Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.
- Your Agreement. These Terms of Service (“Terms of Service”) govern: (i) your use of the Website, (ii) your purchase of, and participation in Hermetica's Services offered through the Website, (iii) your contribution of information in connection with using the Website (collectively, the "User Content "); and (iv) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Memo USA or its affiliates and made available to you through the Website (collectively, the "Hermetica Content"). Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Accuracy, Completeness, and Timeliness of Information. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. In addition, the Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
- Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website, Services, or the Hermetica Content, are the proprietary property of Hermetica, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Hermetica retains all rights with respect to the Website, Services, and the Hermetica Content, except those expressly granted to you in these Terms of Service. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website and/or through the Services unless specifically authorized in writing by Hermetica.
- Grant of Rights.
- Grant of Rights to Hermetica in User Content. In connection with Section 7(b), by submitting Contributions (“Contributions”) and/or other User Content (“User Content”) when participating in the Services, uploading files, or otherwise (if such features are available to you), you grant Hermetica the right to use, copy, reformat, index, modify, display, and distribute your Contributions or User Content for the purposes of providing our Services. No compensation will be paid with respect to Hermetica's use of your Contributions or User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 5(a).
- Grant of Rights to You in Hermetica Content. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Hermetica Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Hermetica Content; (ii) modify or make derivative works based upon the Website or Hermetica content; or (iii) reverse engineer, reverse compile, or access the Website or the Hermetica Content in order to build a competitive product or service. You may access and view the Website and the Hermetica Content for use solely as provided in these Terms, but you may not modify, copy, distribute, or otherwise use the Website or the Hermetica Content.
- Code of Conduct. AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
- Upload, email, or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or is otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
- Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website or Services, or interfere with any other party's use and enjoyment of the Website and Services, such as through sending "spam" email.
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
- Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
- Regarding Your Registration. By registering an account on the Website, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your password and account;
- you are not a minor in the jurisdiction in which you reside; and
- your use of the Website does not violate any applicable law or regulation.
Regardless of whether you register an account on the Website, if you provide any information on the Website that is untrue, inaccurate, not current or incomplete, or if Hermetica has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hermetica has the right to suspend or terminate your account and/or refuse you any and all current or future use of the Website (or any portion thereof). We reserve the right to remove or reclaim or change a user name you select if we determine in our discretion that it is inappropriate, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
- Regarding Content You Provide. The Website may invite you to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Hermetica and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Hermetica will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Hermetica and users of the Website to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
- your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Hermetica), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
- your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
- in submitting your Contribution, you have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled Hermetica or third parties as to the origin of any Contribution.
Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SERVICES AT ISSUE.
- Reports and Complaints. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 22.
- Product Information. The Products displayed on the Website can be ordered and delivered only within the United States and select countries. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.
All material and information presented by Hermetica is intended to be used for personal, educational or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any Product purchased on the Website, it should be only after the legal or parental guardian has discussed the Product with the minor's doctor.
All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Hermetica does not give or intend to give any answers to medical-related questions. Hermetica does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The Products available on the Website, including any samples Hermetica may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Hermetica. Hermetica reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Hermetica in its sole discretion.
Except where prohibited by law, Hermetica may limit the number of Products available for purchase.
- Product Prices; Purchases; Accuracy of Billing and Account Information.
- Product Pricing. We make every effort to ensure that the prices and items listed on the Website are up to date and correct. However, the prices and items listed on our Website are NOT guaranteed and are subject to change without notice. When item and/or price changes are made, those changes may not be immediately reflected on the Website. We post to the changes to our Website as often and as quickly as possible in light of our business priorities, but sometimes these postings may be delayed. In such cases, Hermetica reserves the right to change, suspend, or discontinue item selections, and/or the prices that accompany those items. It is important that our customers who visit our Website know and understand this policy and practice, since Hermetica will not adjust product items or prices at the time orders are made. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- Purchases. Hermetica bills you through an online billing account for purchases of Products and/or services. You agree to pay Hermetica all charges at the prices then in effect for the Products you or other persons using your billing account may purchase, and you authorize Hermetica to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Hermetica reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Hermetica. Hermetica may change prices at any time. All payments shall be in U.S. dollars. If payment is not received or cannot be charged to your payment card for any reason in advance of shipping your order, Hermetica reserves the right to either suspend or cancel your order.
- Accuracy of Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Electronic Communications. By using the Website, you consent to receiving electronic communications from Hermetica. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Website and Services. These electronic communications are part of your relationship with Hermetica and you receive them as part of your Product order. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Shipping Policy; Return Policy. Please review the Shipping Policy and Returns and Exchanges Policy posted on this Website prior to making any purchases.
- User Conduct; User Disputes. Hermetica is not responsible for and is not liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online and offline. We have no obligation to become involved in disputes between site visitors. If you have a dispute with one or more site visitors, you release Hermetica (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
- Warranty Disclaimer. NEITHER HERMETICA OR EUROPRESTIGE PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. HERMETICA DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
HERMETICA AND EUROPRESTIGE DISCLAIM: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
- Limitation of Liability. In no case shall Hermetica or EUROPRESTIGE, including its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- Indemnity. You agree to defend, indemnify, and hold Hermetica and EUROPRESTIGE, including its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
- Contact for Alleged Copyright Infringement. Hermetica respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify us as follows:
Attn: DMCA copyright administrator
60 Honeck Street
Englewood, NJ, 07631, United States.
or by email to firstname.lastname@example.org
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
- Modifications to these Terms. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect prospectively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
- Assignment. These Terms shall not be assignable by you, either in whole or in part. Hermetica reserves the right to assign its rights and obligations under these Terms.
- Additional Terms. Certain Services may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Website if you do not agree with the differing terms and conditions.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Hermetica agree to resolve any claims relating to this Agreement through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Hermetica’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Hermetica may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You and Hermetica may also litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Hermetica must do the following things:
- Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Hermetica will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Hermetica will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Hermetica, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hermetica.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Hermetica in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HERMETICA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. The preceding sentence does not apply to New Jersey residents. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing email@example.com and providing the requested information as follows: (1) Your Name; (2) the URL of this Agreement; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Agreement. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept this Agreement by using the Website.
- Contact Us. If you have any questions about these Terms, the practices of this Website, or your dealings with this Website, please contact us at:
60 Honeck Street
Englewood, NJ, 07631, United States.
or by email to firstname.lastname@example.org
- Effective Date: The effective date of these Terms of Service is June 15, 2020.