TERMS & CONDITIONS
By Accessing, Browsing, Purchasing with us or using out site, you agree to these Terms & Conditions. If you do not agree to abide by our terms, please do not use our site in any capacity.
Terms
The information on this website (aubreynicole.com) should not be used as medical advice or a recommendation for treatment of disease for any reason. The Food and Drug Administration has not evaluated these statements. This product has not been approved by the FDA for treatment of any disorder. The information on the label, on this Web site and in any accompanying literature, is for educational purposes only and is not intended to diagnose, prevent, treat or cure any disease. The information and products sold here should not be used in place of a qualified health provider. WWW.AUBREYNICOLE.COM makes no warranty or guarantee, either expressed or implied, regarding the completeness, accuracy, or timeliness of the information on this website nor its suitability for any purpose. Please consult your physician immediately if you need medical attention.
Used as directed, WWW.AUBREYNICOLE.COM products are safe and effective. However, because everyone's skin is different, we cannot absolutely guarantee the precise results you will experience. WWW.AUBREYNICOLE.COM bears no responsibility or liability for any misuse of our product or for any consequential injury as a result of using our products.
Since you will be applying our products to your own skin without the supervision of a skin care professional, use of the product is your responsibility. Remember to start with light pressure and adjust for your skin type as needed. Thicker, less sensitive skin can handle a little more pressure than sensitive skin. For sensitive skin, start with light pressure for the first time and gradually increase pressure for succeeding sessions.
Purchasing of our product constitutes agreement that aubreynicole.com is released from any claims, implied or stated that you have or may have in the future in connection with any of our products, regardless of results. By purchasing our products, you fully understand that you are using them at your own risk.
You represent and warrant that:
1. You are over the age of 18 and can form a legally binding contract under applicable law.
2. You have provided and will continue to provide only true, accurate, current and complete information about yourself when filling out information at the aubreynicole.com checkout. The information you provide to us must and should be the address and phone number your credit card bank has on file for you.
3. You are not using our products for any improper purpose, and you will act in good faith in your relationship with aubreynicole.com.
4. You have sufficient authority, if you are purchasing on behalf of a company, to bind that company to these terms.
Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON, aubreynicole.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH WWW.AUBREYNICOLE.COM. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. aubreynicole.com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, PRICE AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. WWW.AUBREYNICOLE.COM DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN THE SITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL WWW.AUBREYNICOLE.COM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, EVEN IF WWW.AUBREYNICOLE.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold harmless aubreynicole.com, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms.
Changes to the Terms
aubreynicole.com reserves the right, in its sole discretion, to change, modify, add or remove any portion of the terms in whole or in part, at any time. Changes in the terms will be effective when notice of such change is posted on aubreynicole.com's homepage. Your continued use of the Site after any changes to the terms are posted will be considered acceptance of those changes. You should periodically check the "terms" link on aubreynicole.com's homepage to view the then current terms. Changes to the Site aubreynicole.com may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the aubreynicole.com site, temporarily or permanently, including the availability of any features of the site or access to any parts of the site, at any time without notice to you, and you agree that aubreynicole.com shall not be liable therefore.
Storage of Content
You agree that aubreynicole.com/ may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for content transmitted through the site, and you agree that aubreynicole.com has no responsibility or liability for the deletion or failure to store any messages, communications or other content transmitted through the site.
Your Contact With Third Parties
Your dealings or communications through the site with any party other than aubreynicole.com are solely between you and that third party, and aubreynicole.com does not make any representations or warranties with respect to any goods, services or information which may be obtained from such third parties and aubreynicole.com/ shall not be liable therefore.
Links
The site, or third parties on the site, may provide links to other sites and/or resources over which aubreynicole.com has no control, and aubreynicole.com shall not be liable for the content, advertising, products or other materials available through such other sites or resources. No reselling of services on the site. You agree not to sell, resell, reproduce, duplicate, copy or use for any unauthorized purposes any portion of the site, or use of or access to the site.
International Users
This site is controlled, operated and administered by aubreynicole.com from its offices within the United States of America. aubreynicole.com makes no representation that materials on the site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the content in violation of U. S. export laws and regulations. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.
Choice of Law and Forum
The laws of the State of Louisiana shall govern the terms, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the terms shall be filed in a court of competent jurisdiction sitting in the parish of Orleans in New Orleans, Louisiana. Both parties consent to exclusive jurisdiction in that parish.
Attorney’s Fees and Costs
You agree to pay reasonable attorney’s fees and costs incurred by aubreynicole.com in any action or proceeding brought against aubreynicole.com by you, (the consumer, user or customer), in the event that aubreynicole.com prevails in such claim or action.
The terms constitutes the entire agreement between aubreynicole.com and you with respect to your use of the site. Any cause of action you may have with respect to the site must be commenced within three (3) months after the claim or cause of action arises, notwithstanding any statutes of limitations to the contrary. If for any reason a court of competent jurisdiction finds any provision of the terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the terms shall continue in full force and effect. Any failure by aubreynicole.com to enforce or exercise any provision of the terms or related right shall not constitute a waiver of that right or provision. The section titles used in the terms are purely for convenience and carry with them no legal or contractual effect.
THE FOLLOWING ARE SOME IMPORTANT REMINDERS FOR THE USE OF ANY SKIN CARE PRODUCTS
Directions must be followed precisely.
Do not use longer than the directions indicate or you may risk skin damage.
Remember to start with a lighter pressure and adjust for your skin type as needed.
DO NOT USE OTHER ABRASIVE PRODUCTS OR CHEMICAL EXFOLIATING PRODUCTS ON THE SKIN FOR SEVERAL DAYS AFTER USING skin care products like microdermabrasion.
AS WITH ALL EXFOLIATING skin care TREATMENTS, AVOID DIRECT EXPOSURE to the sun AND USE A SUNBLOCK DAILY.
In purchasing any product, and/or availing yourself of any information contained in this website, you agree that WWW.AUBREYNICOLE.COM is not liable for any loss or injury caused in whole or in part by either negligence or contingencies beyond its control, or for any reason. In no event will the contributors of information to this website, be liable to you or anyone for any decision made or action taken in the purchase and use of any product or reliance on information in this website, or for any consequential, special or similar damages, even if advised of the possibility of such damages.
We believe in our products whole-heartedly. We know that all-natural products are better for us, you and the environment. We strive to provide only the best ingredients and products available, but must make this disclaimer:
KARMAR Industries, INC. will not be held responsible for any reaction to any ingredient or product we offer. We do offer samples of most of our products so that you may try them first to test for any allergies.
We are a small, female-owned and operated company. By keeping our prices low, we cannot afford to offer refunds or exchanges on most purchases. We will only offer an exchange or a refund of the purchase price for an item IF the item is returned in resellable condition. The shrink wrap on the jars must be intact and unbroken. We do offer samples and sample kits of all our mineral makeup, so that you may try the products before purchasing full size. Samples are also non-returnable. If you receive a defective item, please e-mail us at customerservice@AubreyNicole.com and we will resolve the issue. Before sending back any item, please e-mail us for verification of the return. Thank you for your understanding.
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