© 2008 CutiClear, LLC. Skin Care Products including but not limited to NoNevus and
Anti-Scar Treatment
Notice -- Read This
WHEN YOU PURCHASE NoNevus "YOU ACCEPT" AS THE BUYER, THAT YOU HAVE READ,
ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer--
We guarantee your satisfaction with our 45 day from purchase date 100% refund policy as
posted on our website. For a refund, YOU MUST USE the product daily for 30 days as directed. We guarantee NoNevus mole removal system will reduce or remove your moles within 30 days. We do not make any claims that our product will prevent the re-growth of moles. Unopened packages may be returned at a 50% restocking fee. All others are ineligible. We do not refund
undeliverable or refused mail. We will hold those packages for 30 days. It is the
buyers responsibility to contact us for their missing product. After 30 days buyer has
no claims to product and their purchase will be voided. We cannot refund packages
that were opened in transit. Upon delivery examine package for disturbance. If you
find your package has been disturbed contact us immediately prior to opening product. ONLY ONE PRODUCT MAY BE REFUNDED PER ORDER.
All returns must include a Returned Merchandise Number (RMN) this is issued by the company. This number MUST be displayed on the return form which is posted on our returns page. Email us for your RMA # Monday-Friday 12-4pm. This form must be filled out completely before we can process your return. If we do not receive this form along with the actual product and your original
proof of purchase id number, which was sent to the email provided for purchase
you are not eligible for a refund. It is the sole responsibility of the purchaser to
provide all this information to obtain a refund.
Once we have received product we will either send you more product and/or refund
your product price. Shipping and handling will not be refunded. AMEX Gift Cards are part of a special offer and are NOT REFUNDABLE.
Please allow 15 to 20 days from when you receive an email stating we have
processed your return for the funds to appear. We will issue refunds by check. We will only issue a refund to the person whose name was on the original purchase order.
We are not responsible for merchandise lost in the mail. We suggest you insure your return for the cost of the product because we will not refund any money on packages lost or not received.
Product received after the 45 days from purchase will not be eligible for more
product or a refund.
The complete agreement that follows lays out our rights and duties and your rights
and duties as well as various disclaimers and limitations of liability. Whatever claims
and promises that are made on our website we honor. We guarantee them with our
full 45-day refund policy.
The legalese and full details of this agreement is presented below.
Sincerely,
CutiClear Skin Care Products
© 2008 CutiClear, LLC. Skin Care Products
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners, hereafter "SELLER," and
you, the prospective purchaser, hereafter "BUYER". Persons or entities who are not
participants in this contract but who have an indirect relationship, such as a supplier,
joint venture partner, membership organization, or sales affiliate, are herein described
as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold,
where said product is ordered by and paid for by someone other than the recipient,
is classified herein as if that recipient were the ordering BUYER with the same rights,
duties, and obligations as the BUYER, but may also be referred to herein as
'RECIPIENT".
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT
BUSINESS WITH YOU OR SELL A PRODUCT, OR SERVICE TO YOU, AND YOUR
ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE
OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL
PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM
YOU AS A CONDITION OF SALE.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT
YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER "CutiClear, LLC."
AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU.
THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a product or service described in promotional
or sales materials on this website and/or in an email referencing this website, and
said website and/or email and its contents are incorporated herein by reference and
made a part hereof and constitute a complete description of the product or service
that is the subject matter of this Purchase Agreement. This bundle of offerings,
including additional items promoted on the order page, shall, together, be termed
'product' throughout this agreement but the word 'product' shall mean all elements
offered in the sale, whether digital, dimensional, or other license or right, and include
all sales or promotional materials.
REFUND POLICY
The product, service or membership referenced herein is sold with a 45 day, 100%
product and/or money back guarantee. The product must be returned during the
refund period to the shipping address provided with the product. The burden is on
the Buyer to prove that the product was in fact returned to that address. Request for
refund of our product, must be noticed to the contact address in this Purchase
Agreement. Giving the Buyer a refund during the refund period is the full and
complete liability that the Seller of this product has to the Buyer.
Buyer agrees that the length of the refund period is reasonable and further agrees to
examine, follow detailed application instructions and try the product during the 45 day
refund period as a material consideration required by the Seller as part of the
purchase price. Buyer further warrants that he or she will make a determination
during the 45 day refund period if the product is as described and to decide whether
the Buyer wishes to keep the product. If the Buyer does not contact the Seller
during the refund period, Buyer agrees that the Seller may construe silence as a full,
complete and final acceptance of the product with no further right of redress or refund for any reason due the Buyer. The 45-day refund period will start on the date of
purchase.
FURTHER DESCRIPTION OF THE PRODUCT
The Buyer has no license, permission or right to duplicated or sell this product in any form or to sell it or distribute it whether for profit or not to any person for any reason.
BUYER WARRANTS AN UNDERSTANDING THAT THIS PRODUCT IS FOR
COMSMETIC USE AND PURPOSES ONLY. BY NO MEANS DO WE GIVE MEDICAL
ADVICE. IF YOU ARE IN QUESTION OF YOUR SKIN CONDITION WE SUGGEST
YOU SEEK MEDICAL ATTENTION FIRST BEFORE PURCHASE.
SELLER accepts no responsibility for your misuse of this product or its application.
The Buyer assumes all risk if Buyer uses this product without following directions or
consulting a physician first.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that the Seller requires as
the total price of the product. This consideration includes not only the purchase
price, but other obligations that the Buyer accepts as well as potential rights the
Buyer agrees to forego.
© 2008 CutiClear, LLC. Skin Care Products
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child
Online Privacy Act, of legal age to enter into contractual agreements in the state in
which he is present when he makes this purchase, and is the true and authorized
owner of the credit card used to make this purchase. Any Buyer who violates any of
these requirements may be liable for civil or criminal prosecution and agrees to pay
liquidated damages of an amount the equivalent of US$10,000 per fraudulent
transaction, plus actual damages, and agrees that all information collected by this
website may be used for prosecution and may be turned over to law enforcement
agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon
the Seller, he authorizes each and every credit card company or merchant service
provider to disclose to the Seller all information that could be construed as proof of
credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a
credit card herewith gives authorization for the Seller to access all credit information
about the Buyer from credit reporting agencies and also authorizes the Seller to
discover all relevant information from any source about the fraudulent practices of the
Buyer and to reveal such information to credit reporting agencies, credit card
companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he
causes a fraudulent dispute claim that results in a chargeback against the Seller's
account, that the Seller is authorized to re-charge the Buyer's credit card that was
used for the original purchase to the extent that will make the Seller whole. Buyer
agrees to, in addition to actual damages, pay to the Seller liquidated damages of an
amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY © 2008 CutiClear, LLC. Skin Care Products
This is a natural product, SELLER does not warrant or guarantee of any kind that it
will remove all moles every time. There is no 'warranty period.' There is only a 45 day refund period. However, in the event that the Buyer claims that the product is defective, the sole remedy to the Buyer is to accept a replacement product or a refund. The period for the Buyer to determine if the product is defective and request a replacement or refund is 45 days from the date of the purchase. During this 35 day period, the Buyer may request and will receive a replacement product or refund. During this 35 day period, Buyer may request a replacement product in lieu of a refund but Seller is under no obligation, for any reason, to do anything more than refund the purchase price minus shipping and handling. If the sales conflict with this "as is" warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period.
ASSUMPTION OF RISK © 2008 CutiClear, LLC. Skin Care Products
Buyer agrees to accept all risk associated with the use of this product, including but
not limited to, ingestion of or application to Buyer's person, the use of the product
personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that the
Seller is disclaiming all liability from harm of any kind or nature caused directly or
indirect from this product. Buyer agrees, as part of the consideration required to
purchase this product, to carefully review and test this product during the refund
period and to immediately request a refund if the product is not satisfactory.
Void where prohibited.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this
product disclaims all liability for the product or damages resulting from use or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing
others to use this product. Buyer understands that Seller disclaims liability for any
information contained in sales or promotional materials or the product itself that is
unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and
unforeseeable damages resulting from the purchase or use of this product or from
subsequent contact with Seller or Third Parties. Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Seller's liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims
liability for all damage to Buyer's person.
CutiClear, LLC. legally cannot make any claims as to the effectiveness of NoNevus for your particular needs. If you experience any adverse reaction for any reason you cannot hold CutiClear, LLC. responsible. By purchasing and using NoNevus you are aware that there is a possibility you may be allergic to the ingredients and may experience adverse effects. Consult your doctor if you are unsure of any ingredients used in our products. The chances of an allergic reaction are rare, but if they occur discontinue use of NoNevus.
NoNevus has not been evaluated by the FDA. Our product is FOR COSMETIC USE ONLY. NoNevus is not designed to treat any other condition than the removal or reduction of moles. This product is not intended to diagnose, treat, cure or prevent any diseases. Information given on this website is by no means intended to replace the diagnosis of your doctor. Consult with your family practitioner or dermatologist prior to the use of any of our products and regarding any questions or concerns you might have regarding your condition.
Void where prohibited.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller's total liability, even for erroneous product content that
causes damage to the Buyer, shall be limited to the purchase price paid for the
product.
Void where prohibited.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the
product.
Void where prohibited.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller's total liability, for any other injury, harm, or tort of any
kind, whether foreseeable or unforeseeable, shall be limited to the purchase price
paid for the product.
Void where prohibited.
LIMITATION ON THE LIABILITY LIMITATION © 2008 CutiClear, LLC. Skin Care
Products
Buyer understands that some states do not allow limitation of liability.
Void where prohibited.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR
'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
Claims about results from using this product are true for the persons who made the
claims, including claims made by the Seller about its own experience with the
product. Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller) is the full remedy for any Buyer who feels the product did not deliver the results claimed. Where this disclaimer and claims made in sales of this product are in conflict then the sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs,
attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and does not prevail in court or at arbitration. Buyer warrants an understanding that Buyer's only course of action is to test this product and material for the extent of the refund period and request a refund if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason, no matter
the amount of damages claimed, as a material part of the consideration for purchase
of this product, the maximum amount of liability shall be the purchase price of the
product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of the Privacy Policy of Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the Terms of Use of the Seller's website.
RIGHT TO PUBLISH SUBMISSIONS © 2008 CutiClear, LLC. Skin Care Products
Buyer agrees that Seller may publish for commercial purposes the full or partial
content of any and all communication with Buyer at the Seller's sole discretion.
INDEMNIFICATION © 2008 CutiClear, LLC. Skin Care Products
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using
the product or information contained on this website that results in a damage award
against the Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT
Buyer agrees that Seller has the right to discontinue the product, the service, at any
time, subject only to the 35 day return policy, without notice.
Buyer understands that the Seller may discontinue affiliate programs under the terms
of the affiliate program.
Buyer understands that the Seller may discontinue customer service on a product or
service at any time without notice.
CALIFORNIA RESIDENTS NOTE:
You are entering into a contract that may modify, restrict, or eliminate rights you may
have under the California Online Privacy Protection Act of 2003 (OPPA). Under the
Privacy Policy and this Purchase Agreement you waive any right to view or modify
the content of our database. In the event the website elects at its sole discretion to
release information to you, you must clearly identify yourself to the website as the
named customer who has previously purchased from the website. Additionally, this
purchase agreement, as part of the consideration required to purchase from this
website, requires that you agree to use the American Arbitration Association
exclusively in any claim arising from the Terms of Use, Privacy Policy, or Purchase
Agreement, and not the courts of the state of California. The customer also agrees,
as part of the required consideration, that any cause of action is presumed to have
arisen in the city and county of this business or website, not in the state of California, unless the website is located there, and not in the jurisdiction where the customer
resides.
ARBITRATION © 2008 CutiClear, LLC. Skin Care Products
As part of the consideration that the Sellers requires, Buyer agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in
contract, tort or otherwise) arising out of or relating to this purchase, this product and
terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to the American
Arbitration Association. Information about the American Arbitration Association, its
rules, and its forms are available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New York, New York, 10017-4605.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer
will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class
of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will
be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
APPLICABLE LAW © 2008 CutiClear, LLC. Skin Care Products
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the
state of the Seller.
COSTS
The prevailing party to any arbitration or litigation will be entitled to collect attorney
fees and all other costs of the arbitration or litigation, including filing fees,
investigation fees, collection fees, and travel expenses from the other party.
MODIFICATION
This Purchase Agreement cannot be modified in any manner between the Seller and
this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without
notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase Agreement are
held to be invalid or unenforceable, the remainder of the provisions that are
enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH © 2008 CutiClear, LLC. Skin Care Products
The Seller's waiver (failure to enforce) any term of this agreement shall not be
construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
SELLER CONTACT INFORMATION
The Seller of this product is:
© CutiClear Skin Care Products
COPYRIGHT © 2008 CutiClear, LLC. Skin Care Products
This Purchase Agreement is copyrighted by CutiClear Skin Care Products © 2008
FINAL ACCEPTANCE © 2008 CutiClear, LLC. Skin Care Products
By taking the affirmative step of clicking the "I Accept" button, or checking an
Acceptance box, and the purchasing of a product you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be
the same as if you had affixed your signature to this Purchase Agreement contract.
© 2008 CutiClear, LLC. Skin Care Products