Terms And Conditions

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site. These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so. We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review the Terms of Use whenever you use the Site. Any unauthorized, improper and/or illegal use of the Site or any contents available therein, will result in the termination of your license to use the Site. The Site is intended for and directed to residents of the United States and all information, advertising and claims contained on the Site are valid in and applicable only to the United States. Site visitors outside of the United States who choose to access the Site and use its contents in any way are responsible for compliance within their own legal jurisdictions. Uptown Cosmeceuticals shall remain free of any liability connected to international visitors using this Site and/or any information contained therein. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older.

Intellectual Property Rights
All Content appearing on the Site, including the site design, graphics, logos, icons, photographs, images, and audio and video clips, as well as the selection, assembly and arrangement thereof, and all software are the property of Uptown Cosmeceuticals and are protected by U.S. and international copyright laws. All other copyrighted materials are the property of their respective owners. The Content on the Site may be used by you as an educational or information resource . Any other use, including downloading, uploading, copying, reproducing, modifying, distributing, transmitting, republishing, displaying, creating derivative works of, or performance of the Content is strictly prohibited. You may not provide links to images or text on our Site for commercial purposes without our express written consent. Upon request that you remove any link to the Site, you must immediately remove such link. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site, or use a link to our Site for commercial purposes, you may contact us at info@uptowncosmeceuticals.com. We reserve the right, in our sole discretion, to condition or refuse to consent to the use of any or all of the Content at any time and in any manner. All rights not expressly granted herein are reserved.
Product/Advice Disclaimer
Absolutely not. This web site does not offer medical advice, or attempt to diagnose or treat any skin problem, disease, or skin condition. If you have a medical problem with your skin, please make an appointment to see a dermatologist in your area. All products should be used as directed on the product container or on this website. Discontinue using any product that causes irritation (redness, itching, burning, scaling, soreness, or other symptoms). If you are dissatisfied with any product purchased here, you may return it for a full refund within 60 days of the purchase date.
Product Descriptions
Uptown Cosmeceuticals attempts to provide accurate and updated information with respect to the Uptown Cosmeceuticals products described on the Site, however, we make no guarantee that the product descriptions and information on the Site are complete, accurate, timely or free from error.
Unauthorized Distribution

Uptown Cosmeceuticals does not authorize the resale of our Product by unauthorized retailers. Therefore any purchase order suspected to be use for illegal distribution or any other activity not approved in writing by an authorized Officer of Uptown Cosmeceuticals may be subject to suspension or immediate termination of account and restrained from any further access to the Site. Any open order will be cancelled and credited back to Buyer. Uptown Cosmeceuticals reserve the right to pursue any unlawful distributor for violations including but not limited to The Lanham Act.

Third-Party Links

In an attempt to provide increased value to our visitors, this Site 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 Uptown Cosmeceuticals, Uptown Cosmeceuticals has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Uptown Cosmeceuticals. Uptown Cosmeceuticals 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 Uptown Cosmeceuticals 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.

Contests

This Site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

Your Account
When you set up an Account, you are required to provide your name and email address and select a password (collectively, your "Account Information"), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event will We be held liable to you for any liabilities or damages resulting from or arising out of
(i) any action or inaction by Us under this provision,
(ii) any compromise of the confidentiality of your Account or password, and
(iii) any unauthorized access to your Account or use of your password.
You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity.
User Content
We welcome user comments, information and submissions. In addition, you and other users of the Site from time to time may have an opportunity to post on the Site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, "tips", opinions and other material (collectively, "User Content"). Subject to our Privacy Policy, all User Content that you post on this Site will be treated as non–confidential and non–proprietary to you and may be viewed by you and/or other users of this Site. You also agree that we, our affiliates and our licensees are free to use any ideas, concepts, know–how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
Site Security and Prohibited Actions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

(1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

(2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming" or "crashing;"

(4) sending unsolicited email, including promotions and/or advertising of products or services; or

(5) forging any TCP/IP packet header or any part of the header information in any email.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Cancellations

By Uptown Cosmeceuticals.com: We reserve the right to cancel or refuse any order for any reason. Some situations that lead to cancellation of any order include limitation of the quantities available for purchase, error or inaccuracies in product or pricing information and so on. We will notify in case of any such cancellations and the amount charged by your credit or debit card will be reversed back to your Card Account.

By the Customer: You can cancel your order or some items in your order before the item is shipped and the bill is generated. You also have the opportunity to exchange the merchandise or get a refund by returning the item back to us. However returns are accepted only for specific items, excluding perishables, made to order, or items of personal hygiene such as under garments or cosmetics, in unused and saleable condition with its original packaging and other original tags. The product must be return or exchanged within 7 days from the date on which these goods are delivered.

Disclaimer of Warranties and Limitation of Liability
NEITHER MAJESTIC PURE NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT CONTENT OR INFORMATION ON THE SITE IS ACCURATE OR RELIABLE, AS TO THE QUALITY OF ANY PRODUCTS DESCRIBED ON THE SITE, OR THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ALL MEDICAL CONTENT PROVIDED IN ANY AREA OF THIS SITE, IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A PHYSICIAN. IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE FOR YOU. ALWAYS CONSULT YOUR PHYSICIAN REGARDING ANY MEDICAL CONDITION AND BEFORE USING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT OBAGI AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE A DDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAJESTIC PURE, OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO ANY PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEB SITE OR ANY HYPERLINKED SITE, EVEN IF UPTOWN COSMECEUTICALS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, IN SUCH STATES OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification

By using the Site, you agree to indemnify, defend and hold harmless Uptown Cosmeceuticals, its affiliates, and their respective officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs , including reasonable attorneys’ fee, resulting from any violation by you of these Terms of Use.

Governing Law

This Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

LITIGATION
All legal proceedings arising out of or in connection with this Contract shall be brought solely in the State of California and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the E-Store or Uptown Cosmeceuticals is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Uptown Cosmeceuticals to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.