Thank you for visiting janmarini.com. Janmarini.com is owned by Jan Marini Skin Research, Inc.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
License to Use Site
Jan Marini Skin Research, Inc grants you a personal, limited, non-exclusive and revocable license to access and make personal use of this site. However, you acknowledge that all the features on this site, including without limitation the design, graphics, text, sounds, pictures, software, scripts and other files are the property of Jan Marini Skin Research, Inc. and/or its licensors, and are protected by United States and international copyright, trademark and other intellectual property laws. All ownership rights are reserved to Jan Marini Skin Research, Inc. and/or its licensors. You may access these materials only for your personal, non-commercial use. You may not download from (other than page caching) or modify the site, except with express written consent of Jan Marini Skin Research, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Jan Marini Skin Research, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jan Marini Skin Research, Inc and our affiliates without express written consent. You may not use any meta tags, meta names or any other "hidden text" utilizing Jan Marini Skin Research, Inc's name or trademarks without the express written consent of Jan Marini Skin Research, Inc. This site is not intended for use by anyone under the age of 13 or the age of legal majority in your state, if different. If you are under 13, this site may only be used through your parent or guardian. Any unauthorized use terminates the permission or license granted by Jan Marini Skin Research, Inc.
In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
This site is intended for retail sales to end user customers. The products and services on this site are intended for personal, non-commercial purposes only. We do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site. You may not purchase any item from this site for resale by you or any other person.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept Visa, Mastercard and American Express credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described on this site.
Changes in Products and Pricing
We periodically update and revise our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, that information may not be current and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, errors in advertisements and other extenuating circumstances. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have 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 cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
Limited Product Warranty and Return Policy
We guarantee product quality and will replace any defective product purchased through this site by end consumers, provided the product has not expired and has been used as directed. We will not guarantee or replace expired product or product purchased through unauthorized, illegitimate, or unverifiable channels.
Conduct on Site
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your registration without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. A physical or electronic signature of a 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;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
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, 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 infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
James R. Hawley
Jan Marini Skin Research, Inc.
5883 Rue Ferrari
San Jose, CA 95138
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This site is not designed or intended to be used as a data storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us liable for any damage to, any deletion of or any failure to store your files, data or Registration Data.
Account Information and Password
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Although this site may be accessible worldwide for informational purposes, we do not offer goods or services to individuals outside the U.S. over this website, nor does Jan Marini Skin Research process or maintain the personal information of persons outside the U.S. If you reside at any location outside of the U.S. or its territories, please see the International section of this website for assistance. Also, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
When you visit Jan Marini Skin Research, Inc or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you reside in a country within the European Union, please do not attempt to contact us. We will neither process nor respond to emails or other electronic communications from residents of the EU. Instead, please contact the appropriate distributor identified in the International section of this website.
All content included on this site, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of Jan Marini Skin Research, Inc or its content suppliers and protected by United States and International copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on this site is the exclusive property of Jan Marini Skin Research, Inc and is also protected by United States and International copyright laws. The content on this website may be used by you as a shopping and/or information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited. Jan Marini Skin Research, Inc maintains a copyright piracy surveillance program and vigorously prosecutes copyright infringement.
Jan Marini Skin Research, Inc attempts to be as accurate as possible in its product descriptions; however, Jan Marini Skin Research, Inc does not warrant that product descriptions or other content of this site is accurate, reliable, complete, error-free or current. If a product offered by Jan Marini Skin Research, Inc itself is not as described, your sole remedy is to return it in its unused condition.
Disclaimer of Warranties Regarding Site, and Limitation of Liability
THIS SITE IS PROVIDED BY JAN MARINI SKIN RESEARCH, INC ON AN "AS IS" AND "AS AVAILABLE" BASIS. JAN MARINI SKIN RESEARCH, INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JAN MARINI SKIN RESEARCH, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JAN MARINI SKIN RESEARCH, INC. EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, PRODUCT MISUSE, PRODUCT ALTERATION, IMPROPER PRODUCT SELECTION AND/OR FAILURE TO COMPLY WITH ANY PRINTED DIRECTIONS.
JAN MARINI SKIN RESEARCH, INC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM JAN MARINI SKIN RESEARCH, INC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INFORMATION YOU TRANSMIT WILL BE SECURE. JAN MARINI SKIN RESEARCH, INC. DOES NOT WARRANT THAT THE INFORMATION DISPLAYED ON THIS SITE IS ACCURATE OR RELIABLE OR THAT THE PRODUCTS OFFERED WILL MEET YOUR EXPECTATIONS OR NEEDS. JAN MARINI SKIN RESEARCH, INC. WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND FOR ANY UNAUTHORIZED DISCLOSURE OF YOUR TRANSMISSIONS OR PERSONAL INFORMATION. JAN MARINI SKIN RESEARCH, INC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE FOREGOING NOTWITHSTANDING, THE SOLE AND COMPLETE LIABILITY OF JAN MARINI SKIN RESEARCH, INC. , AND YOUR SOLE AND COMPLETE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED FROM JANMARINI.COM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, ENTITLING YOU TO ADDITIONAL RIGHTS.
Governing Law and Statute of Limitations
This site is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Disputes and Statute of Limitations
Any dispute relating in any way to your visit to Jan Marini Skin Research, Inc or to products you purchase through Jan Marini Skin Research, Inc shall be submitted to confidential arbitration in San Jose, California, except that, to the extent you have in any manner violated or threatened to violate Jan Marini Skin Research, Inc's intellectual property rights, Jan Marini Skin Research, Inc may seek injunctive or other appropriate relief in any State or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any demand for arbitration brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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.
Jan Marini Skin Research, Inc.
5883 Rue Ferrari
San Jose, CA 95138
1-800-347-2223 or 1-408-620-3600
Jan Marini Skin Research, Inc is committed to customer service and value. Our basic site policies are presented below. We welcome specific inquiries and suggestions for site improvement. If you have questions that aren't answered below or are seeking a particular product, service or affiliation, please contact us at:
By Telephone: 1-800-347-2223 or at 1-408-620-3600
By E-mail: email@example.com
By Mail: Jan Marini Skin Research, Inc.
5883 Rue Ferrari
San Jose, CA 95138
Disclaimer Regarding Medical Diagnosis and/or Advice
The information provided by Jan Marini Skin Research, Inc is intended solely for educational purposes. The information is not to be used for medical diagnostic purposes and is not intended to serve as a recommendation for treatment and/or management of any medical/surgical condition. Most of all, this information should not be used in place of a physician or other qualified health provider. If you believe you have a medical condition, please contact your physician immediately.