Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of. The collective work includes works that are licensed to. Copyright 2003, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with or purchasing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or to purchase products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

All trademarks, service marks and trade names of users in the site are trademarks or registered trademarks of Fabskin247



Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent, permissible pursuant to applicable law disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a product is mistakenly listed at an incorrect price, reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. 's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless , its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, may link to sites operated by third parties. However, even if the third party is affiliated with, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).

TERMS AND CONDITIONS

THE INDEPENDENT AFFILIATE AGREES:

To promote and sell FabSkin247 with A-Cute Derm products to end users and not to sell products to professional accounts. * You may, however, display said products in a retail setting. I understand that FabSkin247.com ("Company") sponsors a complete satisfaction or money-back guarantee as to each FabSkin247.com product sold by me to a consumer. To provide each consumer with our 30-Day Guarantee and to promptly honor it upon request. To maintain the highest standards of integrity, ethics, honesty and responsibility in dealings with the Company, consumers and other Consultants. To present FabSkin247 products in a truthful and sincere manner and hold the Company harmless from damages resulting from misrepresentations by me. To protect the FabSkin247 and A-Cute Derm copyright and trade name by obtaining the Company's written permission prior to my use in any advertising (including but not limited to the Internet) or literature other than Company-published material. As an independent contractor, to assume sole liability for all self-employment (Social Security), income taxes, and other reports required by my activities as an Independent Consultant and to abide by all state and federal laws governing my FabSkin247.com business. I am not a partner or an investor of FabSkin247.com. Therefore, I have no rights or authority to assume any debt, obligation or liability on behalf of the Company. I understand that all FabSkin247 Consultants are independent contractors and are subject to this provision. Company may release my name, telephone number, and/or email address in response to a consumer’s request for a FabSkin247.com Consultant in my area. FabSkin247.com ("COMPANY") AGREES: To allow a discount from manufacturer suggested retail prices on products that FabSkin247.com represents. The discount shall not apply to samples, literature, sales or training materials. Commissions to be calculated and paid by the 25th of the following month the commissions were earned so long as the Consultant is active. A Consultant is deemed active as annual $75 consultant fee is paid Customer contact information in connection with purchases made shall remain the property of FabSkin247.com by A-Cute Derm. Company may change suggested retail prices, discounts, commissions, shipping fees, at any time. Company will give Consultant at least ten (10) days' prior written notice of: increases in suggested retail prices; and changes in discount and commission schedules. Written notice may be given by posting a notice on the Company Website(s). There are no exclusive territories concerning sales or recruiting. You may sell world-wide. Customer names and addresses to Company in connection with purchases made shall remain the property of FabSkin247.com. There will be no direct sales from Company to the Consultant's customer without a commission being paid to customer's Consultant, provided Consultant is a member of the FabSkin247.com sales organization at the time of the sale. Commissions will be charged back on customer returns. This Agreement is subject to acceptance by Company at its corporate headquarters in Stafford, Texas. This Agreement shall be governed by the laws of the State of Texas as to all matters. The parties further agree that if any dispute or controversy arises between them concerning any matter relating to this Agreement that any issues which either party may elect to submit for legal jurisdiction shall be submitted to the jurisdiction of the courts of the State of Texas and the parties agree that the proper venue shall be Stafford, Fort Bend County, Texas. This Agreement is not subject to alteration, modification or change, except in writing, signed by an authorized executive of the Company and shall not be deemed to be changed, modified or altered by reason of any advice, suggestions, guides or sales aids furnished by the Company to the Sales Consultant. This Agreement shall be effective from the date of acceptance until the annual renewal date for the consultant, for additional terms of one year each, provided that the Agreement may be terminated by either party effective immediately for any breach of its provisions or by either party at any time during the initial term or any renewal term by not less than thirty (30) days written notice. This is the sole and only Agreement between the parties relating to the subject matter hereof, and both parties acknowledge that the Independent Consultant is not an employee of Company and will not be treated as an employee with respect to this Agreement for federal, state or local tax purposes, or otherwise. A-Cute Derm branded products may not be sold on Internet Auction sites such as E-Bay, etc. *Professional Accounts: Any facility, firm, or individual whose position requires a license such as Pharmacist, Physician, Esthetician, Cosmetologist, etc.