Welcome to the ExquisSkincare.com Site (the "Site").
Exquis LLC, which owns and operates ExquisSkincare.com provides the services and content available on the Site to you subject to the following terms’ and conditions (“Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
You agree by using this Site, you will use your true identity and will not impersonate any person or entity including any other Site User in any manner in order to hide your true identity.
Privacy
Please review our Privacy Policy, which also is in effect while you visit the Site, so you understand our privacy policies.
Product Descriptions
Exquis LLC attempts to be as accurate as possible when describing products; however, Exquisskincare.com does not warrant that production descriptions or other content available on the Site is accurate, complete, current, reliable, or error-free. If a product offered by Exquis LLC on the Site is not as described, your only option is to return it in unused condition.
Purchase Related Polices
To view our purchase related policies and procedures related to orders placed through this Site (including shipping and handling, returns and exchanges), please click here.
Intellectual Property
All content and technology available on or underlying ExquisSkincare.com, for example text, graphics, logos, button icons, images, audio clips, and software is the property of Exquis LLC and its technology and service providers. The compilation of all content on this Site is the exclusive property of and is protected by United States and international copyright laws. All logos, trademarks, and service marks displayed on the Site are the registered and unregistered trademarks of or certain third parties in the United States. All other trademarks not owned by that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Exquis LLC.
Except as set forth in the limited licenses in Section 5 below, no portion of this Site nor Content may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited for any purpose without the prior written consent of Exquis LLC.
Limited Licenses
We grant you a limited, revocable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to (1); frame or utilize framing techniques to enclose the Site or any portion of the Site without Exquis LLC written consent. (2); make use of the Site or its Content other than personal use; (3) modify or download the Site or its contents (excluding caching); (4) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our written consent (5); collect account information for the benefit of another party (6); use software robots, spiders, crawlers, or similar data gathering extractions tools or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the Site terminates the limited license set forth in this Section 5.
Children
This site is not intended for children under the age of 13.
Indemnification of ExquisSkincare.com
You agree to defend, indemnify and hold harmless Exqisskincare.com for any damages or costs, loss, including reasonable attorney’s fees, resulting from any third party claim, action, or demand related to your use of the Site or any action you take that imposes an unreasonable burden or load on our infrastructure.
Third Party Websites
Exquis LLC is not responsible for the content of any off-website pages or any other websites linked to or from ExquisSkincare.com. You are linking to or from any off-website pages or other pages at your own risk. Exquis LLC is not in any way responsible for examining or evaluating, the offerings on off-website pages or any other sites linked to the Site. Exquis LLC is not responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-website pages. Exquis LLC is also not responsible or liable for computer viruses, system failure or malfunction, which may occur during hyperlink to third party sites.
Unsolicited Ideas Submission
You acknowledge and agree that Exquis LLC is free to use any unsolicited ideas, concepts or know-how submitted (collectively, “Submission”) by you to Exquis LLC for any purpose whatsoever including, but not limited to the manufacturing, distributing, developing, and marketing products using such information, without any compensation to you. Submissions will be treated as non-proprietary and non-confidential. Submissions are subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you herby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. You acknowledge that your Submission will not be returned and we reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way we see fit including in any form, media or technology, alone or as part of other works.
You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
Disputes
With respect to any dispute over the Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States of America and the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of New York. Any dispute relating in any way to your visit to ExquisSkincare.com or to products you purchase through ExquisSkincare.com shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Exquis LLC’s intellectual property rights, or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, Exquis LLC may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms and Conditions shall be joined to an arbitration involving any other party subject to this Timers and Conditions, whether through class arbitration proceedings or otherwise.
Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." EXQUIS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT EXQUIS LLC WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR (d) EVENTS BEYOND THEIR REASONABLE CONTROL.
FURTHER, EXQUIS LLC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF EXQUIS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXQUIS LLC’S MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
General
Exquis LLC reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting changes to ExquisSkincare.com. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. Exquis LLC may, with or without notice, terminate your rights granted by these Terms and Conditions. You shall comply immediately with any such notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and ExquisSkincare.com. The failure of ExquisSkincare.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by ExquisSkincare.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. ExquisSkincare.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the ExquisSkincare.com as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please contact Quality, Beauty and Consumer Relations Department:
QUALITY, BEAUTY AND CONSUMER RELATIONS DEPARTMENT
P.O.Box 167
Harriman NY 10926 USA
Contact@ExquisSkincare.com
Current prices for the products are available on ExquisSkincare.com and may be obtained by going to the corresponding pages for specific products. Exquis LLC reserves the right to modify prices as any time.
