Terms & Conditions

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Janae web site located at janaeskincare.com, and all associated sites linked to janaeskincare.com by Janae as well as its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Janae Skincare (“Janae”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Janae reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Janae grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, trademarks, and logos (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Janae, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Janae's express prior written consent.

You may use information on Janae products and services (such as product information, blog articles, and similar materials) purposely made available by Janae for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Online Conduct

Any conduct by a person that in Janae Skincare's sole discretion restricts or inhibits any other person from using or enjoying janaeskincare.com is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through janaeskincare.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

Privacy

Your privacy is very important to us. The information collected is used to enhance the vistor's experience when using the website to display personalised content and possibly advertising. No information collected will be sold, rented or leased to 3rd parties. E-mail may be sent to inform you of news of our services or offers by us.

Purchases

Janae may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Janae makes no commitment to update the materials on the Site with respect to such products and services. All sales of products by janaeskincare.com are limited to personal use and may not, without the express prior written approval of janaeskincare.com, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.

Colors/Satisfaction Policy/Returns

Janae Skincare has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. Janae Skincare does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on this Site, please contact us. If for any reason you are not satisfied with any products you purchase on this Site you can return them. We will give you the choice between a credit card refund or a online store credit. As we are certain you will understand, we may not provide a refund or an exchange if the products have been opened or used unless such products are defective.

Order Acceptance/Shipping Terms/Refunds

Acceptance of all orders by Janae Skincare occurs only upon shipment from Janae Skincare's distribution center in Chandler, Arizona. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. Janae Skincare reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, Janae Skincare is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). In the event of an authorized return of any goods sold from the Site, Janae Skincare is not obligated to include a refund of any shipping and handling charges except when the return is for defective product and Janae Skincare shall have the option to refund any amount owing to Customer by crediting the charge card used for payment.

Disclaimer - Beauty Products

The use and selection of cosmetics and other health and beauty products ("Beauty Products") requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products. Janae Skincare will endeavor to provide to Customers all required product labeling information; however, Janae Skincare is not the manufacturer of the Beauty Products, therefore it is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the Customer. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.

In providing information or advice on this Site with respect to Beauty Products, in product descriptions or otherwise, Janae Skincare may rely upon advice from the manufacturers and from licensed beauticians, but Customers seeking advice from this Site shall be responsible for fully informing Janae Skincare of any known allergies, special health or skin conditions, or other special circumstances that might be relevant to the beauty counselor providing such advice. Since Janae Skincare is not the manufacturer of the products it sells, Janae Skincare does not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products. Janae Skincare will, upon request, endeavor to identify the manufacturer of the product and provide to the Customer contact information for the manufacturer.

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to register for an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Janae immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Janae or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Janae cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Other Sites and to the Janae Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Janae's control, and Janae is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

JANAE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. JANAE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JANAE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JANAE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY JANAE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JANAE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Janae reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JANAE 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 OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, JANAE SKINCARE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE JANAE SKINCARE SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.

ALL MATERIALS AND INFORMATION PRESENTED BY JANAE SKINCARE ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT JANAE SKINCARE.

Limitation of Liability

Except where prohibited by law, in no event will Janae be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Janae has been advised of the possibility of such damages.

IN NO EVENT SHALL JANAE SKINCARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO JANAE SKINCARE FOR THE PRODUCT(S) AT ISSUE, EVEN IF JANAE 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 SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST JANAE SKINCARE WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE UNLESS OTHERWISE PERMITTED UNDER APPLICABLE STATUTE OF LIMITATIONS.

Indemnity

You agree to defend, indemnify and hold us, our affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your (or anyone acting under your password and user name) use of the Site, any User Content made available on the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Violation of These Terms of Use

Janae may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Janae’s rights or property, or the rights or property of visitors to or users of the Site, including Janae’s customers. Janae reserves the right at all times to disclose any information that Janae deems necessary to comply with any applicable law, regulation, legal process or governmental request. Janae also may disclose your information when Janae determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Janae may preserve any transmittal or communication by you with Janae through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Janae determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Janae, its employees, users of or visitors to the Site, and the public.

You agree that Janae may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Janae, for which monetary damages would be inadequate, and you consent to Janae obtaining any injunctive or equitable relief that Janae deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Janae may have at law or in equity.

You agree that Janae may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Janae does take any legal action against you as a result of your violation of these Terms of Use, Janae will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Janae. You agree that Janae will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Janae may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to all or part of janaeskincare.com, without notice, for any conduct that janaeskincare.com, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or janaeskincare.com.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Maricopa County, Arizona, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Janae Skincare and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Janae Skincare on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Janae Skincare's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Janae Skincare of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, Janae Skincare will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Janae Skincare is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any person any compensation for any Comments; or (3) to respond to any customer Comments.

Severability

If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.

Waiver

The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.

Entire Agreement

This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Janae Skincare and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by Janae Skincare without need of further notice and shall not be part of this Agreement or in any way binding upon Janae Skincare

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver 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 any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please email us at legal@janaeskincare.com.