Terms of Service

This page states the Terms of Service under which the website visitor, (you) may use http://skinofgold.com (and http://store.skinofgold.com). Read them carefully before using this website. All website visitors agree that access to and use of this site are subject to the following terms of service and any other applicable law.  Do not use this website if you do not agree to these terms of service. Read this Terms of Service page often and carefully.  As used in this Agreement, and on this Site, “skinofgold.com, Skin of Gold™, Site, We” refers to Botanical Joy, LLC, makers of Skin of Gold™ face cream. All content held on this website is the exclusive property of Botanical Joy, LLC.

Updates to These Terms of Service
Botanical Joy, LLC 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 e-mail or posting on the Site or by any other reasonable means of communication.  Botanical Joy, LLC also reserves the right, at any time, to modify or update its Privacy Privacy and Security Statement by using the same procedures. You, the customer, confirm your acceptance of the changes by continuing to use the Site.

Permission to Use
Permission is granted to use the content and software (the “Services”) on the Site as a source for shopping, personal care, and information, 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 Botanical Joy, LLC, is strictly prohibited.

Purpose of Sales and Promotions
All sales of products by Botanical Joy, LLC are limited to personal use and may not, without the express prior written approval of Botanical Joy, LLC, 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 Botanical Joy, LLC, 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 Botanical Joy, LLC 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, trade names, and service marks used on the Site (collectively the “Marks”) are proprietary to Botanical Joy, LLC or other respective owners that have granted Botanical Joy, LLC the right and license to use such Marks. The Marks may not be used in connection with any product or service that is may cause confusion among customers, that is not a product or service of Botanical Joy, LLC, or that in any manner disparages or discredits Botanical Joy, LLC or the other respective owners of the Marks.

Privacy Policy
Botanical Joy, LLC protects customer information according to the Privacy Policy and Security Statement posted on this Site. The Privacy Policy and Security Statement, as updated from time to time, and is understood to be a part of this Agreement.

Guarantee and Returns
Botanical Joy, LLC has made every reasonable effort to display as accurately as possible the products that appear on the Site. If for any reason you are unsatisfied with your experience on this Site, please contact us. If for any reason you are not satisfied with any products you purchase on this Site you can return them to us (according to the return instructions provided). Please read the terms of the Guarantee and Returns on this page, which is incorporated by reference to be a part of this Agreement.

Disclaimer – Personal Care & Beauty Products
Botanical Joy, LLC sells its own products. The choice and use of health, personal care, and beauty products (“Beauty Products”) requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to products of this type.
Botanical Joy, LLC will endeavor to provide to Customers all required product labeling information; however, Botanical Joy, LLC is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the Customer. Customers are advised to read and strictly follow the label, instructions in the website, all packaging inserts and instructions, and all manufacturer directions and warnings.
In providing information or advice on this Site with respect to Beauty Products, supplements and health, whether in blogs, forums, in product descriptions, or otherwise, Botanical Joy, LLC does not and cannot diagnose any health conditions of attempt to treat them. Diagnosis and treatment of health conditions and/or disease states should and must be done by a licensed health practitioner. Customers with health conditions, allergies and all those who think they may be reactive should rely on the advice of licensed health-care practitioners when making decisions about the products offered by Botanical Joy, LLC. Botanical Joy, LLC does not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products.

General Disclaimer
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, BOTANICAL JOY, LLC 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, BOTANICAL JOY, LLC 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. BOTANICAL JOY, LLC 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 BOTANICAL JOY, LLC 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, ARE NOT TYPICAL AND MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT SKINOFGOLD.COM.
In providing product information to its customers, Botanical Joy, LLC relies partly on product descriptions provided by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.

Limitations on Liability
IN NO EVENT SHALL BOTANICAL JOY, LLC 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 BOTANICAL JOY, LLC FOR THE PRODUCT(S) CONCERNED, EVEN IF BOTANICAL JOY, LLC 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 BOTANICAL JOY, LLC 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.

Order Acceptance, Shipping Terms, Refunds
Acceptance of all orders by Botanical Joy, LLC on  skinofgold.com occurs only upon successful payment. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site or other advertisement. Botanical Joy, LLC reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, Botanical Joy, LLC is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order, with exception of the Free Shipping offer. In the event of an authorized return of any products sold from the Site, Botanical Joy, LLC is not obligated to include a refund of any shipping and handling charges except when the return is for defective product and Botanical Joy, LLC shall have the option to refund any amount owing to Customer by either crediting the charge method used for payment or mailing a check to the Customer at the address shown on the related Order.

Online Conduct
Any conduct by a person that in Botanical Joy, LLC ‘s sole discretion restricts or inhibits any other person from using or enjoying Skinofgold.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 Botanical Joy, LLC 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, Emails, and Other Submissions
All comments, feedback, customer stories, emails, suggestions, ideas and other submissions disclosed, submitted or offered to Botanical Joy, LLC 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 Botanical Joy, LLC ‘s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Botanical Joy, LLC of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, Botanical Joy, LLC 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. Botanical Joy, LLC 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
Botanical Joy, LLC may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer’s access to all or part of Botanical Joy, LLC, without notice, for any conduct that Botanical Joy, LLC, in its sole discretion, believes is in violation of any applicable law or this Terms of Service Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or Botanical Joy, LLC.

Outside Sites and Linking
Skinofgold.com 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”). Botanical Joy, LLC 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.
Botanical Joy, LLC permits certain third party links to the home page of its site, provided that Botanical Joy, LLC is provided with notice of such links and does not thereafter object to such linking. Botanical Joy, LLC 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/New York Jurisdiction/Jury Trial Waiver
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, U.S.A. CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE STATE OF NEW YORK, U.S.A., PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH BOTANICAL JOY, LLC 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 Terms of Service Agreement shall remain in full force and effect.

Entire Terms of Service Agreement
This Terms of Service Agreement shall, as it may be updated from time to time, constitute the complete and exclusive agreement between Botanical Joy, LLC and Customer with respect to the subject matter hereof. It supersedes 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 Botanical Joy, LLC without need of further notice and shall not be part of this Agreement or in any way binding upon Botanical Joy, LLC.

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.

Acceptance of Terms of Service and of Amendments, Updates and Modifications Thereof
Use of the Site, Skinofgold.com, 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 Botanical Joy, LLC on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments, updates or other modifications to this Agreement may, from time to time, be made by Botanical Joy, LLC sending an email to the Customer at Customer’s last known e-mail address or by posting thereof on the Site.

Our Address and Contact Information Relating to this Terms of Service Agreement
If you have any questions regarding the terms of this Agreement, please contact Botanical Joy, LLC as below:

By Mail:                             By E-mail:
Botanical Joy, LLC              Contact us by email
PO Box 1401 Walled Lake, MI 48390-5401

Requirements for Reuse of Blog Content

All contents on the blog on Skinofgold.com Site and other informational material on the site are the original creations and intellectual property of Botanical Joy, LLC. All content on the Site is fully copyrighted, all rights reserved. For permission to reprint or republish these contents, permission must be obtained via e-mail through Contact us form.  Botanical Joy, LLC is generally favorable to republishing this content on the internet so long as a do-follow link accompanies the content in question.

DMCA NOTICE POLICY

Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our contact address above for notices of infringement. Please include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that your claim has been  infringed;
  2. Identification of the copyrighted work(s) that you claim has been infringed;
  3. A description of the material that you claim is infringing and the location of that material on the Site;
  4. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. Your email address, physical address, and telephone number;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Botanical Joy, LLC will respond to any DMCA complaints in a timely manner.  Should you be the copyright holder of a specific piece of content featured on this site without your permission, Botanical Joy, LLC will remove it in a timely manner once notified.