TERMS OF USE FOR TENZING SKINCARE WEBSITE TENZINGSKINCARE.COM IS OWNED AND OPERATED BY TENZING SKINCARE LLC.  BY ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THESE WEBSITES. TENZING SKINCARE MAY MAKE CHANGES TO THE WEBSITE, THESE TERMS OF USE, OR THE POLICIES AND CONDITIONS THAT GOVERN THE USE OF THE WEBSITES AT ANY TIME.

TENZING SKINCARE reserves the right to modify or discontinue, temporarily or permanently, any or all of the Website and/or any or all features, products, prices of products, services or information appearing on or available through the Website with or without notice to you. You agree that TENZING SKINCARE shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself. This website has been established primarily for the benefit and use of TENZING SKINCARE customers and potential customers. Not all products or services referred to may be available, and TENZING SKINCARE may change the products or services and their characteristics or ingredients described by the Website at any time. This website may include inaccuracies, and the price and availability information, and any other information is subject to change without notice or limitations.The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other healthcare professional.

 

No product displayed on the Websites is intended to treat or prevent any disease, or otherwise affect the structure or functions of the human body, or intended to be defined as a drug, but some products may be intended to be applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance without affecting the body’s structure or functions.

 

Information and statements regarding dietary or any other products displayed, or referred to on the Websites have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

 

You agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to TENZING SKINCARE. You may send to TENZING SKINCARE comments, information, images, questions, reviews, suggestions or ideas (“Submissions”) relating to the Website, the products or any other subject. If you do, you agree that such Submissions is not given in confidence and that it becomes and will remain the property of TENZING SKINCARE and that TENZING SKINCARE is not required to make any payment to anyone for these Submissions, furthermore, you grant TENZING SKINCARE a royalty-free, irrevocable, transferable right and license to use these Submissions however TENZING SKINCARE desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Submissions into any form, medium or technology. TENZING SKINCARE is not obligated to keep such Submissions secret and is not obligated to respond, being free to use the Submissions in any manner it desires, including but not limited to developing, manufacturing, and marketing products based on such Submissions. TENZING SKINCARE may also reproduce, disclose and distribute these Submissions without limitation.

 

You agree that any Submissions submitted by you to the Website will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Submissions submitted by you to the Websites will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

 

TENZING SKINCARE reserves the right (but not the obligation) to review Submissions and edit or remove any Comments submitted to the Site. You grant TENZING SKINCARE the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions you submit. You are and shall remain solely responsible for the content of any Submissions you make and you agree to indemnify TENZING SKINCARE and its affiliates for all claims resulting from any Submissions you submit. TENZING SKINCARE takes no responsibility and assumes no liability for any Submissions submitted by you or any third party.

 

You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on the Website is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. TENZING SKINCARE authorizes you to view and download materials at the Website only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Website in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other website (including without limitation, displaying this Website or any material displayed on or that can be downloaded from the Website in frames on another website without TENZING SKINCARE express written permission) is prohibited.

 

IN NO EVENT SHALL TENZING SKINCARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF TENZING SKINCARE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THESE WEBSITES, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, TENZING SKINCARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, TENZING SKINCARE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THESE WEBSITES IS ACCURATE, COMPLETE OR CURRENT.

 

This website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that TENZING SKINCARE is not responsible for the availability of, or the content located on or through, these external sites, and that TENZING SKINCARE does not endorse any such site, its use or contents and it is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or from any damage or loss caused by these. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.

 

TENZING SKINCARE operates this Website from the United States. TENZING SKINCARE makes no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America, do so of their own initiative, and must bear all responsibility for compliance with local laws, if applicable.

 

You agree to indemnify and hold TENZING SKINCARE and its affiliates, suppliers, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another party. This indemnity survives termination of these Terms of Use.

 

Any claim relating to the Website, the Terms of Use, and the relationship between you and TENZING SKINCARE shall be governed by the laws of the United States and the State of Florida without regard to its conflict of law provisions. You and TENZING SKINCARE agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida.