Terms and Conditions
Autumn Moon Aesthetics provides the content and services available on the Site to you
subject to the following terms and conditions (“Terms and Conditions”). By accessing or
using the Site, you are acknowledging that you have read, understand, and agree, without
limitation or qualification, to be bound by these Terms and Conditions which include our
Privacy Policy.
1 . Purchase Related Policies
The products and services available on the Site, and any samples thereof we may provide to
you, are for personal use only. You may not sell or resell any of the products or services, or
samples thereof, you purchase or otherwise receive from us. We reserve the right, with or
without notice, to cancel or reduce the quantity of any orders that we believe, in our sole
discretion, may result in the violation of our Terms and Conditions.
2. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site;
however, to the extent permitted by applicable law, we do not warrant that the product
descriptions, colors or other content available on the Site are accurate, complete, reliable,
current, or error-free.
3. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button
icons, images, audio clips, data compilations and software, and the compilation thereof
(collectively, the “Content”) is the property of Autumn Moon Aesthetics, our affiliates, partners
or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the
“Trademarks”) are the registered and unregistered marks of Autumn Moon Aesthetics, our
affiliates, partners or licensors, in the United States and other countries, and are protected
by United States and international trademark laws.
4. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the
special warnings or instructions for access or use posted on the Site. You shall act always
in accordance with the law, custom and in good faith. You may not make any change or
alteration to the Site or any Content or services that may appear on this Site and may not
impair in any way the integrity or operation of the Site. Without limiting the generality of any
other provision of these Terms and Conditions, if you default negligently or willfully in any of
the obligations set forth in these Terms and Conditions (including our Privacy Policy), you
shall be liable for all the losses and damages that this may cause to Autumn Moon
Aesthetics, our affiliates, partners or licensors.
5. Your Account
You may choose to register at our Site. You are responsible for maintaining the
confidentiality of your account, username and password and for restricting access to your
computer. You agree to accept responsibility for all activities that occur under your account,
username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you
violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in
Autumn Moon Aesthetics best interests to do so.
6. Third Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites
linked to or from the Site, including, without limitation. Links appearing on the Site are for
convenience only and are not an endorsement by us, our affiliates or our partners of the
referenced content, product, service, or supplier. Your linking to or from any off-Web site
pages or other Web sites is at your own risk. We are in no way responsible for examining or
evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites
linked to or from the Site, nor do we assume any responsibility or liability for the actions,
content, products, or services of such pages and Web sites, including, without limitation,
their privacy policies and terms and conditions. You should carefully review the terms and
conditions and privacy policies of all off-Web site pages and other Web sites that you visit.
7. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with
regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or
other information you provide us (collectively, “Submissions”) will be treated as non-
proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or
posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual,
transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, sell, assign, translate, create derivative works from, distribute and display any
Submission in any form, media, or technology, whether now known or hereafter developed,
alone or as part of other works. You also acknowledge that your Submission may not be
returned and we may use your Submission, and any ideas, concepts or know how contained
therein, for any purpose including, without limitation, developing, manufacturing, distributing
and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the
rights to your Submission. You further represent and warrant that such Submission does not
constitute or contain software viruses, commercial solicitation, chain letters, mass mailings,
or any form of “spam.” You may not use a false email address, impersonate any person or
entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify
us for all claims arising from or in connection with any claims to any rights in any
Submission.
8. Representations and Warranties; Limitation of Liability
The site is presented "as is." we make no representations or warranties of any kind
whatsoever, express or implied, in connection with these terms and conditions or the site,
including but not limited to warranties of merchantability, non-infringement or fitness for a
particular purpose, except to the extent such representations and warranties are not legally
excludable.
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 (a)
interruption of business; (b) access delays or access interruptions to the site; (c) data non-
delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of
any sort incurred as a result of dealings with or the presence of off-web site links on the site;
(e) computer viruses, system failures or malfunctions which may occur in connection with
your use of the site, including during hyperlink to or from third party web sites (f) any
inaccuracies or omissions in content or (g) events beyond our reasonable control.
9. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs,
including reasonable attorneys' fees, resulting from any third party claim, action, or demand
resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or
costs, including reasonable attorneys' fees, resulting from your use of software robots,
spiders, crawlers, or similar data gathering and extraction tools, or any other action you take
that imposes an unreasonable burden or load on our infrastructure.
10. Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions
contemplated by these Terms and Conditions shall be governed by the laws of Michigan , as
if the Terms and Conditions were a contract wholly entered into and wholly performed within
Michigan . Any dispute relating in any way to your visit to the Site shall be submitted to
confidential arbitration in Michigan, except that, to the extent you have in any manner violated
or threatened to violate our intellectual property rights or the intellectual property rights of our
affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any
court and you consent to exclusive jurisdiction and venue in any such court.
11. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy
Policy , constitute the complete and exclusive agreement between us concerning your use of
the Site, and supersede and govern all prior proposals, agreements, or other
communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any
time by posting the changes on the Site. Any changes are effective immediately upon
posting to the Site. Your continued use of the Site constitutes your agreement to all such
terms and conditions. We may, with or without prior notice, terminate any of the rights
granted by these Terms and Conditions. You shall comply immediately with any termination
or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any
agency, partnership, or other form of joint enterprise between us. Our failure to require your
performance of any provision hereof shall not affect our full right to require such performance
at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or
held to be a waiver of the provision itself. In the event that any provision of these Terms and
Conditions shall be unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or invalidity shall not render
these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace
such provision with one that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent as reflected in the original provision.
© 2006 Autumn Moon Aesthetics, LLC.
Terms & Conditions