Before you use this site,
Read these Terms, including the links provided, as they are a written agreement between you and A Mermaid’s Grace.
Intellectual Property Rights
This Site and all materials contained on this Site, including but not limited to images, text, photographs, designs, icons and illustrations, except those already covered by existing copyright and intellectual property protections, are the property of A Mermaid’s Grace, LLC (A Mermaid’s Grace), and/or its owners or affiliates.
Should you wish to republish, reproduce alter, upload, post, transmit, distribute or publicly display material from hairandskinplus.com, you will need written permission. The trademarks and logos used and displayed on www.hairandskinplus.com are property of A Mermaid’s Grace. Nothing contained on this Site should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the trademark owner.
Users may view and download material from this Site only for personal, noncommercial home use, and such permission is deemed adequate consideration for this contract. A Mermaid’s Grace will aggressively enforce its intellectual property rights to the fullest extent of the law. Any rights not expressly guaranteed herein are reserved by A Mermaid’s Grace.
Products Disclaimer
www.hairandskinplus.com 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 30 days of the purchase date (see our Return Policy).
Information disclaimer
The information on this Site aims to present A Mermaid’s Grace’s ideas and perceptions. Therefore, the information and advice regarding recommendations for skin care products strictly reflect the author’s opinions and knowledge about the subjects and products. It is important to note that people will have different outcomes when using A Mermaid’s Grace products.
Remember, everyone’s skin is different and may or may not react to a product sold by A Mermaid’s Grace. If for any reason, you react to a product sold by A Mermaid’s Grace, stop using it immediately, thoroughly rinse off your skin with cool water and consult a doctor should symptoms persist.
A Mermaid’s Grace is not a dermatologist. In case you need any medical advice about your skin or skin condition, consult with a dermatologist or doctor.
Warranty Disclaimer
THIS SITE IS PROVIDED ON AN “AS IS” , “AS AVAILABLE” , AND “WITH ALL FAULTS” BASIS. THEREFORE, A MERMAID’S GRACE MAKES NO CLAIM OR WARRANTIES, ENDORSEMENTS, PROMISES, EXPRESS OR IMPLIED. THE PRODUCTS SOLD THROUGH THIS SITE ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, A MERMAID’S GRACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
A MERMAID’S GRACE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE, WHETHER PREPARED BY PAULA’S CHOICE OR BY THIRD PARTIES, IS ACCURATE OR RELIABLE, THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES OR THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR SECURE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
A MERMAID’S GRACE IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, IN CONNECTION WITH THE SITE, THE CONTENT THEREOF OR THE PRODUCTS SOLD AND DESCRIBED THEREON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL A MERMAID’S GRACE LIABILITY TO A USER EXCEED THE AMOUNT PAID BY THE USER FOR ACCESSING THE SITE OR FOR THE PURCHASE OF PRODUCTS SOLD THEREON.
Void Where Prohibited
Although the Site is accessible worldwide, not all products discussed or sold on the Site will be available to all persons or in all geographic locations or jurisdictions. A Mermaid’s Grace reserves the right to limit, in its sole discretion, the availability to the Site and/or the provision and quantity of any product or service to any person, geographic area or jurisdiction it so desires. Any offer for any product made in connection with the Site is void where prohibited. Use of this Site is unauthorized in any jurisdiction;
- that does not give full effect to all provisions of this Agreement,
- where all or any portion of this Site may violate any legal requirements.
Code of Conduct
You agree not to:
- restrict or inhibit any other user from using and enjoying the Site and services;
- transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
- transmit materials in violation of another party’s intellectual property rights;
- use the Site for any commercial or unlawful purposes; or
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
Indemnification
You agree to indemnify, defend and hold harmless A Mermaid’s Grace from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys’ fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason.
Purchases:
To buy any products at A Mermaid’s Grace Site, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence or if you are a minor, have a valid credit card where an adult has listed you as an authorized user of their card. Prior to the purchase of any products, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization.You understand that any such information will be treated by A Mermaid’s Grace in the manner described in its Privacy Policy.
You agree that all such information that you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The prices displayed on the Site are in U.S. dollars.
All purchase transactions made through the Site are subject to A Mermaid’s Grace return policy and shipping policy in effect at the time of purchase.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. A Mermaid’s Grace reserves the right at any time after receipt of your order to accept or decline your order for any reason. A Mermaid’s Grace further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by A Mermaid’s Grace upon our delivery of products that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with A Mermaid’s Grace has been effected until you receive a confirmation from A Mermaid’s Garce via email or the Site.
No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on this Site as accurately as possible. However, mistakes happen, and therefore we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, A Mermaid’s Grace shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from A Mermaid’s Grace is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
Modifications to Prices or Billing Terms. The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. A MERMAID’S GRACE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERED TO YOU.
user generated content and Community Usage Rules
Non-Confidentiality of Your User-Generated Content. Except as otherwise described in our Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) A Mermaid’s Grace does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon A Mermaid’s Grace request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with A Mermaid’s Grace, please keep in mind that we do not seek any unsolicited ideas or materials for products or Sites, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Site are deemed User-Generated Content and licensed to us as set forth below. In addition, A Mermaid’s Grace retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. A Mermaid’s Grace receipt of your Unsolicited Ideas and Materials is not an admission by A Mermaid’s Grace of their novelty, priority, or originality, and it does not impair A Mermaid’s Grace right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
Use of Passwords
Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the “Authorized Party”). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages toA Mermaid’s Grace resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from A Mermaid’s Grace in writing, it being understood that A Mermaid’s Grace shall be under no obligation to approve any such request.
Changes/corrections/Updates
A Mermaid’s Grace shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other related services or feature thereof. This Agreement may be modified by A Mermaid’s Grace at any time by A Mermaid’s Grace posting the modified terms on this Site, and your continued use of the Site thereafter shall be deemed acceptance of these terms and conditions.
Miscellaneous
You agree that this Agreement is entered into in the State of Washington and shall be governed by and construed in accordance with the laws of the state of Washington, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the King County in the State of Washington, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.