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User Agreement

USER AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). EPIONESKINCARE.COM PROVIDES ITS SERVICES TO YOU (THE "CUSTOMER") SUBJECT TO THE FOLLOWING USER AGREEMENT (THE "AGREEMENT"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.

WHO WE ARE
As used in this Agreement, "Epioneskincare.com" refers to Epioneskincare.com, Epione Beverly Hills and Simon Ourian M.D.

CHANGES TO THESE TERMS OF USE
Epioneskincare.com reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer in writing to the last address supplied by the Customer, by email or posting on the site or by any other reasonable means of communication. Epioneskincare.com also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.

GRANT OF USE
Permission is granted to use the content and software (the "Services") on the Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of Epioneskincare.com, is strictly prohibited.

PURPOSE OF SALES
All sales of products by Epioneskincare.com are limited to personal use and may not, without the express prior written approval of Epioneskincare.com, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.

COPYRIGHT
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Epioneskincare.com, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of Epioneskincare.com or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties.

TRADEMARKS
All trademarks, service marks and trade names used on the Site (collectively the "Marks") are proprietary to Epioneskincare.com or other respective owners that have granted Epioneskincare.com the right and license to use such Marks. The Marks may not be used in connection with any product or service that is not a product or service of Epioneskincare.com, or that is likely to cause confusion among customers, or that in any manner disparages or discredits Epioneskincare.com or the other respective owners of the Marks.

PRIVACY POLICY
Epioneskincare.com protects customer information according to the Privacy & Security Statement posted on this Site. The Privacy & Security Statement, as amended from time to time, is incorporated by reference to be a part of this Agreement.

GENERAL DISCLAIMER - ALL PRODUCTS
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPIONESKINCARE.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, EPIONESKINCARE.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EPIONESKINCARE.COM SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.

ALL MATERIALS AND INFORMATION PRESENTED BY EPIONESKINCARE.COM ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT EPIONESKINCARE.COM.

Limitations on Liability
IN NO EVENT SHALL EPIONESKINCARE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO EPIONESKINCARE.COM FOR THE PRODUCT(S) AT ISSUE, EVEN IF EPIONESKINCARE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST EPIONESKINCARE.COM WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Online Conduct
Any conduct by a person that in Epioneskincare.com's sole discretion restricts or inhibits any other person from using or enjoying Epioneskincare.com is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through Epioneskincare.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Epioneskincare.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Epioneskincare.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Epioneskincare.com of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, Epioneskincare.com will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Epioneskincare.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any person any compensation for any Comments; or (3) to respond to any customer Comments.

Termination of Usage
Epioneskincare.com may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to all or part of Epioneskincare.com, without notice, for any conduct that Epioneskincare.com, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or Epioneskincare.com.

Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). Epioneskincare.com is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.

Epioneskincare.com permits certain third party links to the home page of its site, provided that Epioneskincare.com is provided with notice of such links and does not thereafter object to such linking. No links or "deep links" are permitted to any page other than the Epioneskincare.com home page without the prior written consent of Epioneskincare.com and Epioneskincare.com reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.

Governing Law/California Jurisdiction/Jury Trial Waiver
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE STATE OF CALIFORNIA, U.S.A., PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH EPIONESKINCARE.COM AND CUSTOMER WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.

Severability
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.

Waiver
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.

Entire Agreement
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Epioneskincare.com and Customer with respect to the subject matter hereof. It supercedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by Epioneskincare.com without need of further notice and shall not be part of this Agreement or in any way binding upon Epioneskincare.com.

ACCEPTANCE OF THIS AGREEMENT AND OF AMENDMENTS AND MODIFICATIONS THEREOF
Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by Epioneskincare.com on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments or other modifications to this Agreement may, from time to time, be made by Epioneskincare.com sending an email to the Customer at Customer's last known email address or by posting thereof on the Site.

Our Address and Contact Information Relating to the Terms of this Agreement
If you have any questions regarding the terms of this Agreement, you should contact Epioneskincare.com's legal contact at service@Epioneskincare.com

Epione DMCA Notice & Takedown Procedure

Epione Medical Corporation abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Epione Medical Corporation that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Epione Medical Corporation’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of Infringing Material To file a notice of infringing material on a site owned or controlled by Epione Medical Corporation please provide a notification containing the following details:

  1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
  4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  6. Your physical or electronic signature.

Then send this notice to:

By Mail: Epione Medical Corporation Attn.: DMCA Agent 444 North Camden Drive Beverly Hills, CA 90210

By Fax: Attn: DMCA Agent, Epione Medical Corporation +1.310. 271-3786

By Email: Email: david@epione.com

Counter-Notification If material that you have posted to a site controlled or operated by Epione Medical Corporation has been taken down, you may file a counter-notification that contains the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your name, address and telephone number;
  4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Creative Commons may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
  5. Your physical or electronic signature.

Then send this notice to:

By Mail: Epione Medical Corporation Attn.: DMCA Agent 444 North Camden Drive Beverly Hills, CA 90210

By Fax: Attn: DMCA Agent, Epione Medical Corporation +1.310. 271-3786

Email: david@epione.com

You may be able to find examples of counter-notifications at www.chillingeffects.org/dmca/counter512.pdf. Please note, however, that this is no substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.