Terms of Service
These Terms of Service were last updated on December 1, 2009.
If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below. By using our website, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us on the website.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE. VIOLATION OF ANY OF THESE TERMS AND CONDITIONS MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCESS TO OUR WEBSITE IN ADDITION TO LEGAL REMEDIES.
Our goal is clear and prominent disclosure.
If you do not understand any part of these Terms of Service, please ask us to explain it to you by sending an e-mail to admin (at) healingacneinfo.com (replacing the “(at)” with the “@” symbol and removing the spaces) with your question and wait for an answer from us before using this Website.
1. Minors.
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
2. Privacy Policy Is Part Of These Terms And Conditions.
Our privacy policy is part of, and subject to, these Terms of Service. You may view our privacy policy by clicking on the privacy policy text on the homepage.
3. Anti-Spam Policy, Notices, and Announcements.
We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.
We fully endorse and comply with the requirements of applicable anti-spam law.
If you subscribe to electronic newsletters or other communications from our website, you will always have an option to unsubscribe immediately.
You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters.
If you have additional questions, comments or concerns, please contact us by sending an e-mail to admin (at) healingacneinfo.com (replacing the “(at)” with the “@” symbol and removing the spaces) and providing us with information relating to your concern.
4. Modifications and Terminations.
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. Any such revision or change will be binding and effective ten (14) calendar days after the revised terms and conditions or change to the service(s) is posted on the website. If you disagree with the modifications that have been made, you should not use our website.
We may terminate these Terms of Service for any reason and at any time without notice to you.
If you are concerned about these Terms of Service, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to admin (at) healingacneinfo.com (replacing the “(at)” with the “@” symbol and removing the spaces), and providing us with information relating to your concern.
5. Licensee Status.
You understand and agree that your use of our website is limited, nontransferable, and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
6. Content Ownership.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. All product names or other works mentioned on our website are trademarks of their respective owners or developers. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to admin (at) healingacneinfo.com (replacing the “(at)” with the “@” symbol and removing the spaces).
7. Third-Party Information. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party’s personal data. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
9. Alleged Copyright Infringement.
Please send notifications of claimed copyright infringement to: admin ( at ) pimplemarks.com
To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
(1) Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
(2) Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
(3) Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
(4) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
(5) The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
THE INFORMATION ON OUR WEBSITE IS PROVIDED ON AN ”AS IS,” ”AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED.
INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NOT TO BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED FIFTY ($50) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES. ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THESE TERMS OF SERVICE.
11. Obscene And Offensive Content.
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to admin (at) healingacneinfo.com (replacing the “(at)” with the “@” symbol and removing the spaces) so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
12. External Links Policy.
Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites.
You should know that travel suppliers’ and other hyperlinked websites may track visitor viewing habits.
In addition, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.
We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. You understand that links on our website usually become inactive over time.
To report problems with links on our website, or for more information about this policy, please send an e-mail to admin (at) healingacneinfo.com (replacing the “(at)” with the “@” symbol and removing the spaces).
14. Indemnification.
You understand and agree that you will indemnify, defend and hold us, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from the our services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.
15. Breach. You agree that your failure to abide by any provision of this Agreement, any Website operating rule or policy, or any dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
16. Compliance With Governing Law And Dispute Resolution.
You agree to obey all applicable laws while using our website.
You agree that these Terms of Service shall be governed by and construed in accordance with the laws of the United States without regard to its conflict of laws principles. Subject to the binding arbitration provisions of this Agreement, you agree that courts located in London, England, shall have in personam jurisdiction and venue with respect to you, and you hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
You also agree that any conflicts, disputes or controversies arising out of or relating to these Terms of Service or your use of the Website, or your use of products or services sold by us (except those requiring injunctive relief to protect our intellectual property rights) shall be settled by expedited, confidential binding arbitration before a single arbitrator under the Rules of the United States Court, which rules are deemed to be incorporated by reference into this clause. The place of arbitration shall be Madison, Wisconsin. The language to be used in the arbitral proceedings shall be English. You also agree that each party will be responsible for one half of the arbitration fees and costs incurred, and their respective lawyer fees.
17. Severability of These Terms And Conditions.
If any part of these Terms of Service are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
18. Assignability.
Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option. We may unilaterally assign our rights and obligations under this Agreement but will inform you of such an assignment within thirty (30) days by posting a notice on the website’s home page.
19. How To Contact Us.
Any questions or concerns about these Terms of Service should be brought to our attention by e-mail to admin (at) healingacneinfo.com (replacing the “(at)” with the “@” symbol and removing the spaces), and providing us with information relating to your concern.
20. Entire Agreement.
These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website. This Agreement supersedes all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.
