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Website Terms and Conditions of Use Agreement

This following sets forth the Website Terms and Conditions of Use Agreement between you and CosmeticPerks, LLC a Delaware limited liability company and its affiliates, employees, agents, directors, officers, and shareholders (hereinafter "Us", "Our" and "We"). This site, its contents and all associated marks, trademarks and intellectual property are owned by Us.

Terms and Conditions

Please read this agreement entirely and carefully before accessing this website. By accessing the site, you agree to be bound by the website terms and conditions of use as set forth below and in the "Website Privacy Policy". We reserve the right in Our sole discretion to modify the Website Terms and Conditions of Use and Website Privacy Policy or any portion of the website at any time and for any reason without notice or liability. Your continued use of the website after any such modifications shall constitute your agreement to be bound by any such changes. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT ACKNOWLEDGE RECEIPT OF OUR PRIVACY POLICY, YOU MAY NOT USE THIS SITE.

Minors

This website is not intended for the use of minors. You must be at least 18 years old to access the website or to use any of Our products or services through the site. By using the website, you represent that you are at least 18 years old and are otherwise authorized to access the website.

Disclaimer

CosmeticPerks is an online information and communication service that We provide to the public, members and providers to access account information and for informational and educational purposes only. The information provided should in no way be taken to be the provision or practice of medicine, or the provision of any medical, nursing or health care diagnosis, advice or services. We have used reliable sources to provide broad consumer understanding and knowledge of health-related topics. You should not rely on the information provided and the information should not be considered complete, accurate or a substitute for a call, visit, consultation or advice from your physician or other health care providers, as necessary. If you have specific health-related questions, you should call your physician or other health care provider. If you have a health problem, or think you may, you should consult your own physician. Do not depend or rely on the information presented on this website, as each individual case is different.

In accessing this website, you assume all responsibility and risk of harm or loss. While We take reasonable measures to protect Our website and your Personal Information, we cannot guarantee absolute security of your Personal Information, the accuracy or completeness of information that you may access on this website or that files available for downloading will be free of contaminating or destructive properties. Users are responsible for implementing sufficient procedures to protect themselves, their Personal Information and their own computer systems.

THIS WEBSITE AND ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN ADDITION, WE DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT ANY INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED.

Limitation of liability

YOU AGREE THAT USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, EQUITY OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH OUR HANDLING OF YOUR PERSONAL INFORMATION, YOUR RELIANCE ON INFORMATION PROVIDED BY THE WEBSITE, THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE OR THE INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS AVAILABLE FROM OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, INACCURACY, INOPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION (AS THAT TERM IS DEFINED IN THE PRIVACY POLICY). YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THIS SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

Upon Our request, you agree to defend, indemnify and hold Us (and our affiliates, employees, contractors, officers, directors, shareholders, agents, co-branders, vendors, and content providers) harmless from any dispute, loss, claim, damages or expense (including actual attorneys' fees and court costs) which may arise from or relate to your breach of any of the terms and conditions of this Agreement or which may arise from or relate to any information, software, files, messages or other content entered into or placed on our website by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Governing Law

This Agreement and any disputes arising out of or related to the website shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, without regard to its internal choice of law rules.

Third party websites

Links to other websites are provided as a service to you. However, you acknowledge that other sites are neither managed nor controlled by Us and you agree that neither Us nor Our employees, agents or contractors, review, control or take responsibility for the content of these sites. You should assume that any link on Our website is linked to a third-party website that is not owned or controlled by Us and we do not endorse, screen or control the information provided by third-party websites and We are not responsible for any third-party website content, your use of any third-party website or your reliance upon any information provided by any third-party website.

Online conduct

You agree not to use Our website for any purpose that is unlawful or prohibited by this agreement. We reserve the right to deny access to any part of this website or Our services at any time and without notice at our sole discretion. You are solely and personally responsible for the material that you input, provide or send into or through the website.

We rely on the information provided by you in order to supply you with the most appropriate information and services. Therefore, the information you provide to Us must be accurate, current and complete. You shall promptly provide any updates or corrections necessary to keep such information accurate, current and complete at all times. If you do not provide accurate, current and complete information, the services We provide to you may not be effective and We will not be liable or responsible for any failure of Our Services or any incidental or consequential damages under any theory that you may suffer as the result of your providing us with inaccurate, incomplete or obsolete information.

You may not impersonate another person or entity, and you may not use this website to harass or stalk another user. You agree that you will not use this website to disperse chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind. Also, you agree that you will not use this website in any way that is inconsistent with any applicable law or regulation. If We become aware of any violation of these conditions, We reserve the right to terminate your access to this site without further notice or warning.

Intellectual Property

All intellectual property including without limitation all logos, marks, content, documents, forms, images, illustrations and videos, whether or not trademarked or copyrighted material contained within these pages is solely Our property. Any reproduction or redistribution of this material is prohibited without Our express written consent. Any reproduction of any content including illustrations or photographs appearing on these pages is strictly prohibited without Our prior written consent.

Privacy policy

We are dedicated to protecting privacy of Our website users. Please refer to Our Website Privacy Policy for further detail.

Not An Insurance Product

We do not offer, provide, sell or endorse any indemnity or insurance products or services. Your use of the website and entry of your Personal Information may solely entitle you to discounted rates on services provided by third-parties. We are not responsible, however, for the total charges or balance billing you may incur for services beyond provision of the agreed upon discount. The information provided within Our website does not represent a guarantee of coverage or specific payment. All discount plans offered through Our website are subject to the terms, conditions and limitations of the specific plan including exclusions and limitations as provided by the discount plan. For further information on our products please contact us at 888-880-0220 or by email at info@cosmeticperks.com.

No Responsibility for Services Provided

Our only obligation to you is to secure the discounted rate for services as expressly provided by our discount plans. We do not provide, refer or endorse any medical care, diagnosis or treatment and We are not responsible for any medical, clinical or healthcare service or procedure that you may receive. We do not qualify, credential, refer to, recommend or endorse any physician or provider nor do We guarantee any particular outcome or benefit from any service that you may choose to receive. We are not a party to any physician/provider relationship that you have, or may have, with any physician or provider that you may identify, choose or select to provide any service or procedure for which we may offer a discount. It is your physician/provider’s responsibility to provide and your responsibility to give informed consent for any and all services or procedures that you may receive. We are not responsible for the acts or omissions of any physician or provider and Our relationship, if any, with any physician or provider is purely that of independent contractor, not employer/employee. Your physician or provider shall solely be responsible for your care and treatment and shall always and at all times have the sole right to direct and control the means, manner and method by which the services and procedures are provided.

Your Acknowledgment and Agreement

We may update, amend or revise this Use Agreement at any time and for any reason without notice and each and every time you access this website you acknowledge and agree to the terms and conditions of this Use Agreement as updated, amended or revised. If you have questions regarding this Use Agreement or other general questions, please contact us at (888) 880-0220 or by email at info@cosmeticperks.com.