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terms of use
about our terms of use
The terms of use as set forth on this website create an agreement between you and Xprescient Corporation DBA Athenique Ageless Skin. This agreement governs your use of atheniqueOnline. You represent that you are at least 18 years of age and/or have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. Xprescient Corporation offers atheniqueOnline to you conditioned on your acceptance without modification of this agreement. Your use of atheniqueOnline consistutes your acceptance of this agreement.
modifications to this agreement
Xprescient Corporation reserves the right to change the terms, conditions, and notices under which it offers atheniqueOnline, including any charges associated with the use of atheniqueOnline. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on this web site. Your continued use of atheniqueOnline after the effective date of such changes constitutes your acceptance of and agreement to such changes.
use of our website
AtheniqueOnline is for your personal use only. You will not use atheniqueOnline for commercial purposes. You will not use atheniqueOnline in any way that is unlawful, or harms Xprescient Corporation or any customer of Xprescient Corporation, as determined in Xprescient Corporation's sole discretion. You may not use atheniqueOnlinein any manner that could damage, disable, overburden, or impair any Xprescient Corporation web site (or the network(s) connected to any Xprescient Corporation web site) or interfere with any other party's use and enjoyment of atheniqueOnline. You will not use atheniqueOnline to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use atheniqueOnline in any way that violates our anti-spam policy. A breach of any part of our anti-spam policy is a breach of this agreement.
liability limitations
In no event will Xprescient Corporation or any related party be liable for any damages, including without limitation any direct, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of atheniqueOnline. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, breach of warranty, negligence, or any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you do not agree with any part of this agreement, or you have any other dispute or claim against any Xprescient Corporation party with respect to this agreement or atheniqueOnline, then your sole and exclusive remedy is to discontinue using atheniqueOnline.
termiination of this agreement
Xprescient Corporation may terminate this agreement, or terminate or suspend your access to atheniqueOnline, at any time, with or without causeand with or without notice. Upon such termination or suspension, your right to use atheniqueOnline will immediately cease. Upon such termination or suspension, any information you mave stored on atheniqueOnline may not be retrieved later.
choice of law
Claims for enforcement, breach or violation of duties or rights under this agreement will be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject atheniqueOnline are directed. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Kitsap County, Washington, USA, in all disputes arising out of or relating to the use of atheniqueOnline.
claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Xprescient Corporation's designated agent.
interpretation of this agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement will continue in effect. Except as expressly stated herein, this agreement constitutes the entire agreement between you and Xprescient Corporation with respect to atheniqueOnline and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Xprescient Corporation with respect to atheniqueOnline. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
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