OUR PRIVACY POLICY/TERMS AND CONDITIONS
Welcome to the pHK Bio (A.K.A. Klatsky Biocosmetica, Inc.) web site, henceforth referred to as "the Site". The contents and services available on the Site to you are subject to the following terms and conditions. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions which include our Privacy Policy. These terms and conditions were last updated on January 1, 2006.
1. Privacy – Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices. Please click here.
2. Accuracy of Content – We make every effort to be as accurate and informative as possible when describing our products on the Site.
3. Purchase and Correlating Policies – For policies related to orders placed through this Site, such as order processing, shipping and handling, returns and exchanges, please click here.
4. Intellectual Property – All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of pHK Bio (A.K.A. Klatsky Biocosmetica, Inc.), our affiliates, partners or licensors, and is protected by United States and international copyright laws.
5. Limited Licenses – We grant you a restricted, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: frame or utilize framing techniques to enclose the Site or any portion thereof; change or download the Site or Content (except caching or as necessary to view the Site); make any use of the Content; gather account information for the advantage of yourself or another party; use any meta tags or any other concealed text utilizing our Trademarks or name or to otherwise use the Trademarks; or use software crawlers, robots, spiders or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a restricted, revocable, and non-exclusive license to produce a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site may link to, but not duplicate our Content; may not feign its relationship with us; may not say or imply that we are endorsing such website or its services or products; may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or connect us with undesirable products, services, or opinions; may not use any Trademark; and may not link to any page of the Site other than the home page. In addition you may not place links to the Site from another site that has content which can be construed as offensive, obscene, or divisive, and may contain only content that is lawful and appropriate for all ages. We may, in our sole judgement, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unofficial use by you of the Site terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
6. Your Obligation and Responsibilities – In the access or use of the Site, you shall act in accordance with these Terms and Conditions and the special warnings or directions intended for access or use posted on the Site. You shall act always in agreement with the law, custom and in good faith. You may not make any alteration or change to the Site. You may not change any Content or services that may appear on this Site and may not damage in any way the integrity or operation of the Site. Without limiting the simplification of any other provision of these terms and Conditions, if you default carelessly or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy). You shall be liable for all the losses and damages that this may cause to pHK Bio (A.K.A. Klatsky Biocosmetica, Inc.), our affiliates, partners or licensors.
7. Your Account – You may select to register on our Site. If you do, you will have an email address/user name and password registered to your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access. You agree to provide only correct and truthful information. You agree to accept responsibility for all activities that occur under your account, username and/or password. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole judgement that it would be in our best interest to do so.
8. Third Party Links – We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an approval by us, our affiliates or our partners of the referenced content, product, service, or supplier. We are in no way accountable for investigating or evaluating, and we do not warrant the offerings of off-Web site pages or any other Web sites linked to or from the Site. We do not assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. Your linking to or from any off-Web site pages or other Web sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit.
9. Submissions – It is our policy to reject unsolicited suggestions and ideas. Notwithstanding our policy with consideration to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, replicate, adapt, publish, sell, assign, translate, create imitative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission. We may also use any idea, concepts or know-how contained within, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further signify and justify that such Submission does not comprise or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam?. You may not use a false e-mail address, imitate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
10. Indemnification – You agree to indemnify us for any loss, damages, or costs, including reasonable attorney’s fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. You also agree to protect, assure and hold us harmless for any loss, damages or costs, including reasonable attorney’s fees, resulting from any third party claim, action, or demand resulting from your use of the Site.
11. Disputes – With reverence to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the State of Maryland in the U.S., as if the Terms and Conditions were a contract completely entered into and entirely performed within Maryland. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Maryland, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our partners, affiliates or licensors, we may seek injunctive or other suitable respite in any court and you consent to exclusive jurisdiction and venue in any such court. 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.
12. General Acknowledgements – You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the total and exclusive agreement between us concerning your use of the Site, and take the place of and govern all prior proposals, agreements, or other communications. We reserve the right, in our only judgment, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall observe immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these terms and Conditions shall be construed as creating any partnership, agency or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time after that, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Representation and Warranties; Limitation of Liability –
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITYY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY INTERRUPTION OF BUSINESS; ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE SITE; COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES ANY INACCURACIES OR OMISSIONS IN CONTENT OR EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
If you have any questions regarding any of the Terms and Conditions outlined in the above statement, please contact us at info@phkbio.com.