PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE 'TERMS AND CONDITIONS' SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE 'TERMS AND CONDITIONS', YOU MAY NOT ACCESS OR USE THE WEBSITE.
- ▼+ 01. Product Information:
- Since We are not the actual manufacturer of the Products sold, We cannot guarantee the accuracy of the product descriptions, product images, availability, ingredients or other information or content on the Website.
- ◄+ 02. Colors:
- We try to accurately display the colors of the products you see on the Website. However, due to possible technical influences beyond our control (monitor quality, video card quality, etc); We cannot guarantee that the colors you see on your monitor will be accurate.
- ▼+ 03. Product Personal and Non-Commercial Use:
- Unless otherwise specified, the Products provided on the Website is for your personal and non-commercial use. You may not modify, copy, reproduce, or sell any content from this Website.
- ▼+ 04. International Use:
- As this site may be accessed globally, if you choose to access this site from locations other than the USA and Canada, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported goods from Canada to your country in which you reside. Notwithstanding the foregoing, KutiSkin makes no representation that materials on this site are appropriate or available for use in locations outside of the USA or Canada, as applicable, and accessing them from territories where their contents are illegal is prohibited.
- ▼+ 05. Website Content - Skin Care:
- The Content presented on this Website is intended for educational or informational purposes only. Such information is not meant to serve as a substitute for professional medical advice.
Please consult with your Dermatologist or a medical physician regarding the use of any goods, products or information available on or received from our Staff or this Website. Your Dermatologist or medical physician should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. KutiSkin does not give or intend to give any answers to medical-related questions and this Website plus our Staff comments does not replace any medical professional or medical resource. KutiSkin does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website.
IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
In addition, the statements made about products have not been evaluated by the Canadian Food and Drug Agency (FDA) or the US Food and Drug Administration (FDA) and the results reported, if any, may not necessarily occur in all individuals.
Please see the General Product Disclaimer page for additional details
- ▼+ 06. Website Content - License:
- Unless otherwise specified, KutiSkin and/or its licencors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined in Section 7 below), patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any Content on the Website.
Subject to these Terms and Conditions, KutiSkin grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained thereon only for your personal, non-commercial use.
- ▼+ 07. Trademarks:
- The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of KutiSkin and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by Us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.
- ▼+ 08. Prohibited User Conduct:
- Unless expressly permitted in these Terms and Conditions or with KutiSkin’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website. KutiSkin will aggressively enforce its intellectual property rights to the fullest extent of the law.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, password mining, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of KutiSkin’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
- ▼+ 09. User Information:
- ▼+ 10. Customer / Member Account, Password and Security:
- If you choose to register through the ‘Customer / Member Account’ registration process, you will set your own password upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. KutiSkin will not be liable for any loss, damage or sales/comments that you may not be aware of arising from your failure to maintain control over access to your account.
- ▼+ 11. User Comments, Feedback, and Other Submissions:
- ▼+ 12. Links to and from the Website:
- If you link from any other website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the Content is hosted by Us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website.
You may be able to link from the Website to third-party websites and third-party websites may link to the Website (“Linked Sites”). You acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of KutiSkin. Links to Linked Sites do not constitute an endorsement or sponsorship by KutiSkin of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. KutiSkin is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Website.
- ▼+ 13. Indemnification:
- ▼+ 14. Third Party Sites:
- ▼+ 15. DISCLAIMER OF WARRANTIES:
- THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. KUTISKIN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
- ▼+ 16. Liability:
- Every effort is made to ensure the information provided on this Website is accurate and free of errors. Changes are made to the site on an ongoing basis to improve the site. That said, this Website is NOT intended as a source of personal, medical, legal or financial information. Users should consult the appropriate professional, such as a Dermatologist or a medical physician for specific information.
By using this Website, you agree that KutiSkin Corp and its suppliers cannot be held liable for any direct, indirect, punitive, incidental, special damages or any damages whatsoever arising from the use of the Website and the Products we sell. You assume total responsibility and risk for your use of the Website and the Products we sell. KutiSkin Corp provides the Website and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the Website, and KutiSkin Corp shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website.
- ▼+ 17. LIMITATION OF LIABILITY:
- IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL KUTISKIN, ANY OF ITS AFFILIATED COMPANIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, THE PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR ANY PRODUCT ORDERED VIA THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO KUTISKIN FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.
IN NO EVENT WILL KUTISKIN CORP BE LIABLE FOR any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some provinces/states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such provinces/states, KutiSkin Corp's liability is limited to the greatest extent permitted by law.
- ▼+ 18. Applicable Laws:
- This Agreement is governed by the laws of the Province of Ontario (Canada). Anyone using or accessing our Website consents that all matters relating to the Website shall be governed by the laws of the Province of Ontario and the applicable laws of Canada (except that the Federal Arbitration Act governs all provisions relating to arbitration). Those who access our Website or accept our services do so under their own free will and are responsible for complying with all applicable laws including any applicable local laws.
You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in KutiSkin's local city and You agree to submit to the personal and exclusive jurisdiction of the courts located in KutiSkin's local city.
- ▼+ 19. Arbitration Overview:
- ▼+ 20. Mandatory Arbitration:
The arbitration will be administered by a Ontario court., (or if it fails or declines to serve, another similar service or organization agreed to by KutiSkin and you, or appointed by the court if the parties cannot agree), in accordance with its rules of practice and procedure. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. The parties will be entitled to invoke the rules of discovery applicable to Ontario court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Arbitration will take place in KutiSkin's local city, and will be held in English. Each of us will pay our own attorneys’ fees and expenses and one-half of the arbitrator’s fees and expenses.
This Mandatory Arbitration section does not apply to disputes about the enforcement or validity of KutiSkin’s or your intellectual property rights, or the intellectual property rights of our respective licencors.
You may reject any change we make to this Mandatory Arbitration section by sending us notice within 30-days of the change by mail to KutiSkin's address in the Applicable Law section. If you do, the most recent version of this Mandatory Arbitration section before the change you rejected will apply.
- ▼+ 21. Class Actions Waiver:
- KUTISKIN AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither of us will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney-general action, or any other proceeding in which either of us acts or proposes to act as a representative for others. Kutiskin and you also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of KutiSkin you, and every other party to that arbitration or proceeding.
- ▼+ 22. TIME LIMIT TO BRING CLAIMS:
- TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND KUTISKIN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- ▼+ 23. Termination:
- We may change, suspend or discontinue this Website at any time. KutiSkin may restrict, suspend or terminate your access to the Website and/or its services if We believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights.
- ▼+ 24. Violations:
- Please report any violations by using our Contact Form to email the Administration Department.
- ▼+ 25. Miscellaneous:
- Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether KutiSkin signs them or not. We reserve the right to make changes to this site and these Conditions at any time.
Any rights not expressly granted herein are reserved.
LAST UPDATED: March 21, 2017
We may change these 'Terms and Conditions' at any time, without notice to you. Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes. Capitalized words used in these Terms and Conditions, other than those capitalized only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear in bold text inside quotation marks.