Terms & Conditions
Welcome to the Real Solutions Skin Care website located at https://RealSolutionsSkinCare.com (“the Website”). You agree to each of the following terms, conditions and notices which govern your use of the Website and your purchase of products on the Website when you (i) Access, use, or view the Website. (ii) Access, use, or view any of its services, functions, contents or surveys. (iii) Access links to Real Solutions Skin Care social media pages/accounts on third party social media websites, such as Facebook®, Google+®, Pinterest®, Instagram®, Twitter® and YouTube® (collectively, “Social Media Pages”). (iv) Utilize the Website’s many interactive features designed to facilitate interaction between you, Real Solutions Skin Care and other Website users including, but not limited to, blogs, comment sections, Product reviews and question and answer options located in designated areas of the website (collectively, the “Interactive Forums” and together with the Website, Content, Accounts, Gift Cards, Newsletter, Products and Social Media Pages, the “Real Solutions Skin Care Offerings”).
The term ‘Real Solutions Skin Care’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google. Google+® is a registered trademark of Google, Inc. (“Google”). Instagram® is a registered trademark of Instagram Corporation (“Instagram”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Please be advised that Real Solutions Skin Care is not in any way affiliated with Facebook, Twitter, Google, Instagram, or Pinterest, and the Real Solutions Skin Care Offerings are not endorsed, administered or sponsored by any of those parties.
It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The entire contents of the Website, including but not limited to any associated text, software, photos, video, graphics, audio and other materials, and the selection and arrangement of all of the foregoing, are protected by United States and international copyright laws. Additionally, all trademarks, logos, trade dress and service marks on the Website, including without limitation REAL SOLUTIONS SKIN CARE and the Real Solutions Skin Care logo, are either trademarks or registered trademarks of Real Solutions Skin Care and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
We own or license the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, trade dress and products on the Website (“Content”). Except for accessing the Website in accordance with these Terms and Conditions for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without our express written permission or, in the case of content licensed by us from third parties, the entity that is credited as the copyright holder of such licensed content. Except as set forth above, nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without our written permission. Any and all rights not expressly granted herein are reserved by us. The Website and the information contained and referenced herein are for informational purposes only. Request for permission to reproduce any information contained on the Website should be addressed to us at the address listed on our Contact Us web page.
USE OF THE WEBSITE
The Website is to be used by you for your personal use only. Commercial uses of this Website are strictly prohibited unless prior written consent from us has been granted. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Website. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any contents or information contained therein, unless you obtain prior express written consent from us. You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the Website or any Content to any country or otherwise use the Website or any Content in violation of any applicable export or other laws and regulations of the U.S. or any other country. You agree not to use the Website or the Content to: (i) restrict or inhibit others from using and enjoying the Website; (ii) gain unauthorized access to other accounts on the Website, or other computer systems or networks; (iii) store, collect or disclose any information except as strictly necessary to use the Website; (iv) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact; (v) frame or utilize framing techniques to enclose RealSolutionsSkinCare.com or any portion thereof; (vi) collect account information for the benefit of yourself or another party; and (vii) use any meta tags or any other “hidden text” utilizing our name or the trademarks or to otherwise use the trademarks. You agree not to use the Website or the Content to transmit or upload: (i) unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation; (iii) any material that violates or infringes the rights of third parties; (iv) any virus, worms, time bombs or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and (v) any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortious, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent. Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Website. You, and not Real Solutions Skin Care, shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to the Website.
LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SITE, ITS CONTENT, AND THE INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE SITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM REAL SOLUTIONS SKIN CARE OR THE WEBSITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE SITE, ITS CONTENT, OR REAL SOLUTIONS SKIN CARE’ PRODUCTS WILL BE ERROR-FREE OR VIRUS FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU. DISPUTE RESOLUTION PROVISIONS
In any action or proceeding to enforce rights under the Agreement, Real Solutions Skin Care will be entitled to recover costs and attorneys’ fees if it substantially prevails. The Agreement shall be treated as though it were executed and performed in the County of Orange, in the State of California, and shall be governed by and construed in accordance with the laws of the County of Orange, in the State of California (without regard to conflict of law principles). Where there is a dispute between Real Solutions Skin Care and you arising out of or related to the Real Solutions Skin Care Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto (including the manner in which Real Solutions Skin Care contacts you): the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Real Solutions Skin Care and its officers, directors, employees, parents, partners, successors, agents and affiliates. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Real Solutions Skin Care incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
CHOICE OF LAW, JURISDICTION, VENUE
These Terms and Conditions shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction and venue of the state and/or federal courts located in Orange County, California, and any action or proceeding, in law or in equity, arising out of the Terms and Conditions must be brought in the state or federal courts of Orange County, California.
The Content of this Website, including but not limited to text, graphics, images, information obtained from third parties, software, and other material contained on the Website are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
Last updated on April 3, 2016.