The following are terms of a legal agreement (“Agreement”) between you and the team responsible for http://www.skinadog.com (“we” or “us”) regarding your purchase of products and/or services offered by us (the “Products” or “Services”) made available through the web site located at http://www.skinadog.com (the “Site”).
By clicking on the “I ACCEPT” button, you acknowledge that you have agreed to all of the terms of this Agreement and that you have agreed and intend to become a party to, and legally bound by, this Agreement. If you do not agree to all of the terms of this Agreement, click on the “I DECLINE” button. You will not be able to purchase any Products or Services if you click on the “I DECLINE” button.
If you have any questions regarding this Agreement, please contact webmaster [at] skinadog [dot] com.
1.0 Changes to this Agreement.
We may change these Terms of Sale from time to time. It is your responsibility to ensure that you are aware of and agree to the content of this Agreement when you click the “I ACCEPT” button. Again, if you do not agree to all of the terms of this Agreement, click on the “I DECLINE” button. This Agreement was last revised on 06/01/2009.
2.0 Age and Competence.
You represent that you are at least 18 years old and are otherwise legally competent to enter into a binding contract.
The Products and Services available for purchase through the Site, and their prices, may change from time to time. However, the price of any Product or Service available through the Site will be displayed prior to your agreeing to purchase it. Prices advertised on the Site are in U.S. dollars and do not include shipping and handling, which are added to your invoice price. You hereby authorize us to charge your credit or debit card to pay the charges associated with each Product or Service that you purchase. If the amount you pay for an item is, in our judgment, obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred. You must notify us of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit us from charging your account. Our inability to charge your credit or debit card through your failure to notify us of any changes to your card account or through having insufficient funds will be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by us. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assesses, other than taxes based on our net income.
5.0 No Refunds or Exchanges
We try to describe the Products and Services offered on the Site as accurately as possible. However, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. All sales made through the Site are final. No refunds or exchanges for Products or Services purchased through this Site will be made.
YOU AGREE THAT USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR TITLE. WE MAKE NO WARRANTY AS TO THE RESULTS OF OR YOUR SATISFACTION WITH ADVICE GIVEN IN PHONE CONSULTATIONS RENDERED AS A SERVICE UNDER THIS AGREEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
7.0 Limitation of Liability.
IN NO EVENT WILL WE OR OUR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS OR SERVICES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IN NO EVENT SHALL THE TOTAL AND AGGREGATE DIRECT LIABILITY OF ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED THE FEE YOU PAID FOR THE PRODUCT OR SERVICE FROM WHICH YOUR CLAIM ARISES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT. FURTHER, YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST US ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US COMPLETELY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY PRODUCTS OR SERVICES PURCHASED VIA THE SITE.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in this Agreement are solely used for convenience and have no legal significance. This Agreement may be assigned in whole or in part by us, but may not be assigned by you without our express, prior, written permission. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws provisions. In the event of any dispute arising in any way from this Agreement, then both you and we (the “Parties”) shall conduct a mediation-arbitration procedure as follows. First, the parties shall appoint a mediator having expertise in Internet law and agree on the timing and location of a mediation session. If both the Parties fail so to agree, then the Parties shall follow the Commercial Mediation Procedures of the American Arbitration Association. If the mediation fails to settle the matter, then the Parties shall follow the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association, using a single arbitrator having expertise in Internet law. Judgment upon the award entered by the arbitrator may be entered in any court having jurisdiction thereof.