Terms of Use


NEUORA MICROCEUTICALS WEBSITE TERMS OF USE

Welcome to http://www.neuora.com (the “Website”). NeuOra Microeuticals, LLC (collectively, “the Company”, “we”, “us” and “our”) provides this Website subject to the following terms of use (“Terms of Use”). Please read these Terms of Use carefully. By accessing and/or using this Website you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use, as well as our Privacy Policy (see the section titled “Privacy Policy” above).

The Company may change, modify or otherwise alter these Terms of Use in its sole discretion at any time, with or without notice to you. You must review these Terms of Use on a regular basis to keep yourself apprised of any such changes. By using this Website after any such changes have been made, you agree to comply with, and to be bound by, the modified Terms of Use.


1. WEBSITE CONTENT, USE OF THE WEBSITE

The Website and the content, including, but not limited to, text, software, scripts, graphics, photos, interactive features and other materials, as well as the selection and arrangement thereof (collectively, the “Website Content”) are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law. You may access Website Content for your information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms of Use. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Website Content for any other purposes without the prior written consent of the Company or the respective licensors of the Website Content. The Company and its licensors reserve all rights not expressly granted in and to the Website and the Website Content.

The Company hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Website as set forth in these Terms of Use, provided that you do not:

a. use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

b. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or any data or content found on or accessed through the Website without prior express written consent from the Company;

c. obtain or attempt to obtain, through any means, any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;

d. in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or Website Content;

e. violate the security of the Website or attempt to gain unauthorized access to the Website, Website Content, computer systems or networks connected to any server associated with this Website, through hacking, password mining or any other means;

f. interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any Website Content or other information prior to the time that it is intended to be available to the public on the Website; or

g. take or attempt any action that, in the Company’s the sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or our infrastructure.

The Company reserves the right to terminate your access to the Website or remove or edit Website Content for any reason, in its sole discretion. These Terms of Use will remain in full effect between you and the Company, even after your access is terminated. Termination of your access or use will not waive or affect any other right or relief to which the Company may be entitled, at law or in equity.


2. PRODUCT ORDERS, SHIPPING, RETURNS

The products we make available on this Website are for your personal, non-commercial use only. You may not sell or resell any products you purchase or otherwise receive from us. A copy of our Product Policy regarding product orders, shipping and returns is located at http://www.neuora.com/company/customer-service.


3. PRIVACY POLICY

A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal or financial information on this Website is located at http://www.neuora.com. You consent to any personal information we obtain about you via this Website being collected, used, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of this policy at the website address provided above.


4. LINKS

This Website may contain links to other websites or resources that are operated by third parties not affiliated with the Company. These links are provided as a convenience to you. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms of use and privacy policies may apply to your use of any linked sites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.


5. YOUR WARRANTIES & LICENSE

You represent and warrant that: (a) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and to comply with these Terms of Use or, if you are a minor, your parent or legal guardian has read and agreed to these Terms of Use on your behalf; (b) you are at least 13 years old; (c) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use; and (c) by purchasing items from us, you acknowledge and represent that you are authorized to use the payment card or other method of payment used for such purchases.

You also agree that you will be responsible for obtaining and maintaining all network, computer hardware and other equipment needed for access to and use of the Website and you will be solely responsible for all charges related thereto.

You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any content that you may contribute to the Website or the Company, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.


6. DISCLAIMERS

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY AND ITS OFFICERS, DIRECTORYS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY WARRANTIES OF NONINFRINGEMENT, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITE IS SECURE, THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE SITE OR PROVIDED BY THE COMPANY WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IF YOU DOWNLOAD ANY WEBSITE CONTENT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.


7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAWS), NEITHER THE COMPANY NOR ITS LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (i) THIS WEBSITE or WEBSITE CONTENT, OR ANY OTHER WEBSITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE; (ii) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (iii) ANY DELAY OR INABILITY TO USE THE WEBSITE OR ANY other INFORMATION OR SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING RESPONSES TO QUESTIONS YOU SUBMIT; (iv) THE MODIFICATION, REMOVAL OR DELETION OF ANY user CONTENT OR OTHER CONTENT SUBMITTED TOTHE COMPANY THROUGH THE WEBSITE; OR (v) ANY USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.


8. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that content you submit to the Website caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.


9. TERM AND TERMINATION

The Company reserves the right to terminate your access to and use of the Website or any of its features in its sole discretion, without notice and liability, including, without limitation, if the Company believes your conduct fails to conform to these Terms of Use or any additional terms. The Company also reserves the right to investigate suspected violations of these Terms of Use. Any violation of these Terms of Use may be referred to law enforcement authorities.

We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Website, without limitation, in whole or in part, including the cessation of product sales and all other activities associated with the Website, with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.


10. RELATIONSHIP OF THE PARTIES

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and the Company.


11. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.


12. GENERAL

These Terms of Use shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake City, Utah. These Terms of Use, together with our Product Policy, and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.


13. HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or the Website, you may email us at