Terms of Use

LEGAL, AND TERMS OF USE, AND SERVICE:

The following are the terms of the agreement between Nancy K. Brown (N.K.B.) Aesthetics, Inc. ('Company') and the buyer ('Buyer') / user ('User') of Products, Services, and Information from Company’s Web site ('Site'), for Buyer's / User's personal use, business use, professional use, or a combination thereof, to use personally, to use professionally, to gift, to share, to trade, to sell, use in services, to carry on business, or a combination thereof. If you do not agree to these terms, you will not be able to purchase anything nor should you use this Site, so please review these terms carefully:

1. Introduction: Buyer / User agrees to the terms and conditions outlined in this Online Contract ('Contract') with respect to the purchase and use of Products, Services, and Information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer / User, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the purchase and use of Products, Services, and Information provided by or through the Site, and the subject matter of this Contract. Buyer / User agrees to review this Contract prior to using the Site, and prior to purchasing on the Site. Purchase of a Product, Service, or the use of the Site by Buyer / User shall be deemed Buyer / User acceptance of this Contract, and the Terms, and Conditions listed below for Buyer / User use of Products, Services, and Information from Site, for Buyer's / User's personal use, business use, professional use, or a combination thereof, to use personally, to use professionally, to gift, to share, to trade, to sell, use in services, to carry on business, or a combination thereof.

1a. Buyer / User agrees that this Contract shall remain in force and govern the relationship between Company and Buyer / User when Buyer / User for whatever reason purchases Company Product(s), and/or Service(s), or uses Company Product(s), and/or Service(s) via a manner other than Company's Site, including, but not limited to telephone (voice and text), email (text in body and/or attachment), mail (via courier and/or postal service), or any other method, subsequent to having registered on Company Site, and regardless of location shipped to or delivery taken at.

1b. Company Products and Services are not available for sale or use outside Canada. Any availability of Company Products or Services outside the territorial limits of Canada are considered to have been made available via diversion and have been made available solely via Buyer / User action(s).

2. Setup and Payment: Buyer represents and warrants that (i) he, she, or whatever personal pronoun the User ascribes to is the legal holder of the credit card and is legally entitled to the use of the credit card used to pay for Products or Services from the Company's Site and (ii) the credit card information supplied is true, correct, accurate, and complete, and (iii) charges incurred by the Buyer will be honored by the Buyer’s credit card company, and (iv) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including shipping charges and all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his, her, or whatever personal pronoun the User ascribes to, password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.

3. Copyright: The content, organization, gathering, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights and the copying, redistribution, use, or publication by a Buyer / User of any such content or any part of the Site is prohibited.

4. Use of Company literature, and information: Company literature and information may only be used with the express consent of the Company and then solely and exclusively for the purpose of promoting and advertising Company Products and Services, or for the education on the proper use of Company Products and Services. The Company reserves the right at its sole discretion to at any time withdraw its consent to any party for the use of its literature and information.

5. Editing, Deleting, and Modification: Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site, and to remove any Products, and Services for sale. Company may modify this Contract or prices, and may discontinue or revise any, and all aspects of the Site in its sole discretion, and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring on, and after said date.

6. Product and Service Use: The Buyer / User agrees to use the Company’s Products, and Services as directed by the Company in its literature, packaging, and on Site and not in any other manner, or for any other purpose. The Buyer / User agrees to use common sense when using the Company’s Products, and Services, and to abide by any, and all instructions, cautions, and warnings. The Buyer / User agrees to read all information, and instructions provided by Company, which may accompany the Product or have been provided in any other manner, before using Products. Buyer / User agrees to always patch test product before proceeding further with use of any Product, Company has introductory size Products, which may be obtained for this purpose, to allow Buyer / User to determine Product fitness, and appropriateness for use by Buyer / User. The use of daily sun protection products is recommended.

6a. Introductory Size / Sample of Products: Company may at times at its sole discretion, in response to request from Buyer / User or at Company's discretion provide an Introductory Size / Sample of its Product(s) to Buyer / User. Buyer / User agrees that these Introductory Size / Sample Products so provided to Buyer / User, regardless of size or format, shall be treated as if purchased from Company by Buyer / User, and governed by the Terms and Conditions of this Agreement.

7. Medical Disclaimer: The information you obtain from Company web site pages, and literature is provided for informational purposes only and is not a substitute for qualified medical advice from a medical professional. No action should be taken based upon the information contained in the Company Site pages, and literature. Consult an appropriate health care professional for advice relating to any suspected or existing medical condition, concern, problem, or issue and the appropriateness of the use of any product with any suspected or existing medical condition, concern, problem, or issue.

8. Right to Refuse: Company reserves the right in its sole discretion to refuse Service or Product sale at any time. Sale of any Product or Service is subject to availability.

9. Hold Harmless:

a. Release and Waiver: The Buyer / User hereby releases and waives any claims, demands, actions, or causes of action against Company, its employees, its directors, its principals, its owners, its affiliates, its licensors, and its suppliers arising out of or related to the use of the Site, the Services, or the Products purchased therefrom.

b. Assumption of Risk: The Buyer / User acknowledges that the use of the Site, the Products, and Services involves inherent risks. The Buyer / User assumes all risks associated with such use and agrees not to hold Company, its employees, its directors, its principals, its owners, its affiliates, its licensors, and its suppliers liable for any injuries, damages, or losses.

c. Indemnification: Buyer / User agrees to indemnify, defend, and hold Company, its employees, its directors, its principals, its owners, its affiliates, its licensors, and its suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to a Buyer’s / User's violation of this Contract, use of the Site, use of the Services, and the use of the Products purchased there from.

10. Links: Buyer / User agrees to hold Company harmless for the use of links from Company Site including but not limited to those links which lead to other web sites, documents, pictures, audio files, and video files, as these may be outside of Company’s control. Buyer / User agrees to hold Company, its employees, its directors, its principals, its owners, its affiliates, its licensors, and its suppliers harmless for any content which may be accessed through links leading to other web sites or contained in documents, pictures, video, audio, or other files, folders, or formats accessed through links from Company web site or content contained therein.

11. Non-Transferable: Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.

12. Disclaimer I: THE SERVICE (SITE), CONTENT, LINKS, PRODUCTS, AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED 'AS-IS,' 'AS AVAILABLE,' AND ALL WARRANTIES, EXPRESS, OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE, AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON AND BUYER'S / USER'S SOLE, AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER / USER FOR THE PARTICULAR ITEM OR ITEMS PURCHASED. COMPANY, ITS EMPLOYEES, ITS PRINCIPALS, ITS DIRECTORS, ITS OWNERS, AND ANY OF ITS AFFILIATES, ITS DEALERS, OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY, AND BUYER / USER. THIS SITE, AND PRODUCTS, AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME PROVINCIAL STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

13. Disclaimer II: The Company endeavors to ensure the accuracy of the published information on this Site, in its literature, and on its packaging. Errors and omissions can however occur. The Company, its employees, its directors, its principals, its owners, its affiliates, its licensors, and its suppliers supplying information will not be held liable for damages resulting from errors or omissions, problems resulting there from, or resulting from the dissemination there of via the Internet or any other method, or media. The Company will not be held liable for technical or other difficulties resulting from the use of this Site.

14. Refund Policy: If a product purchased is defective the Buyer can return the Product in its original condition within three (3) days of receipt, to the following address: 3 Keep Crescent, Leduc, Alberta, Canada, T9E 0J1. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 14 sets forth Buyer’s sole and exclusive right to refund. Certain Products have a limited shelf life and have to be used within that time frame; no refunds or exchanges are available for these products. Buyer / User of Product shall endeavor to use hygienic methods when using product (such as, but not limited to, keeping Product container closed when not in use, keeping Product away from sources of heat, direct sunlight and humidity, using clean hands, or implement when removing Product from container, and not returning Product to its container once Product has been removed from its container). If Buyer / User is uncertain about suitability of a Product, the Buyer / User may purchase a smaller size of said Product, Company has introductory size Products which may be obtained for this purpose. There is no refund or return offered for introductory size Products. 

15. Use of Information: Company reserves the right and Buyer / User authorizes Company, to the use and assignment of all information regarding Buyer’s / User's use of the Site and all information provided by Buyer / User, subject to applicable law.

16. Miscellaneous: This Contract shall be treated as though it were executed and performed in Leduc, Alberta, Canada, and shall be governed by, and construed in accordance with the laws of Canada, and of the Province of Alberta (without regard to conflict of law principles). Any cause of action of Buyer / User with respect to the Site, and Products purchased there through must be instituted within three (3) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations, terms and conditions set forth in this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for, or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Leduc, Alberta, Canada, and Buyer / User expressly submits to the jurisdiction of said courts, and Buyer / User consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions shall remain in full force, and effect. To the extent that anything in or associated with the Site or the Company is in conflict, or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

17. Pricing: All prices are subject to change without notice. All purchases exclude taxes, taxes are extra. All prices are subject to the taxes appropriate for the particular jurisdiction purchased from or delivered to. All products are delivered on a conditional sale basis, their title remains with Nancy K. Brown (N.K.B.) Aesthetics, Inc. until paid for in full. Shipping cost is extra. All prices are in Canadian Dollars (CAD).

18. General Cautions: Common sense caution applies. Always patch test any product before proceeding further with said product (Company has introductory size Products which may be obtained for this purpose). Buyer / User agrees to read cautions, and warnings on packaging, in any literature, which may accompany your product, or found on Company Site, and to abide by said cautions, and warnings. Products are not for internal consumption. Products are for external use only. Keep Products out of the reach of infants and children. Avoid Product contact with eyes and mucous membranes. If Product contact occurs with eyes or mucous membranes rinse with water, if necessary, contact your health care professional. Temporarily discontinue Product use if irritation occurs. If irritation persists, contact your skin care or health care professional whichever is more appropriate. Do not use Product on abraded, irritated, or open skin. Upon initial purchase, do not use Product if outer protective seal has been broken (return to place of purchase for exchange). The practice of proper sun caution, and the use of proper sun protection are recommended. The refilling and reuse of containers in which Buyer / User received Products originally purchased from Company's Site are discouraged for hygienic and sanitary reasons. Refilling or reusing of said containers received from Company's Site, or the filling of other parties' containers with Company's Product(s) by Buyer / User voids any, and all warranties, and Company shall not assume any responsibility for consequences resulting from said refilling, reuse or filling.

19. Pregnancy, and lactation: Women who plan to become pregnant, are pregnant, or are lactating (breast feeding) should always consult an accredited medical professional about the use, and appropriateness of any Product before using said Product. Company does not warrant Products and Services purchased from Site to be suitable for use by and for those who plan to become pregnant, are pregnant, or are lactating (breast feeding).

19a. Infants and Children: Individuals under the age of majority may not order from Company Site. Buyer / User attests being of the age of majority when registering and purchasing Products and Services from Company Site. Before using Company Products and Services on individuals under the age of majority, an accredited medical professional must be consulted for appropriateness of Products and Services intended for use. Products and Services used by individuals under the age of majority should always be used under the supervision of an individual over the age of majority.

20. Testimonials: Testimonials may be subject to verification of actual Company Product purchase and use. If testimonial is found to be fraudulent, the entry will be disqualified and not eligible for any prize. This contest and its nature may be altered or ended at any time at the Company's sole discretion without prior notification. All materials and their contents submitted, including pictures, become the sole and exclusive property of the Company, and may be used at its sole discretion for any purpose it deems appropriate - the Buyer / User relinquishes all claims on said material and their contents, and signs them over to the Company. Prizes chosen must be those which the Company offers and are subject to availability. By submitting a testimonial, the Buyer / User acknowledges to have read, abide by, and be bound by these conditions.

21. Trademarks: Aloe Exfoliant, Sun Defense, Defense Solaire, Quality Skin Care, and Nancy K Brown are registered trademarks of Nancy K Brown (N.K.B.) Aesthetics, Inc. in Canada, the United States of America, and other jurisdictions. Beware of imitations and imitators.

22.  Non-responsibility: The Company has taken all reasonable steps to ensure the security of the Site. The Company has contracted sophisticated encryption technology and incorporated other procedures to protect your personal information at all times. However, the Internet is a public network and there is the remote possibility of data security violations. In the event of such occurrences, the Company is not responsible for any damages you may experience as a result of using the Site.