D’Arcy Laboratories Terms and Conditions of Use :: Last Revision August 22, 2007
Welcome to www.darcyskincare.com (“D’Arcy”). It is very important that you read and understand all of the following terms and conditions before making a purchase. Your use of the www.darcyskincare.com website, which provides you with access to a variety of resources, including product information and communication forums (collectively the "Service") is subject to the Terms and Conditions of this Agreement. D'Arcy reserves the right to amend at any time any policies governing this Web site, including these Terms and Conditions and D’ARCY 's Privacy Statement, by posting the amended terms on our Web site. You will be able to tell that a revision has been made to these Terms and Conditions by the date of the last revision indicated at the top of the document. The amended terms shall be effective immediately after they are initially posted on this Web site. Your use of our Web site following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not accept the amended terms, you must cease using this Web site. D’ARCY does not permit or advise any minor to make a purchase on our Site. All purchases of our products should be performed by any individual 18 years of age or older.
D’ARCY believes strongly in protecting user privacy. Please refer to our Privacy Statement for information on how D’ARCY uses and collects information and protects your privacy.
Unless otherwise indicated, all Web site materials, including, without limitation all designs, text, graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of D’ARCY. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Web site—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance—without the prior written permission of D’ARCY is strictly prohibited.
D’ARCY and any product or service names, slogans, page headers, custom graphics, button icons, and scripts contained in the Service are either trademarks or registered trademarks of D’ARCY or its licensors. Such trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of D’ARCY. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners and may not be used without prior written permission.
Repeat Infringer Policy
D’ARCY respects the intellectual property of others, and we ask our users to do the same. D’ARCY may, in appropriate circumstances and at its own discretion, limit access to this Web site and/or terminate the accounts of any users who infringe the intellectual property rights of others.
Claims of Copyright Infringement; Designated Agent
If you believe that any material on this Web site infringes upon any copyright which you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Written notification must be submitted to firstname.lastname@example.org.
To be effective, the notice must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 is to be disabled, and information reasonably sufficient to permit the service provider ("Service Provider") to locate the material;
4. Information reasonably sufficient to permit the Service Provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
D’ARCY grants you a limited license to make personal use only of the Web site and its Services. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of the Web site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Web site and its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; or (e) downloading (other than the page caching) of any portion of any of the Web site or any information contained on the Site, except as expressly permitted on the Web site. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in under any patent, trademark, or proprietary right of D’ARCY or any third party.
You agree to (1) provide certain current, complete and accurate information about yourself as prompted to do so by the Service; and (2) maintain and update this information as required to keep it current and complete. D’ARCY shall have the right to use your information in accordance with the terms of the D’ARCY Privacy Statement. Providing inaccurate or false data may result in the termination of your User Account and your right to use the Service. You acknowledge that you are solely responsible for your use of the Service including but not limited to all information, data, text, messages, instructions, or other materials of any kind ("Content") that you post, upload, through the Service. You agree not to post, upload, email, transmit, distribute or otherwise publish on or through the Service any of the following:
Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, abusive, threatening, harmful, negligent, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, misleading or that impersonates any person or entity or otherwise misrepresents your status or affiliation with a person or entity;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers, without the express permission of such party and in full compliance with all applicable laws and D’ARCY policies applicable to such information;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail, chain letters and spam; and
Content that, in the sole judgment of D’ARCY, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which exposes D’ARCY or its employees, site partners, contributors, or other Users to any harm or liability of any type. Prohibited use of this Service may result in, among other things, the termination of your User Account and your rights to use the Service.
All of the products purchased on the Service should be used in accordance with the manufacturer's instructions, precautions and guidelines.
User Account, Username, Password and Security
You agree that D’ARCY is not responsible for maintaining the confidentiality of your Username, Password and Account (with the exception of those assurances provided in the D’ARCY Privacy Statement) and that you are responsible for all activities that occur with respect to your User Account including maintaining the confidentiality of your Username, Password and Account information. You agree to defend, indemnify and hold harmless D’ARCY from any liability or expense arising from your misuse of the User Account. You agree to immediately notify D’ARCY of any unauthorized use of the User Account or any other breach of security known to you.
Monitoring of Service by D’ARCY
D’ARCY reserves the right, in its sole discretion, to monitor and review any activity, messages, uploaded files, chats, forums or other Content associated with the Service and reserves the right to authorize restrictions on access thereto. You acknowledge that D’ARCY has no obligation to screen or monitor any of the messages, postings or other Content posted on or using the Service, that D’ARCY does not exercise editorial control over any such Content and that D’ARCY shall have no responsibility or liability of any kind in connection with such Content or for any mistakes, omissions, defamation, slander, libel, falsehoods, obscenity, pornography or profanity you may make or encounter while using the Service. D’ARCY may, but is not obligated to, do any of the following:
Remove, screen, edit, filter or refuse to post any Content that it determines, in its sole discretion, may be harmful or offensive to others, may violate the rights of others or that are otherwise inappropriate or objectionable for any reason;
Investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate;
Access, preserve and disclose any information it considers necessary or appropriate in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect D’ARCY 's systems and customers, or to ensure the integrity and operation of D’ARCY ‘s business and systems, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
Terminate, restrict or suspend your access to the Service or to any Interactive Areas for any reason.
Third Party Sites and Content
D’ARCY may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. D’ARCY does not monitor, approve, or have any control over any Third Party Content or third party Web sites. D’ARCY does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. D’ARCY does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. You agree that your use of these links and Third Party Content contained therein is at your own risk.
D’ARCY reserves the right to change any and all content including product prices contained on the Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by D’ARCY.
Disclaimer of Warranties
THE WEB SITE AND THE MATERIALS IN THE WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. D’ARCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. D’ARCY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. D’ARCY DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL D’ARCY, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM D’ARCY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO D’ARCY 'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF D’ARCY (WHETHER IN CONTRACT, WARRANTY TORT—INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO D’ARCY FOR USE OF THE SERVICE.
You agree to defend, indemnify and hold harmless D’ARCY, and its directors, employees, agents, independent contractors, service providers and consultants from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Web site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against D’ARCY and/or its independent contractors, service providers, or consultants, arising out of or relating to your use of the Web site, any information or materials you submit, your violation of these Terms and Conditions, or your violation of the rights of any third party.
General Questions and Comments
General questions or comments about the Web site and the D’ARCY Service may be directed to D’ARCY 's Customer Service by-e-mail at email@example.com
These Web site Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Web site Terms and Conditions or your use of the Web site shall be filed only in the state and federal courts located in Broward County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Web site Terms and Conditions or your use of the Site.