ARMESSO USA, CORP.
GENERAL TERMS AND CONDITIONS
ARMESSO USA, CORP. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU, WHICHEVER OCCURS FIRST. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF WWW.SHOPARMESSOUSA.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
UNLESS DESIGNATED AS A “SKIN CARE PRODUCT FOR HOME,” OR UNLESS SPECIFIED OTHERWISE, ALL ARMESSO USA, CORP. PRODUCTS ARE FOR PROFESSIONAL USE ONLY BY EXPERIENCED AND LICENSED ESTHETICIANS.
ARMESSO USA, CORP. IS NOT RESPONSIBLE FOR ANY BURNS, ACCIDENTS, OR INJURIES WHATSOEVER.
INFORMATIONAL AND COSMETIC PURPOSES ONLY
The information provided at www.shoparmessousa.com is presented for the purpose of selling cosmetic products for use by licensed professional estheticians and/or individuals.
By purchasing any Armesso “Skin Care Product for Professionals” you are officially stating that you are a certified aesthetic professional or aesthetic business professional. Additionally, by purchasing any Armesso Skin Care Professional Product you are certifying that you hold a valid professional license or aesthetic business license. Nothing contained in www.shoparmessousa.com is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of therapy or treatment for a particular individual. The information provided may not apply to everyone, since each individual is different.
Under no circumstances should any information provided on www.shoparmessousa.com be used in place of a visit, call, consultation or the advice of your esthetician, physician, and qualified health care providers. If you have a condition that needs medical attention, always consult your doctor for specific medical advice, diagnoses, and treatment.
Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read at www.shoparmessousa.com
GENERAL DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE AND ALL ITS RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARMESSO USA, CORP. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARMESSO USA, CORP. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARMESSO USA, CORP. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WWW.SHOPARMESSOUSA.COM WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ARMESSO USA, CORP., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT; ANY ACTIVITY RELATED TO YOUR USE OF THE WWW.SHOPARMESSOUSA.COM WEBSITE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT); OR YOUR USE OF ANY PRODUCT OR SERVICE PROVIDED BY ARMESSO USA, CORP. OR TRACED TO YOU OR ANY OTHER PERSON ACCESSING WWW.SHOPARMESSOUSA.COM USING YOUR SERVICE ACCOUNT.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT ARMESSO USA, CORP., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR IN INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF WWW.SHOPARMESSOUSA.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ARMESSO USA, CORP., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ARMESSO USA, CORP.) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF WWW.SHOPARMESSOUSA.COM, OR ANY OF THE PRODUCTS OR SERVICES OFFERED THEREON.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF ARMESSO USA, CORP., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION, ITEM OR SERVICE PROVIDED. IN NO EVENT SHALL WWW.SHOPARMESSOUSA.COM BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF WWW.SHOPARMESSOUSA.COM ARE HEREBY EXCLUDED EVEN IF ARMESSO USA, CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INCOMPLETE INFORMATION, AND ERRORS AND OMISSIONS
This website may not include all the facts about a topic, or may contain data that is out of date. Armesso USA, Corp. does not warrant or assume any legal liability or responsibility, expressed or implied, as to the accuracy, reliability or completeness of furnished data, or usefulness of any information, apparatus, product, or process disclosed.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Armesso USA, Corp. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
Armesso USA, Corp. is not responsible for typographical errors, product changes, updates, and new information that is released that has not yet been added to this site. Information on this website is subject to change without prior notice.
EXTERNAL SITES AND LINKS
In an attempt to provide increased value to our visitors, www.shoparmessousa.com may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Armesso USA, Corp., Armesso USA, Corp. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Armesso USA, Corp. Armesso USA, Corp. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and, therefore, you access them at your own risk. Links do not imply that Armesso USA, Corp. sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
COLORS/PRODUCT SATISFACTION POLICY
Armesso USA, Corp. has made every reasonable effort to display as accurately as possible the colors and images of the products that appear on this web site. However, the actual colors and images that you see depend on a number of factors, including the monitor that you use and the settings on the monitor. Armesso USA, Corp. cannot and DOES NOT guarantee that the display of any color or image will be accurate.
COPYRIGHTS AND TRADEMARKS
Worldwide copyright laws and treaty provisions protect all materials appearing anywhere on the www.shoparmessousa.com Internet site. None of the materials may be copied, reproduced, modified, or distributed in any form or by any means without Armesso USA, Corp.’s prior written permission.
ARMESSO AM, AM TRIAL, AM LECIPLUS, AM AGE FACTOR, AM FIT FACTOR, AM HAIR FACTOR, AM MESSOLIPO are the exclusive trademarks of Armesso USA, Corp. The use of Armesso trademark or service without our written consent is strictly prohibited.
Any unauthorized use of the materials appearing on www.shoparmessousa.com Internet site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Anything that you submit or post to the www.shoparmessousa.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and non-proprietary, and Armesso USA, Corp. shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. All submissions shall automatically become the sole and exclusive property of Armesso USA, Corp.
All text, graphics, button icons, images, audio and video clips, and software belong exclusively to Armesso USA, Corp. and its web designers and suppliers. The collection, arrangement, and assembly of all content on www.shoparmessousa.com belongs exclusively to Armesso USA, Corp. All software used on www.shoparmessousa.com is the property of Armesso and its suppliers.
Returns, exchanges or refunds of any kind are not accepted.
If you receive a package that contains a broken vial, jar or bottle due to transportation mishandling, you must send photographic proof to our email so we can proceed to the replacement of the product.
In the event that you receive a wrong purchase order or one you did not place, please contact us so we can proceed with the correction of your order.
ORDERS WITHIN THE USA:
Although Armesso USA, Corp. usually ships orders using United States Postal Service (“USPS”), Armesso USA, Corp. reserves the right to ship your order using any courier Armesso USA, Corp. deems most appropriate for the transaction. Generally, all shipped orders have tracking information. All orders generally for in stock merchandise ship within two to five (3-9) business days from the time your order is placed. Shipping costs are additional to the total of your order. If your billing address is different from your shipping address, please make sure to include your phone number with your order so we may contact you regarding your order. Due to the difference in services provided by different couriers, we may send your order using a different courier service.
ORDERS SHIPPED TO CANADA AND OTHER INTERNATIONAL DESTINATIONS:
Armesso USA, Corp. uses FedEx, EMS, and USPS to ship to Canada. As Canada is an international destination, you are responsible for knowing the customs regulations in your country. If you have any request regarding your order in relation to custom’s regulations, please add special comments when placing your order. Armesso USA, Corp. has the right to refuse returned merchandise due to Canada’s customs’ refusal. We may reship orders but will not accept returns. We use FedEx and EMS to ship to other countries. Please know we do not accept returns for international orders. Prior to placing an order, please know the customs regulations in your country. Armesso USA, Corp. has the right to refuse returned merchandise due to customs’ refusal for international orders. We may reship items but will not accept returns.
No waiver by any party hereto of any breach by the other party of any term, covenant or condition of this Agreement shall be deemed a waiver of any other breach (whether prior to or subsequent) of the same or any other term, covenant or condition of this or any other agreement.
This Agreement, and all rights and obligations hereunder, shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, licensees and permitted assigns.
Paragraph headings used herein are for convenience only, and shall not be deemed to be part of this Agreement.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
Nothing herein contained shall constitute a partnership between, or joint venture by, the parties hereto, or constitute either party an agent of the other. Neither party shall hold itself out contrary to the terms of this paragraph and neither party shall become liable by any representation, act or omission of the other contrary to the provisions hereof.
This Agreement represents the entire agreement between the parties hereto and supersedes all prior representations, negotiations, promises, understandings or agreements, whether oral or written, between the parties with respect to the subject matter hereof.
No amendment or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and made by the party to be charged therewith.
Except as may be expressly provided to the contrary herein, the parties’ various rights and remedies hereunder shall be cumulative and the exercise or enforcement of any one or more of them shall not preclude the enforcing party from exercising or enforcing any of the others or any right or remedy provided for by law.
This Agreement is entered into and shall be deemed wholly performed in Miami-Dade County, Florida and shall in all respects be governed by and construed in accordance exclusively with the laws of the State of Florida applicable to contracts made and to be entirely performed therein without regard to principles of conflicts of law. The parties specifically agree that the state or federal courts in Miami-Dade County, Florida, shall have jurisdiction and exclusive venue in respect of any and all disputes in connection herewith.