TERMS AND CONDITIONS
Last updated November 06, 2023
AGREEMENT TO OUR LEGAL TERMS
Please read this Terms of Service Agreement (“Agreement” and “Legal Terms”) carefully. This Agreement is a legal contract between you (“User”) and Chicscience Labs. (“Chicscience Labs”, “we” or “us”). The advice, and interactions presented on this website and in our products and services are solely for informational purposes.
By accessing or using www.ChicscienceLabs.com (“Website”), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS/ AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement/Legal Terms and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
Chicscience Labs reserves the right, in our sole discretion, to make changes or modifications to
these Agreement/Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Agreement/Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Agreement/Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Agreement/Legal Terms are posted. You should regularly review this Agreement/Legal Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.
1. USE OF THE SERVICES AND CHICSCIENCE LABS PROPERTIES. The Website, the Services, intellectual properties, and the information and content available on the Website and in the Services (as these terms are defined herein) (each, a “Chicscience LabsProperty” and collectively, the “Chicscience LabsProperties”) are protected by copyright laws throughout the world. We are the owner or the licensee of all intellectual property rights in our Services,including all source code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. Subject to the Agreement, Chicscience Labs grants you a limited license to reproduce portions of Chicscience Labs Properties for the sole purpose of using the Services for your personal or internal business purposes. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Unless otherwise specified by Chicscience Labs in a separate license, your right to use any and all Chicscience Labs Properties is subject to the Agreement. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
1.1 Updates: You understand that Chicscience Labs Properties are evolving. As a result, Chicscience Labs may require you to accept updates to Chicscience Labs Properties that you have installed on your computer or mobile device. You acknowledge and agree that Chicscience Labs may update Chicscience Labs Properties with or without notifying you. You may need to update third-party software from time to time in order to use Chicscience Labs Properties.
1.2 Certain Restrictions: The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Chicscience Labs Properties or any portion of Chicscience Labs Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Chicscience Labs Properties (including images, text, page layout or form) of Chicscience Labs; (c) you shall not use any metatags or other “hidden text” using Chicscience Labs’ name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Chicscience Labs Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Chicscience Labs Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Chicscience Labs Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Chicscience Labs Properties. Any future release, update or other addition to Chicscience Labs Properties shall be subject to the Agreement. Chicscience Labs, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Creation Skin Property terminates the licenses granted by Creation Skin pursuant to the Agreement.
2. Registration
2.1. Registering Your Account. In order to access certain features of Chicscience Labs Properties, you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Website (each such account, a “Third-Party Account”).
2.2 Access Through a social networking service (“SNS”): If you access the Chicscience Labs Properties through a SNS as part of the functionality of the Website and/or the Services, you may link your Account with Third-Party Accounts, by allowing Chicscience Labs to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Chicscience Labs and/or grant Chicscience Labs access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Chicscience Labs to pay any fees or making Chicscience Labs subject to any usage limitations imposed by such third-party service providers. By granting Chicscience Labs access to any Third-Party Accounts, you understand that Chicscience Labs may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Chicscience Labs Properties (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through Chicscience Labs Properties via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Chicscience Labs Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Chicscience Labs’ access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Chicscience Labs Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND CREATION SKIN DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Chicscience Labs makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Chicscience Labs is not responsible for any SNS Content.
2.3 Registration Data: In registering an account on the Website, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least eighteen (18) years old; of legal age to form a binding contract; and not a person barred from using Chicscience Labs Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene,or otherwise objectionable. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Chicscience Labs Properties by minors. You may not share your Account or password with anyone, and you agree to notify Chicscience Labs immediately of any unauthorized use of your password or any other breach of security; and exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Chicscience Labs and its agents has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Chicscience Labs has the right to suspend or terminate your Account and refuse any and all current or future use of Chicscience Labs Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Chicscience Labs reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Creation Skin Properties if you have been previously removed by Chicscience Labs, or if you have been previously banned from any of Chicscience Labs Properties
2.4 Your Account: Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Chicscience Labs.
2.5 Your Submissions and Contributions: Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate inblogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites. When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you: (a) confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; (b) to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; (c) warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the abovementioned rights in relation to your Submissions and/or Contributions; and (d) warrant and represent that your Submissions and/or Contributions do not constitute confidential information. You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c)applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
2.6 Guidelines for Contributions and Reviews: We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the product/service/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review
3.Purchasing Products, Sessions, and Consulting.
3.1.1 Products: We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Products and Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. Certain products available on our Website may be available exclusively online through the Website. These products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. Descriptions, images, references, features, content, specifications, products, prices, and availability of any products are subject to change without notice, and our current prices can be found on the Website. The inclusion of any products on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Website. By placing an order, you accept the products are for manufacturing of cosmetic and personal care formulations only, statements contained herein have not been evaluated by the Food and Drug Administration, these products are not intended to diagnose, treat and cure, or prevent disease and you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to honor, cancel or impose conditions or limitations on the honoring of, any coupon, coupon code, promotional code, referral credit or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product or service. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited.
3.1.2 Session, Consulting Disclaimer: Client acknowledges and understands that (a) Chicscience Labs and its consultants (“consultant(s)”) are free to render Services (“product”) to others and that they do not make its Services available exclusively to Client. (b) Consultant(s) does/do not offer legal advice. None of the Consulting Services provided by Consultant(s) should be considered legal advice or used as a substitute for legal advice. Client is advised to seek the counsel of an attorney for all legal matters. (c) While every effort will be made to provide accurate information with respect to compliance and regulatory matters, there is no guarantee that the opinions offered by Consultant(s) will be accepted as authoritative by the FDA or any other regulatory agency.
The Consultant(s) shall undertake to carry out the Service (“product”) with reasonable care and skill offering the best information possible at the time of consultation that is available to them. No liability shall be accepted by the Consultant(s) for any work carried out in connection with this or any other project and it shall be a condition of any contract that no such liability shall be accepted under any circumstances.
3.2 Order Acceptance: Each part of any order that you submit to Chicscience Labs constitutes an offer to purchase. If you do not receive a message from Chicscience Labs confirming receipt of your order, please contact our Customer Service department at info@ChicscienceLabs.com before re-entering your order. Chicscience Labs’ confirmation of receipt of your order does not constitute Chicscience Labs’ acceptance of your order. Chicscience Labs is only deemed to have accepted your order once the product(s) you ordered have been shipped (the “Product”).
3.3 Order Issues: Although we strive to accept all valid orders, Chicscience Labs reserves the right to deny any order for any reason, including if: (a) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (b) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (c) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
3.4 Order Cancellation: If any Product is discontinued or otherwise becomes unavailable, Chicscience Labs reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
3.5 Return Policy: Chicscience Labs cannot accept any returns of cosmetic ingredients once they have been shipped from our facility. If an error has been made that is the fault of Chicscience Labs, Chicscience Labs must be notified within 3 days of receiving the order.
3.6 Restrictions on Resale: To protect the intellectual property rights of Chicscience Labs and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. Chicscience Labs reserves the right to decline any order that we deem to possess characteristics of reselling.
4.Fees and Purchase Terms
4.1 You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order through the Services, you must provide valid payment information. By providing your payment information, you agree that Chicscience Labs is authorized to immediately invoice your Account for all fees and charges due and payable to Chicscience Labs hereunder and that no additional notice or consent is required. You agree to immediately notify Chicscience Labs of any change in your billing address, debit card, credit card, or other relevant payment account information. Chicscience Labs uses Stripe Payments (“Stripe”) and/or Afterpay. (“Afterpay”) as a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Services, you hereby consent and authorize Chicscience Labs and Stripe and/or Afterpay to share any information and payment instructions you provide to complete your transactions. You agree to immediately notify Chicscience Labs of any change in your payment information by sending an e-mail to info@ChicscienceLabs.com. Chicscience Labs reserves the right at any time to change its prices and billing methods. Please contact info@ChicscienceLabs.com regarding any billing disputes.
4.2 Service Subscription Fees: You will be responsible for payment of the applicable fee for any subscription we may offer through the Services (each, a “Service Subscription Fee”) at the time you create your Account and subscribe to the Subscription (each, a “Service Commencement Date”). Except as set forth in any separate refund policy posted on the Services, all fees are non-refundable. No contract will exist between you and Company for the Services until Chicscience Labs accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
4.3 The payments required under Section 4 of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Chicscience Labs determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Chicscience Labs shall collect such Sales Tax in addition to the payments required under Section 4 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Chicscience Labs, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Chicscience Labs for any liability or expense Chicscience Labs may incur in connection with such Sales Taxes. Upon Chicscience Labs’ request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
4.5 Discounts and Promo Codes: We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Chicscience Labs communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
4.6 Free Trials and Other Promotions: Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Chicscience Labs to have the charges reversed.
5.OWNERSHIP
5.1 Chicscience Labs Properties: You agree that Chicscience Labs and its suppliers own all rights, title and interest in Chicscience Labs Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Chicscience Labs Properties.
5.2 Trademarks: and all related graphics, logos, service marks and trade names used on or in connection with any Chicscience Labs Properties or in connection with the Services are the trademarks of Chicscience Labs and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Chicscience Labs Properties are the property of their respective owners.
5.3 Other Content: You agree that you have no right, title, or interest in or to any Content that appears on or in Chicscience Labs Properties.
5.4 Feedback: You agree that submission of any ideas, suggestions, documents, and/or proposals to Chicscience Labs through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Chicscience Labs has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Chicscience Labs a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Chicscience Labs Properties and/or Chicscience Labs’ business.
6.THIRD-PARTY WEBSITES AND CONTENT: Chicscience Labs Properties may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not warn you that you have left Chicscience Labs Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Ads are not under the control of Chicscience Labs. Chicscience Labs is not responsible for any Third-Party Websites or Third-Party Ads. Chicscience Labs provides these Third-Party Websites and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7.SOCIAL MEDIA: As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third- Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (a) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (b) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
8.PROHIBITED ACTIVITIES: You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
9.SERVICES MANAGEMENT: We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
10.PRIVACY POLICY: We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
11.INDEMNIFICATION: You agree to indemnify and hold Chicscience Labs, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Chicscience LabsParty” and collectively, the “Chicscience LabsParties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Chicscience Labs Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Chicscience Labs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Chicscience Labs in asserting any available defenses. This provision does not require you to indemnify any of the Chicscience Labs Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Creation Skin Properties.
12. DISCLAIMER OF WARRANTIES
12.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CHICSCIENCE LABS PROPERTIES IS AT YOUR SOLE RISK, AND CHICSCIENCE LABS PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CREATION SKIN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. This Section 8 does not affect in any way our return policy for goods purchased on the Website. If for any reason you are not satisfied with a purchase you make on the Website, please return it in accordance with the terms of our return policy, as described in Section 3.5.
A.CHICSCIENCE LABS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) CHICSCIENCE LABS PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF CREATION SKIN PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF CHICSCIENCE LABS PROPERTIES WILL BE ACCURATE OR RELIABLE.
B. ANY CONTENT ACCESSED THROUGH CHICSCIENCE LABS PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS CHICSCIENCE LABS PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
C. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. CHICSCIENCE LABS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHICSCIENCE LABS OR THROUGH CHICSCIENCE LABS PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you, and you might have additional rights.
12.2 No Liability for Content: THE SERVICE CONTAINS OPINIONS AND VIEWS OF CHICSCIENCE LABS. CHICSCIENCE LABS DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY CREATION SKIN THAT ARE MADE AVAILABLE THROUGH THE SERVICES.
12.3 No Liability for Conduct of Third Parties or Products: YOU ACKNOWLEDGE AND AGREE THAT CREATION SKIN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CREATION SKIN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
12.4 Professional Advice Disclaimer:
- THE CONTENT AND INFORMATION LOCATED ON THE CHICSCIENCE LABS PROPERTIES ARE DESIGNED FOR EDUCATIONAL AND INFORMATIONAL, PURPOSES ONLY AND IS NOT CONSTRUED TO BE ADVICE OF ANY KIND. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE CREATION SKIN PROPERTIES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.
- IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE CHICSCIENCE LABS PROPERTIES. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE CREATION SKIN PROPERTIES IS SOLELY AT YOUR OWN RISK.
- NOTHING STATED OR POSTED ON THE CHICSCIENCE LABS PROPERTIES OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
- THE CHICSCIENCE LABS PROPERTIES ARE CONTINUALLY UNDER DEVELOPMENT AND CHICSCIENCE LABS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
13.LIMITATION OF LIABILITY
13.1 Disclaimer of Certain Damages: YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CHICSCIENCE LABS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Cap on Liability: IF YOU HAVE PURCHASED ANY PRODUCTS FROM CHICSCIENCE LABS THROUGH THE SERVICES, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE CHICSCIENCE LABS INDEMNITIES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO CHICSCIENCE LABS BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES. IF YOU HAVE NOT PURCHASED ANY PRODUCTS FROM CHICSCIENCE LABS THROUGH THE SERVICES, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE CHICSCIENCE LABS INDEMNITIES ARE LIABLE TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
13.3 Basis of the Bargain: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHICSCIENCE LABS AND YOU.
13.4 Exclusions: The laws of some states do not allow for the exclusion or limitation of certain damages. If these laws not apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you and you might have other rights.
14.Remedies
14.1 Violations: If Chicscience Labs becomes aware of any possible violations by you of the Agreement, Chicscience Labs reserves the right to investigate such violations. If, as a result of the investigation, Chicscience Labs believes that criminal activity has occurred, Chicscience Labs reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Chicscience Labs is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Chicscience Labs Properties, including Your Content, in Chicscience Labs possession in connection with your use of Chicscience Labs Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Chicscience Labs, its Users or the public, and all enforcement or other government officials, as Chicscience Labs in its sole discretion believes to be necessary or appropriate.
14.2 Breach: In the event that Chicscience Labs determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for Chicscience Labs Properties, Chicscience Labs reserves the right to: (a) Warn you via e-mail (to any e-mail address you have provided to Chicscience Labs) that you have violated the Agreement; (b) Delete any of Your Content provided by you or your agent(s) to Chicscience Labs Properties; (c) Discontinue your registration(s) with any of Chicscience Labs Properties, including any Services or any Chicscience Labs community; (d) Discontinue your subscription to any Services; (e) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) Pursue any other action which Chicscience Labs deems to be appropriate.
15.TERM AND TERMINATION
15.1 Term: The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Chicscience Labs Properties, unless terminated earlier in accordance with the Agreement.
15.2 Prior Use: Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Chicscience Labs Properties or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Chicscience Labs Properties, unless earlier terminated in accordance with the Agreement.
15.3 These Agreement/Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOURACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16.International Users: The Services are controlled and offered by Chicscience Labs from its facilities in the United States of America. Chicscience Labs makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
17.GENERAL PROVISIONS
17.1 Electronic Communications: The communications between you and Chicscience Labs may take place via electronic means, whether you visit Chicscience Labs Properties or send Chicscience Labs e-mails, or whether Chicscience Labs posts notices on Chicscience Labs Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Chicscience Labs in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Chicscience Labs provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
17.2 Indemnification and Release: You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services and Products with whom you connected via the Services and Products. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. You hereby release Chicscience Labs Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Chicscience Labs Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Chicscience Labs Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Chicscience Labs Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
17.3 Assignment: The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Chicscience Labs’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
17.4 Force Majeure: Chicscience Labs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17.5 Modifications and Disruptions: We reserve the right to change, modify, or remove the contents of the Products and/or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Products and/or Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Products and/or Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Agreement/Legal Terms will be construed to obligate us to maintain and support the Products and/or Services or to supply any corrections, updates, or releases in connection therewith.
17.6 Governing Law: This Agreement/Legal Terms and any action related thereto shall be governed and interpreted by and under the laws of the State of Georgia, without regard to conflicts of law provisions. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Chicscience Labs agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Atlanta, Georgia.
17.7 Questions, Complaints, Claims: If you have any questions, complaints or claims with respect to Chicscience Labs Properties, please contact us at: Chicscience Labs, 541 10th St NW #122, Atlanta, GA 30318. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
17.8 Where Chicscience Labs requires that you provide an e-mail address, you are responsible for providing Chicscience Labs with your most current e-mail address. In the event that the last e-mail address you provided to Chicscience Labs is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Chicscience Labs’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Chicscience Labs to the address above. Such notice shall be deemed given when received by Chicscience Labs by letter delivered by nationally recognized.
17.9 Waiver: No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Chicscience Labs. Chicscience Labs’ failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
17.10 Severability: If any provision of this Agreement/Legal Terms is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement/Legal shall not render invalid the remainder of this Agreement.
17.11 Export Control: You may not use, export, import, or transfer Chicscience Labs Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Chicscience Labs Properties, and any other applicable laws. In particular, but without limitation, Chicscience Labs Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Chicscience Labs Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Chicscience Labs Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Chicscience Labs are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Chicscience Labs products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
17.12 User Data: We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
17.13 California Users and Residents: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
17.14 Entire Agreement: This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Chicscience Labs, which are not included in this Agreement, shall be binding on Chicscience Labs or its affiliates.