2. PRODUCT INFORMATION
All prices displayed on the Site are quoted in U.S. Dollars. If any minor uses any goods or products from FREE AGENT, it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FREE AGENT.
All material and information presented by FREE AGENT is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty skincare and beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.
Certain FREE AGENT products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy https://freeagentskincare.com/pages/return-exchange-policy.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. All features, content, specifications, products, colors and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that those products or services will be available at any time. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Site by any visitor or customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or products is inaccurate at any time without prior notice (including after you have submitted your order).
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
4. MODIFICATIONS TO PRODUCTS AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Eligibility, Use Rights, Availability, Restrictions and Site Content.
- Eligibility. BY USING THE SITE, YOU REPRESENT AND WARRANT TO US YOU ARE AT LEAST THIRTEEN YEARS OLD.
- Use Rights. Our Site is available to you free of charge. Accordingly, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use our Site as expressly permitted by these Terms and Use. Except for this limited license, we do not grant you any other rights or license. We reserve all rights not expressly granted herein. You or we may suspend or terminate your use of our Site at any time, for any reason or for no reason.
- Restrictions. You shall not: reproduce, duplicate, copy, sell, re-sell, or otherwise commercialize any part of the Site; access without authority, interfere with, damage, or disrupt any part of our Site or software or equipment or network on which the Site is stored; attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to our site; use the Site in any way that breaches any law or regulation; use the Site in any way that is unlawful or fraudulent, or has any unlawful, fraudulent, or intentionally misleading purpose or effect; transmit or cause the transmission of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; transmit material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; transmit data, send, introduce, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware, corrupted files, or any other harmful programs or similar computer code designed to adversely impact the operation of any computer software or hardware; attack our site via a denial-of-service attack or a distributed denial-of service attack; or use language that is hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or is otherwise objectionable.
- Site Content. Our Site and all marks, logos, buttons icons, images, pictures, graphics, content used in connection with the Site (collectively referred to as “Site Content”) are protected under U.S. intellectual property laws, and are exclusively owned and controlled by us. YOU ARE PROHIBITED FROM USING, MODIFYING, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING SITE CONTENT WITHOUT OUR EXPRESS WRITTEN PERMISSION.
7. Your Responsibilities
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which FREE AGENT controls and operates the Site and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
8. PROHIBITED USES
Except where expressly provided otherwise by FREE AGENT, all information submitted to FREE AGENT through, in association with or in regard to the Site or any other FREE AGENT products or services ("Submissions") shall be considered non-confidential and FREE AGENT’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method FREE AGENT sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to FREE AGENT, you agree to assign to FREE AGENT, as consideration in exchange for the use of the Site, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant FREE AGENT these rights. FREE AGENT shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge you are responsible for the Submissions you provide, and that you, not FREE AGENT, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site, which may be posted from time to time. Your continued use of the Site after any such changes and/or postings shall constitute your consent to such changes.
11. NOTICES AND DMCA
FREE AGENT may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in FREE AGENT’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in FREE AGENT’s account information. You may give notice to FREE AGENT at any time by letter sent by letter delivered by registered mail with return receipt to: 9815 Carmenita Rd. Suite H Whittier, CA. 90605, email@example.com. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, FREE AGENT complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to FREE AGENT’s designated agent via email at firstname.lastname@example.org or via registered US mail sent return receipt to: DMCA Compliance Agent, 9815 Carmenita Rd. Suite H Whittier, CA. 90605.
12. Third-Party Websites and Links
Links to Third-Party Websites. Our Site incorporates links to third party websites for your information only. Some third party websites may collect data or solicit personal information from you. We neither own nor control such third party websites and are not responsible for their content or actions (“Third-Party Websites”). Please read all applicable terms, conditions, and privacy policies of any Third-Party Website that may be linked to our Site. Your access and use of any Third-Party Website is at your own risk.
Links by Other Websites. You may link to the Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must also ensure that any link to the Site is up to date and functional. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
We collect and use information about you and your use of the Site. Please review our https://freeagentskincare.com/policies/privacy-policy for more information.
14. Disclaimer of Warranties
15. Limitation of Liability
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR SOLE RISK.
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FREE AGENT EXCEED $1,000.00. IN NO EVENT SHALL FREE AGENT OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH, OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
17. Applicable Law
18. Dispute Resolution
We will work in good faith to resolve any issue you have with the Site working in accordance with the stated specifications we provide, if you bring that issue to the attention of our customer service department. However, we realize there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
20. Assignment and Delegation
Delegations. We may delegate our performance under this agreement freely. You may not delegate any performance under this agreement.
Effect of Purported Assignment or Delegation. Any purported assignment of rights or delegation of performance in violation of this section is void.
22. Relationship of the Parties
Free Agent Skincare
9815 Carmenita Rd. Suite H Whittier, CA. 90605
Last Revised: October 24, 2019.
Copyright © 2019 FREE AGENT, LLC. All rights reserved.