Web Site Terms of Use

I.    INTRODUCTION
Welcome to the LSCskincare.com official Web site.   LSC provides its services to registered users  (“User”) subject to the following conditions, which you agree to accept and abide and be bound by if you visit and/or shop at this  Web site.  Please read these conditions carefully.  

II.    CONTENT
A.  Proprietary Rights In Content. 

All content used and/or included on this Web site, such as text, graphics, logos, button icons, images, video, animation, audio clips, digital downloads, data compilations, and software, and the compilation of all such content, is protected by United States and international copyright laws, and is the exclusive property of LSC, its content suppliers and/or software suppliers. User acknowledges that this Web site contains or may contain information, data, software, photographs, graphics, artwork, video, animation, typefaces, sounds, and/or other material (collectively "Content") that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies now existing and/or hereafter developed.  LSC owns copyright rights in the selection, coordination, arrangement, and enhancement of such Content which is copyrighted as a collective work under the U.S. copyright laws. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.  If no specific restrictions are displayed, User may make limited copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains and includes in such copies any notices contained in the Content, such as copyright notices, trademark legends, or other proprietary rights notices.  Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, User may not download, upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of LSC or the owner of the copyright or other proprietary right.  In addition to the foregoing, use of any software Content shall be governed by any software license agreement relating thereto and/or accompanying such software.

B.  THIRD PARTY CONTENT
To the extent the LSC Web site includes Content supplied by one or more third parties, LSC has no editorial control over such Content;  any opinions, advice, statements, services, offers, or other information that constitutes part of such content expressed or made available by third parties, are those of the respective authors or distributors and not of LSC or its subsidiaries and/or affiliates or any of their officers, directors, employees, or agents.  LSC neither endorses nor is responsible for the accuracy or reliability of such third party Content.  LSC has the right, but not the obligation, to monitor the Content on the LSC Web site, including User-supplied Content, and to edit, modify or remove any such Content in its sole discretion.  

C.  CLAIM OF COPYRIGHT INFRINGEMENT

In the event that LSC determines that User has uploaded or posted Content protected by the copyright rights of any third party, LSC shall remove the Content from the LSC Web site and notify User of the same.  In the event that User uploads or posts Content protected by the copyright rights of any third party after receipt of such notification, this agreement shall be automatically terminated and User’s access to the LSC Web site shall be thereafter denied.  Upon notice to LSC by a third party that any Content provided by User and contained on the LSC Web site infringes upon the copyright rights of such third party, LSC shall promptly remove or disable access to the offending material and notify User of the same.  In the event that User disputes such third party’s claim that such material infringes its copyright rights, and requests that LSC re-establish the accessibility of the Content on the LSC Web site, LSC shall notify the third party copyright claimant and replace the allegedly offending material on the LSC Web site unless it is notified that a legal action regarding such material has been filed by the third-party copyright claimant.  In the event that any User or third party claims that its copyrighted material has been improperly posted or displayed on the LSC Web site, such person may email the following copyright agent at LSC: LSC Legal Department, PO Box 7469, Tahoe City, California 96145, +1 650-373-0450 (phone), +1 650-373-0455 (fax), legal@lsc-inc.com.  In notifying LSC’s copyright agent, such User or third party shall supply all of the following information to the agent:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LSC to locate the material;
4. Information reasonably sufficient to permit LSC to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

III.    LICENSE AND WEB SITE ACCESS; USER CONDUCT
LSC grants User a limited license to access and make personal use of the LSC Web  site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of LSC. This license does not include, and User expressly agrees that it will at all times refrain from any and all of the following activities in connection with the LSC Web site: (i) uploading or otherwise distributing third party Content on the Web site;   (ii) conducting any resale or commercial use of the LSC  Web site or its Contents, except as expressly contemplated herein; (iii) collecting and using any product listings, descriptions, or prices except as expressly contemplated herein; (iv)  making any derivative use of the LSC Web site or its Contents; (v) downloading or copying account information for the benefit of another merchant; (vi) disclosing  any password-protected Content to any person who has not obtained a separate password; (vii) using data mining, robots, spiders, or similar data gathering and extraction tools; (viii) interfering with or disrupting computer networks connected to the Web site; (ix) supplying knowingly false and/or inaccurate information to LSC regarding your account; (x) uploading or posting any Content for which the User does not have the license or right to do so, including but not limited to any Content protected or owned by a third party, or which infringes on the copyright, trademark, patent, rights of publicity or privacy of any third party; (xi) uploading or posting any unauthorized advertising, solicitations, offers for sale or any other content whose purpose is to use the LSC Web site for User’s personal commercial activities; (xii) uploading or posting any material or information that contains a computer virus; (xiii) using the Web site in such a manner as to gain unauthorized access to the computer systems or information of other Users; (xiv) uploading or posting any material or information that is unlawful, threatening, harassing, defamatory, vulgar, obscene or otherwise objectionable; (xv) reproducing, copying, modifying, selling or distributing for any commercial purpose any portion of the Web site, its design, layout, user interface, trade dress or any of the contents therein; (xvi) using any frame or framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LSC and/or its subsidiaries and/or using any meta tags or any other “hidden text” utilizing LSC’s name, trademarks and/or service marks, without the express written consent of LSC.  Any rights not expressly granted to User herein are reserved by LSC.  All Content on the LSC Web site is and shall continue to be owned exclusively by LSC or others, and is protected by patent, copyright, trademark, trade dress or other proprietary rights.  Under no circumstances shall User acquire any ownership or other rights in the content by or through use of the LSC Web site.  LSC reserves the right to change or modify the Content of the Web site at any time and for any reason.

IV.    TERMINATION OF USE
LSC may terminate or suspend User’s access to all or part of the LSC Web site without notice, for any conduct that LSC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party provider, a service provider, or LSC.  Any unauthorized use of the LSC Web site shall automatically terminate the permission or license granted herein by LSC, whether or not LSC is aware of such use.  

V.    DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
User expressly agrees that use of the LSC Web site is at User’s sole risk.  Neither LSC nor its subsidiaries and/or affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants/manufacturers, sponsors, licensors, licensees, sucessors and assings (collectively, “Providers”), or the like, warrant that the LSC Web site will be timely, secure, uninterrupted or error-free, or that defects will be corrected; nor do they make any warranty as to the results that may be obtained from the use of the LSC Web site, or as to the accuracy, reliability, or currency of any information Content, service, or merchandise provided through the LSC Web site.
The LSC Web site and all information provided thereon is provided by LSC or other Providers on an “as is” and “as available” basis.  LSC makes no representations or warranties of any kind, express or implied, as to the operation of the LSC Web site or the information, Content, materials, or products included on this site.  

To the extent permissible by applicable law, LSC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  LSC does not warrant that the LSC Web site, its servers, or e-mail sent from LSC are free of viruses or other harmful components.  In no event shall LSC or any other Provider  be liable to User(s) for any damages of any kind arising from the use of, or inability to use, the LSC Web site, from User’s reliance on any information or Content contained on the Web site, from any errors or inaccuracies in information provided on the Web site, from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to LSC’ records, programs, or services, and including but not limited to direct, indirect, incidental, punitive, special, and consequential damages, or for any claim of lost profits, lost data or any “down-time” of User’s computer or computer network, and arising out of any legal theory, whether or not LSC has been advised in advance of the possibility of such damages. No oral advice or written information given by LSC or its subsidiaries and/or affiliates, or any of its or their officers, directors, employees, agents, providers or the like shall create a warranty, nor shall User rely upon any such information or advice.  User’s sole remedy in connection with this agreement is to cease use of the LSC Web site. In no event will LSC’s total liability to a User for all damages, losses and causes of action (whether in contract or tort, including  without limitation negligence) arising from this agreement of your use of the LSC Web site exceed $100 in the aggregate.

To the extent that certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

VI. LINKS TO THIRD PARTY WEBSITES
In the event that the LSC Web site includes links to third-party web sites, User understands and agrees that selecting any such links shall cause User to leave the LSC Web site.  Any such linked web sites are not under LSC’s control, and LSC makes no representation of any kind in connection with any such third-party web site, its contents, its operation, or any other matter related to any such third-party web site.  Such links are provided as a matter of convenience only and do not constitute an endorsement or promotion of any such third-party web site.

VII. MODIFCATIONS TO THE WEB SITE

LSC reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the LSC Web site, including but not limited to Content, features or hours of availability.  LSC may impose limits of certain features of the Web Site or restrict User’s access to all or part of the Web site without notice or penalty.

VIII. PASSWORD

User is solely responsible for protecting the confidentiality of its password and may not disclose its password to any other person.  In the event that an unauthorized person gains access to a password-protected area of the LSC Web site as a result of User’s act or omission, User agrees that it will be liable for any such unauthorized use.

IX. PRIVACY

For an explanation of LSC’s privacy practices, please see LSC’s Privacy Policy.

X.    INDEMNIFICATION
User agrees to indemnify, defend and hold harmless LSC, its subsidiaries and/or affiliates, and their officers, directors, or employees, agents, third-party content providers, merchants/manufacturers, sponsors, licensors, licensees, successors and assigns from and against any and all claims, damages, losses, liabilities costs and expenses (including reasonable attorney fees) arising out of or related to (i) User’s use of the LSC Web site, (ii) User’s breach or violation of the Terms of Use, (iii) User’s dispute with another user, or (iv) the unauthorized access to any password-protected area of the LSC Web site using User’s password.  LSC reserves the right, at its own expense, to assume exclusive control and defense of any matter subject to indemnification by User, and User will not settle or otherwise dispose of any matter without LSC’s prior written consent.

XI.    APPLICABLE LAW
By visiting the LSC Web site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and LSC or its affiliates in connection with your use of the LSC Web site.

XII.    DISPUTES
Any dispute arising out of, connected to or in any way relating to your visit to or use of the LSC Web site or to products you purchase through LSC (whether or not purchased through the LSC Web site) shall be submitted to binding, confidential arbitration in San Mateo, California, except that, to the extent you have acted or failed to act in any manner requiring injunctive relief, or violated or threatened to violate LSC’s intellectual property rights, LSC  may seek injunctive or other appropriate relief in any state or federal court its sole discretion, and you consent to exclusive jurisdiction and venue in such courts and/or in California-based arbitration.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (“AAA”) before a single arbitrator chosen by the AAA in accordance with its then prevailing arbitrator-selection process.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction to the fullest extent permitted by applicable law.  No arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

XIII.    SITE POLICIES AND MODIFICATIONS
LSC may, from time to time, post other policies on the LSC Web site which policies also govern your visit to such Web site. LSC reserves the right to make changes to its Web site, policies, and these Conditions of Use at any time.

XIV.    MISCELLANEOUS
The provisions of these Terms of Use are intended to be severable.  If, for any reason, any of these conditions shall be deemed invalid, void, or unenforceable in whole or in part, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.  This agreement sets forth the entire agreement between the parties in connection with the subject matter hereof, and supersedes all prior understandings, agreements (whether oral or written), representations, courses of dealing or industry customs.  This agreement may be terminated by either party at any time and for any reason.  In the event this agreement is terminated, User agrees to cease any and all use thereof.  No failure or delay by LSC to exercise any right or remedy hereunder upon any breach or default by User shall constitute a waiver by LSC of such right or remedy, or of User’s breach or default.  User and LSC are independent contractors, and no agency, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is, or is intended to be, created by entering into this agreement. Except as explicitly stated otherwise, any notices will be given to LSC by email at legal@lsc-inc.com or to User at the email address User provided to LSC.  Notice will be deemed given 24 hours after the email is sent unless the sending party is notified that the email address is invalid.  User agrees that any cause of action arising out of or related to the LSC Web site of the Conditions of Use must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.  All provisions regarding representations and warranties, indemnification, disclaimers and limitation of liability will survive the termination of the Conditions of Use.