Your use of www.lachemie.com aka 'Site' constitutes your agreement with compliance with the following terms and conditions (the "Agreement"):
BY ACCESSING OR USING THE SITE, 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 SITE. LACHEMIE.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Intellectual Property Rights: This Site and all materials contained on this Site, including but not limited to images, text, photographs, designs, icons and illustrations, except those already covered by existing copyright and intellectual property protections, are the property of LaChemie.com hereafter designated as ‘La Chemie', and/or its owner or affiliates. To reproduce, republish, alter, upload, post, transmit, distribute or publicly display material from this Site, you will need written permission from La Chemie and/or its owner. The trademarks and logos used and displayed on this Site are trademarks of La Chemie and/or its owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the trademark owner. Users may view and download material from this Site only for personal, noncommercial home use, and such permission is deemed adequate consideration for this contract. La Chemie and/or its owner will aggressively enforce its intellectual property rights to the fullest extent of the law. Any rights not expressly guaranteed herein are reserved by La Chemie and/or its owner.
2. Product/Advice Disclaimer: This web Site does not offer medical advice, or attempt to diagnose or treat any skin problem or skin condition. If you have a medical problem with your skin, please make an appointment to see a dermatologist in your area. All products should be used as directed on this website, and/or with information accompanying product shipment. Discontinue using any product that causes skin irritation (i.e. itching, redness etc). The information provided by this website or this company does not substitute for a face-to-face consultation with a dermatologist or with your physician, and should not be construed as individual medical advice.
3. Information/Recommendations Disclaimer: The intent of this Site is to present the author’s ideas and perceptions about botanical skincare products, their benefits and uses, and to sell skincare products presented on this Site. The author's sole purpose is to present consumer information and advice regarding botanical skin-care, and to sell skincare products on this Site. The information and recommendations presented reflect the author's opinions, perceptions, and knowledge about the subject and products mentioned. It is everyone's right to judge products by their own criteria and to disagree with the author. Because everyone's skin can react to an external stimulus at any time, any product could cause a negative reaction on skin. If you develop skin sensitivity to a product you purchased from La Chemie, or any skincare product, discontinue use. If you need medical advice about your skin, consult a dermatologist or physician. By using and/or purchasing and using products from this Site you indemnify, defend and hold harmless La Chemie and its owner against any and all claims, damages, costs or other expenses, including all reasonable attorneys' fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your purchase of and use of the products purchased on this Site. Your use of and purchasing and using products from this Site confirms your agreement that La Chemie is in no way responsible or liable for the safety of any products purchased on this Site including after it has been opened and, in doing so, been exposed to the risk of contamination by any substance.
4. Warranty Disclaimer: The content of this Site is provided "as is" and without warranties of any kind, either express or implied. The products sold through the Site are sold "as is" and without warranties of any kind, express or implied.
5. To the fullest extent permissible pursuant to applicable law, La Chemie and its owner disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. La Chemie and its owner do/does not warrant or represent that your access to and use of the Site will be uninterrupted or secure. Your sole remedy for dissatisfaction with the Site is to stop using the Site. You acknowledge by your use of the Site that your use of the Site is at your sole risk. La Chemie and/or its owner is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence, strict liability or other theory, in connection with the Site, the content thereof or the products sold and described thereon, even if advised of the possibility of such damages. In no event shall La Chemie and its owner’s liability to a user exceed the amount paid by the user for accessing the Site or for the purchase of products sold thereon.
6. Void Where Prohibited: Although the Site is accessible worldwide, not all products discussed or sold on the Site will be available to all persons or in all geographic locations or jurisdictions. La Chemie and/or its owner reserve(s) the right to limit, in its sole discretion, the availability to the Site and/or the provision and quantity of any product or service to any person, geographic area or jurisdiction it so desires. Any offer for any product made in connection with the Site is void where prohibited. Use of this Site is unauthorized in any jurisdiction (1) that does not give full effect to all provisions of this Agreement, (2) where all or any portion of this Site may violate any legal requirements.
7. Code of Conduct: You agree not to: restrict or inhibit any other user from using and enjoying the Site and services; transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; transmit materials in violation of another party's intellectual property rights; use the Site for any commercial or unlawful purposes; or modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
8. Indemnification: You agree to indemnify, defend and hold harmless La Chemie and/or its owner from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys' fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason.
9. Purchases: If you wish to make purchases of products described on the Site, you may be asked to supply certain information including but not limited to credit card or other payment information. You understand that any such information will be treated by La Chemie and/or its owner in the manner described in its Privacy Policy. You agree that all such information that you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The prices displayed on the Site are in U.S. dollars.
10. Your Letters, Questions and Comments: You acknowledge and agree that, by sending La Chemie and/or its owner your questions, whether in writing or by email, you grant to La Chemie and/or its owner at no cost a perpetual, irrevocable, nonexclusive, universal right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sublicense such material (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Further, by submitting content to La Chemie and/or its owner you represent and warrant that you have the authority to grant such rights to La Chemie and/or its owner and that the content you submit will not violate any right of any third party, including but not limited to copyright, trademark, and privacy rights.
11. Use of Passwords: Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the "Authorized Party"). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to La Chemie de Nancy LLC and/or its owner resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from La Chemie de Nancy LLC and/or its owner in writing, it being understood that La Chemie and/or its owner shall be under no obligation to approve any such request.
12. Modifications: La Chemie and/or its owner shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other related services or feature thereof. This Agreement may be modified by La Chemie and/or its owner at any time by La Chemie and/or its owner’s posting the modified terms on this Site, and your continued use of the Site thereafter shall be deemed acceptance of those terms and conditions.
13. Miscellaneous: You agree that this Agreement is entered into in the State of Oklahoma and shall be governed by and construed in accordance with the laws of the state of Oklahoma, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in Tulsa County in the State of Oklahoma, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. La Chemie and/or its owner failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. La Chemie may assign its rights and duties under this Agreement to any party at any time without notice to you. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Any rights not expressly granted herein are reserved.