Terms and Conditions
In order to use the Site, you must:
- Be eighteen (18) years or older and able to enter into binding contracts; or
- Be thirteen (13) years or older and have your parent or guardian’s consent to the Agreement.
By using the Site, you represent and warrant that you meet all the requirements listed above, and that your use of the Site won’t violate any laws or regulations.
Permitted Use and Restrictions
You agree that you are only authorized to visit, view and order from this Site and that you will not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than as set forth herein without our prior written consent. You further agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information;
- interfere or attempt to interfere with the proper functioning of the Site;
- make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Subject to the limitations set forth herein, you may post and upload any photographs, comments, video clips, reviews and other communications to the Site (“Your Content”) and agree to the following rules for submitting Your Content to the Site:
- you are solely responsible for Your Content, your account and the activity that occurs while signed into or while using your account;
- you will not post information that is malicious, false or inaccurate;
- you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc. unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- you hereby affirm we have the right to remove any of Your Content from the Site, terminate your account and/or access to the Site at our discretion and without prior notice.
By posting or uploading Your Content to the Site, you expressly grant, and you represent and warrant that you have a right to grant, to Asara a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit translate, distribute, publicly perform, publicly display, and make derivative works of all Your Content and your name, voice and/or likeness as contained in Your Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
You understand that you are solely responsible for Your Content and agree to indemnify Asara for all claims, liability, loss or damage that occurs as a result of the use of any of Your Content.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by Asara, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Asara does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does Asara adopt nor endorse, nor is Asara responsible for, the accuracy or reliability of any opinion, advice, or statement made by third parties. Asara takes no responsibility and assumes no liability for any content that you or any other user or third party posts or sends over the Site. Under no circumstances will Asara be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
Though Asara strives to enforce this Agreement, you may be exposed to user or third party content that is inaccurate or objectionable. Asara reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny access to the Site or take other appropriate action if a user violates the Agreement or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Asara shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Site, please contact us at firstname.lastname@example.org.
Links to Other Sites and/or Materials
Any links to third party website(s) or items belonging to or originating from third parties (“Third Party Sites and Content”) are provided as a courtesy for your convenience. Asara has no control over Third Party Sites and Content or the promotions, materials, information, goods or services available within these Third Party Sites and Content. Such Third Party Sites and Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Asara, and Asara is not responsible for any Third Party Sites and Content accessed through, posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites and Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site and Content does not imply approval or endorsement thereof by Asara. If you decide to leave the Site and access Third Party Sites and Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see17 U.S.C 512) (“DMCA”) by sending the following information in writing to Asara’s designated copyright agent at Asara Skin Care, 1330 Avenue of the Americas, 23rd Floor,New York, NY 10019:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description 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;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Asara New York and Asara Skin Care are trademarks of Asara Skin Care LLC. All other product and company names that are mentioned on the Site may be trademarks of Asara Skin Care LLC or their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
Terms of Sale
By placing an order, you are offering to purchase product(s) expressly subject to this Agreement. All orders are subject to availability and confirmation of the order price. Fulfilment times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
To place an order with Asara, you must meet the eligibility requirements of this Agreement and possess a valid form of payment. We retain the right to refuse any request made by you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or other payment method used to place your order and that there are sufficient funds to cover the cost of the goods.
When you place an order, you may receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Your order will be accepted by us only when payment is received. We may cancel or limit your order at any time if you have not provided sufficient or required information regarding your order or we have reason to believe the information is fraudulent.
Prices, availability and other purchase terms are subject to change without notice. Whilst we try and ensure that all images, details, descriptions and prices which appear on the Site are accurate, errors may occur. We reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your payment method has been charged. If your order is canceled as a result of the error and you have already paid for the goods, you will receive a full refund.
In the United States, Asara is required to collect applicable state and local sales tax on orders shipped to addresses in New York, New Jersey and California. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Your final order total will include the appropriate state and local taxes Asara is required to collect for your order.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited as your order’s shipment(s) are prepared.
Only those goods listed in the confirmation email sent at the time of shipping will be included. Some products may not be available for immediate delivery, in which case the products will be delivered when they become available. If the delay of your order will be beyond 30 days from the date your order was submitted, Asara will make reasonable efforts to contact you. If we cannot contact you or you no longer wish to receive the delayed item(s)ordered, Asara will cancel the item(s) and promptly refund the amount tendered for the item(s), and will do so within 7 business days if made using third-party credit, such as a Visa or Mastercard.
Applicable shipping and handling will be added to your order; such additional charges are clearly displayed where applicable and included in the order total. Shipping times are good faith estimates only and subject to change. Asara shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Asara may reject orders where the stated delivery address is outside the United States.
If you are placing an order as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. We may, at our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND MEMBERSHIP ENROLLMENT. IF YOU WISH TO CANCEL PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under Customer Service or by calling 800-927-0047. If you are participating in our automatic renewal program using a credit card and your credit card fails to process for a subsequent shipment, Asara may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and Asara will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our automatic renewal program may be terminated and your account may be sent for collection.
You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Serviceat 800-123-4567 for assistance. Asara will refund your payment when your product is timely returned or cancelled, and within 7 business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or Mastercard.
Electronic Communications & Signatures
Communications made through the Site’s messaging system, will not constitute legal notice to Asara or any of its officers, employees, agents or representatives in any situation where notice to Asara is required by contract or any law or regulation.
We may also use your email address(es) and phone number(s) to send you other messages, including information about Asara and special offers. You may opt out of such promotional email by changing your account settings or sending an email to email@example.com or mail to the following postal address: Asara Skin Care, 1330 Avenue of the Americas, 23rd Floor,New York, NY 10019. Opting out may prevent you from receiving messages regarding Asara, our products or special offers. Message and data rates may apply from your service provider. You cannot opt out of communications regarding transactions or your account.
You further acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Asara, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY ASARA. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ASARA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ASARA MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Limitation off Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ASARA, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE SITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold harmless Asara, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Site; (ii) information you submit or transmit through the Site; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Asara that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Asara to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.