This Agreement sets forth the legal terms and conditions for your use of the website www.alumiermd.com or any other website controlled by AlumierMD Labs Inc. in Canada, any mobile application relating thereto (the "Websites") and for your purchase and/or use of any AlumierMD goods or services in Canada. The Websites are owned and created by AlumierMD Europe Limited and supervised by AlumierMD Europe Limited (hereinafter "AlumierMD ," "We" or "Us").
1. Agreement. BY USING ANY WEBSITES OR PURCHASING OR USING ANY PRODUCTS OR SERVICES FROM ALUMIERMD, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION PROVISION IN SECTION 19 BELOW.
SOME OF OUR PRODUCTS AND SERVICES HAVE ADDITIONAL RULES, POLICIES, AND PROCEDURES ("ADDITIONAL TERMS"). WHERE ADDITIONAL TERMS APPLY TO A PRODUCT OR SERVICE, WE WILL MAKE THEM AVAILABLE FOR YOU TO READ THROUGH YOUR USE OF THAT PRODUCT OR SERVICE. BY USING THAT PRODUCT OR SERVICE, YOU AGREE TO THE ADDITIONAL TERMS.
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE PRODUCTS AND SERVICES PROVIDED ON THE WEBSITES AT ANY TIME. IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S). THOSE CHANGES WILL GO INTO EFFECT ON THE REVISION DATE SHOWN IN THE REVISED AGREEMENT.
BY CONTINUING TO USE ANY WEBSITES OR PURCHASE OR USE ANY PRODUCTS OR SERVICES FROM ALUMIERMD AFTER THE REVISION DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
2. Eligibility. You agree to provide us with complete and current registration information. Persons under 13 are prohibited from providing personal information on our Websites. If you are under 18, you may only use our Websites with the supervision of a parent or guardian 18 years of age or older. Unless otherwise specified, the materials in the Websites are presented solely for the purpose of promoting products available in Canada. AlumierMD makes no representation that materials contained in the Websites are appropriate or available for use in other locations. Those who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. AlumierMD products ordered from the Websites cannot be shipped into another country outside of Canada. Purchase and/or use of any AlumierMD products or services outside of Canada are governed by the Terms and Conditions of use and other policies contained on the websites specific to each country where they are available.
3. Acceptable Use of the Websites. You are responsible for your use of the Websites, and for any use of the Websites made using your account. When you use the Websites, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 13 below);
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Websites;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Websites (although AlumierMD may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and AlumierMD reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Websites; attempt to circumvent any technological measure implemented by AlumierMD or any of AlumierMD's providers or any other third party (including another user) to protect the Websites; attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
4. AlumierMD Skin Care Professionals. AlumierMD products and services are sold through Website and through Skin Care Professionals that carry the AlumierMD brand. Online shopping is fulfilled and sold directly by AlumierMD in connection with an AlumierMD Skin Care Professional. To purchase AlumierMD's products or services, you must first engage in a face-to-face consultation with a Skin Care Professional in order to get a qualified expert assessment of your skin conditions and concerns to ensure optimal use of products for your skin type.
5. Testimonials. The testimonials reflect the actual experience of each individual and are meant to be interpreted as anecdotal evidence. They may not reflect the reality of the efficacy of AlumierMD products.
6. Online Purchases. When any user registers an account online with AlumierMD, they will receive an AlumierMD identification number (AlumierMD ID). All users of the Website who wish to access account information will need to establish a password. The user is solely and entirely responsible for any activity under the respective AlumierMD ID. Please notify AlumierMD of any suspected behaviour that may have not originated from your AlumierMD ID.
7. Client Product Guarantee Policy. A forty-five (45) day money-back guarantee is offered on all AlumierMD Products. Clients who are not completely satisfied may return products to their AlumierMD Independent Consultant for a replacement or full refund within forty-five (45) days from the client purchase date (not including shipping charges). Online client purchases may be returned directly to AlumierMD for replacement or full refund within forty-five (45) days from the client purchase date (not including shipping charges). A signed and fully completed Product Return Form must accompany a product return. Please allow four (4) to six (6) weeks for processing. Promotional products and gift items may not be available for replacement, and may, at AlumierMD's discretion be exchanged for an item of equal value.
8. Ownership & Copyright Restrictions. The Websites are owned and operated by AlumierMD. The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio, hypermedia items and the compilation as a whole ("Content"), are copyrighted under copyright and other laws by AlumierMD or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Websites or elsewhere.
(1) the Websites may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites or any Content or components that are available on the Websites; and (3) you may not make commercial use of these pages and/or any other webpage or service provided by AlumierMD, including redistribution or copying by means; EXCEPT with the prior, express written permission of AlumierMD.
You agree not to interfere or take action that results in interference with or disruption of the Websites or servers or networks connected to the Websites. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites.
10. Copyright Permission. Permission is granted for viewing these pages on the Internet, subject to the terms and conditions of this Agreement. Any images, pictures, content or text on the Website cannot be downloaded or copied due to copyright laws. All other rights reserved.
11. Trademarks. All content, product names, trademarks, service marks and logos on the Websites, unless otherwise noted, are wholly owned or validly licensed by AlumierMD or its affiliates. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
13. Anti-Spam Policy. AlumierMD strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending any commercial electronic message to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless express consent has been obtained from the message/email recipient or unless a business or personal relationship has already been established with the message/email recipient. AlumierMD also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with AlumierMD, and/or its products and services. AlumierMD prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
14. DISCLAIMER. ALUMIERMD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO ALUMIERMD'S PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, THE ALUMIERMD REPLICATED WEBSITE PROGRAM OR THE ALUMIERMD OPPORTUNITY (COLLECTIVELY HEREAFTER, "SERVICE").
THIS SERVICE IS PROVIDED "AS IS." YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SKIN CARE PROFESSIONALS’ WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY SKINCARE PROFESSIONAL’S WEBSITE.
15. LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT ALUMIERMD, ITS AFFILIATES, AGENTS, SKINCARE PROFESSIONALS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THIS SERVICE, YOUR PURCHASE OR USE OF ALUMIERMD PRODUCTS, SERVICES OR INFORMATION, YOUR PARTICIPATION AS AN ALUMIERMD INDEPENDENT CONSULTANT, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
16. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ALUMIERMD, ITS AFFILIATES, AGENTS, SKINCARE PROFESSIONALS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SERVICE, SALE OR INFORMATION REGARDING ALUMIERMD PRODUCTS, THE ALUMIERMD OPPORTUNITY, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
17. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the Province of Ontario without regard to any conflict of laws principles.
18. Arbitration. You and AlumierMD agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and AlumierMD hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and AlumierMD
relating to the Service or this Agreement (each a "Claim") shall be submitted for binding arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and AlumierMD also have the right to bring qualifying claims in small claims court. In addition, you and AlumierMD retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor AlumierMD may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or AlumierMD's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or effect any other portion of this Agreement. This Section will survive the termination of your relationship with AlumierMD.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN APPLICABLE RULES OF ARBITRATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ALUMIERMD WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
19. Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
20. Unenforceability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
21. Conflicts. If at any time you have agreed or agree to the AlumierMD Independent Consultant Application & Agreement, to the extent of any conflict between the terms of the AlumierMD Independent Consultant Application & Agreement and the terms of this Agreement (including, without limitation, any conflict with respect to dispute resolution terms), the terms of the AlumierMD Skincare Professional Application & Agreement shall apply and control.
23. Notices. You may contact us by writing or calling us at the address and/or telephone number listed below:AlumierMD Labs, Inc
400 Applewood Crescent, Suite 100
Vaughan, ON, Canada
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOU RECORDS AND PLEASE CHECK THE WEBSITES FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.