authorization Number. You must ship the Products to the Corporation in their original packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. Any returned Product shipped C.O.D., with or without a Return Authorization Number visible on the exterior of the carton, may be refused by the Corporation. The Corporation reserves the right to refuse exchange of any Product if it determines upon inspection that the returned Product is missing any parts thereof when returned back to the Corporation. Please view the return section for full policy http://shop.yourperfectglow.com/Returns-Exchanges-_df_10.html
Perfect Glow Sunless is an authorized distributor for Maximist. Any product warranties on machines and spray tan tents must be directed through them.
- Third Party Distributor Purchases. If you purchase from a third party distributor you must adhere to their return and exchange company policy. The Corporation will not participate in the return and exchange of products purchased through third party distributors.
- International Orders. International orders will be processed within 3 business days of order placed and payment received by the Corporation. The customer is solely responsible for the payment of any and all custom fees and international surcharges related to the order and for any returns and exchanges. The Corporation has no control over customs and border patrol, therefore should a shipment be rejected or delayed by customs or border patrol, the Corporation shall be held harmless and customer will be solely responsible for any reshipment fees.
- Multiple Product Orders. The Corporation will make every attempt to ship all products contained in the order in the same shipment. Products that are unavailable at the time of shipping will be shipped as they become available, unless the we inform you otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt and will not be responsible for subsequent shipping charges on the same order. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
- Out Of Stock Products. The Corporation will ship your product(s) as they become available if they are out of stock at the time of your purchase order. We will keep you informed of any product(s) that you have ordered should they be out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
- Taxes. The Corporation shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Florida. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
- FDA Statement on DHA. These statements are provided to you for information purposes only, and is issued by the U.S. Food and Drug Administration. For more information please visit: http://www.fda.gov/Cosmetics/ProductsIngredients/Products/ucm134064.htm
Sunless tanning delivers a faux glow by coating your skin with the chemical dihydroxyacetone (DHA). DHA interacts with the dead surface cells in the epidermis to darken skin color and simulate a tan, and the result usually lasts for several days. While the FDA allows DHA to be “externally applied” for skin coloring, there are restrictions on its use. DHA should not be inhaled, ingested, or exposed to areas covered by mucous membranes including the lips, nose, and areas in and around the eye (from the top of the cheek to above the eyebrow) because the risks, if any, are unknown. According to the CFR, “externally applied” cosmetics are those “applied only to external parts of the body and not to the lips or any body surface covered by mucous membrane.” 21 CFR 70.3(v). The industry has not provided safety data to FDA in order for the agency to consider approving it for use on these exposure routes, including “misting” from tanning booths.
Warning–This product does not contain a sunscreen and does not protect against sunburn. Repeated exposure of unprotected skin while tanning may increase the risk of skin aging, skin cancer, and other harmful effects to the skin even if you do not burn. 21 CFR 740.19.
What Does This Mean For The Sunless Process?
When using products containing DHA as a spray or mist, it may be a challenge to avoid exposure in a manner for which DHA was not originally approved, including contact with the area of the eyes, lips or mucous membrane, or even internally. Because of this, the FDA suggests consumers ask the following questions when considering commercial facilities where DHA is applied by spraying or misting:
Are consumers protected from exposure in the entire area of the eyes, in addition to the eyes themselves?
Are consumers protected from exposure on the lips and all parts of the body covered by mucous membrane?
Are consumers protected from internal exposure caused by inhaling or ingesting the product?
If the answer to any of these questions is “no,” the FDA says that the consumer is not protected from the use of sunless products. In this case, the FDA suggests that the consumers request measures to protect their eyes and mucous membranes and prevent inhalation.
What Does This Mean For The Technician Applying Sunless?
Spray tan airbrush technicians must take extra care in informing clients to avoid breathing the spray tan product during the application process. Consumers also should try to avoid direct application of the product into the eye area as described above, and use a lip balm or other barrier product on the lips and in the nostrils to avoid contact with the mucous membrane.
The FDA’s cautious opinion on DHA most likely stems from relying on limited information found in the product’s Material Safety Data Sheet (MSDS) originating in 1973. From its original use as a topical substance, DHA was listed with three “risk numbers”: R36, R37 and R38.
R36 Irritating to eyes.
R37 Irritating to respiratory system.
R38 Irritating to skin.
These risk numbers are based on pure forms of DHA with no other additives considered such as water and so on. To put this into perspective, the purist form of many cosmetic ingredients fall under the same risk numbers.
To best take advantage of the bronzing effects of sunless products in its newest form, prudent sunless airbrush/HVLP technicians should use care when offering sunless in a spray or mist application.
Have your clients avoid getting this and other tanning products directly into their eyes. Disposable eye protection may be a good option.
Protect their lips with lip balm or petroleum jelly.
A nose filter can be used to protect the mucous membrane and also to provide inhalation protection. You can also offer a disposable face mask for extra protection.
Disposable undergarments can be used to protect the more private mucous membranes.
Ensure proper ventilation for staff and clients in the sunless application area of your salon. An overspray booth or overspray fans with filters should be set up to remove overspray in the air. Spray equipment should not be set up near intakes for the salon’s ventilation system.
Although sunless solution contains no known toxins, the repeated inhalation may cause irritation, as it would be with any substance. Common sense would dictate prudent technicians wear a filtering mask while spraying clients.
I acknowledge that I am an adult, at least 18 years of age, and I have the legal right to consent to this agreement. I understand that the products sold on this website contain chemicals possibly harmful to health and there have not been any studies regarding the long term use of dha. I have read the FDA disclaimer(s) contained in this agreement, and am choosing voluntarily to purchase and use products from this website and/or from Perfect Glow Sunless, Inc. generally, with full knowledge of the potential health risks. I further agree not to use the products purchased from this website, and/or from Perfect Glow Sunless, Inc. generally, on any person(s) under 18 years of age without parental consent, or permit any person(s) under 18 years of age to purchase or have access to any of the products purchased from this website and/or from Perfect Glow Sunless, Inc
- PROHIBITED ACTIVITIES: This website provides you an opportunity to provide feedback and share your ideas. The Corporation reserves the right to remove any posts or content added by you to its websites, as well as any and all social media forums in which it participates, if it determines, in its sole discretion, that such posts or content is inappropriate in any way.
- You may not place any content on this website that, in website’s sole determination, is:
- Fraudulent, false, or misleading
- Illegal, abusive, or threatening
- Infringing of the copyrights and trademarks of others
- Sexually explicit
- Obscene or pornographic
- Defamatory or libelous
- Is or may be harmful to minors
- Offensive, derogatory, or disparaging
- Otherwise inappropriate, as determined by the Corporation
- You may not use this website or any related social media forum for any commercial or political advertisements, solicitations or promotions.
- You may not upload any destructive programs such as viruses and/or self-replicating code or take any other actions to harm this website or any related social media forum.
- You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this website or any related social media forum.
- You may not solicit passwords or other personal information from any other uses of this website or any related social media forum.
- LINKS: As a convenience, this website may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, website is not endorsing any of the other sites and website has no responsibility for the third party sites. You access linked sites at your own risk.
- EXPORT RESTRICTIONS: United States export laws and regulations restrict the exportation and/or re-exportation, through downloading or otherwise, into certain embargoed countries, including Cuba, Iraq, Libya, North Korea, Iran, and Syria. By using this website and/or purchasing Products, you are representing that you are not located in any of the prohibited countries and/or will not be shipping or transporting Products to any of the prohibited countries.
VII. DISCLAIMERS: THIS WEBSITE IS PROVIDED BY THE CORPORATION ON AN “AS IS” BASIS AND THE USE OF THIS WEBSITE, AS WELL AS THE PURCHASE OF PRODUCTS FROM THIS WEBSITE, IS ENTIRELY AT YOUR OWN RISK. THE CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR SOLD ON THIS WEBSITE, OR THE CONTENT OF ANY PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT, AND INFORMATIONAL CONTENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEBSITE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. This Section shall survive any termination of this Agreement. Corporation reserves the right to modify its warranty at any time, in its sole discretion. Some states limit or disallow certain disclaimers of warranties, so certain portions or all of the above disclaimers may not apply to you.
VII. LIMITATION OF LIABILITY: NEITHER THE CORPORATION NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, AS WELL AS ANY LOST PROFITS, LOSS OF BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF WEBSITE OR THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE, THE PURCHASE OR USE OF ANY PRODUCTS AND/OR SERVICES ON THIS WEBSITE, OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE. YOU AGREE THAT, IN NO EVENT SHALL WEBSITE OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE PURCHASE AND USE OF THE PRODUCTS AND/OR SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM CORPORATION NEGLIGENCE. IN ANY EVENT, CORPORATION’S LIABILITY TO YOU IS LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. This Section shall survive any termination of this Agreement. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
VIII. INDEMNIFICATION: You agree to indemnify the Corporation and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this website and any violation of any law, rule, or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this website or any related social media forum; and (c) any violation of this Agreement.
- APPLICABLE LAW AND JURISDICTION: This Agreement shall be construed and governed by the laws of the State of Florida, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Palm Beach County, Florida shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
- FORCE MAJEURE: The Corporation will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of the Corporation.
- ENTIRE AGREEMENT; NON-SEVERABILITY: This Agreement constitutes the entire agreement between you and the Corporation and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public Agreement, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.
RETURNS & EXCHANGES