Eternale.com: Terms of Use

Read These Terms of Use Agreement Before Accessing Website.

Effective Date:
This Terms of Use Agreement was last updated on December 15, 2007

This Terms of Use Agreement sets forth the standards of use of the Eternale™, Inc., Website. By using the www.eternale.com website, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the www.eternale.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Disclaimer of Warranties
The site is provided by Eternale™ on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Eternale™ makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Eternale™ shall have no liability for any interruptions in the use of this Website. Eternale™ disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.

Limitation of Liability
Eternale™ Inc., Eternale Dermagetix™, Employees, Officers, and Directors SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, Eternale™, Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Eternale™, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Eternale™, Inc., Eternale Dermagetix™, or anyone affiliated thereto, will not be held responsible for any injury due to the use of our products. Neither we nor any of our associates, agents and licensors shall be liable for any direct, indirect, incidental, punitive, or consequential loss, damage or injury of any kind whatsoever.
Upon purchase of our products, you have legally agreed to hold harmless Eternale™, Inc., its owner, or anyone associated thereto, for any harm or injury as a result of using our products. Ingredients used in our products are listed on the label and/or on the packaging and in most cases on the website. Please make your choices with care. As with all bath, body and cosmetic products, test a small area of skin to ascertain if any allergic responses exist. Persons with sensitivities or allergies to product ingredients should refrain from using those products. Should you develop a rash or allergy from any of our products, discontinue use immediately. Please be informed that some products may contain Soy Amino-Peptides and Wheat Amino Peptides. In addition, our products may also be made with equipment that may come into contact with soy, wheat and possibly nuts and seeds. Those with the aforementioned sensitivities should avoid our products. Upon purchasing our products, you acknowledge your agreement with our policies and release us from liability should any mishaps, allergic reactions or injuries occur.
We are not doctors, and we do not dispense Medical Advice. We make absolutely no medical claims for any of our products. You are solely responsible for consulting a physician prior to use. In addition, the contents of this website are for informational purposes only. It is not intended to diagnose or substitute for professional medical advice, diagnosis or treatment. You acknowledge that the reliance on any such opinion, statement or information shall be at your sole risk.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF THE PURCHASE AND USE OF OUR PRODUCTS.

Indemnification
Member agrees to indemnify and hold Eternale™ Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of this website or products.

Governing Jurisdiction of the Courts
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 www.eternale.com, with all rights reserved, or is the property of Eternale™ Inc., and Eternale Dermagetix™, and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Eternale™, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Eternale™, Inc.

Eternale™, Inc., Eternale DermagetixTM, and www.eternale.com are proprietary marks of the owner of Eternale™, Inc. Eternale Dermagetix™. Our trademarks may not be used in connection with any product or service that is not provided by Eternale™, Inc., or Eternale Dermagetix™, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eternale™, Inc., or Eternale Dermagetix™.
All other trademarks displayed on this Eternale™, Inc., website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Eternale™, Inc.