Terms and Conditions of Use
Woodcliff Skincare Solutions, Inc. Terms and Conditions of Use
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on the Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on the Site.
The Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please stop using the Site. We do not knowingly solicit or permit children under the age of 13 to provide their personal information to us. In the event that we learn that we have unintentionally collected personal information from children under the age of 13, we will take reasonable measures to promptly delete the information.
Through the Site, you have access to a variety of resources and content. These include: (a) pages, data, messages, text, images, photographs, graphics, audio and video, and documents such as press releases, testimonials, white papers, product data sheets, newsletters, coupons and promotions (“Materials”); and (b) websites that you can post, publish, transmit or make available information (“Services”). Materials, Services, and other information, content and services are collectively referred to as "Content."
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Content is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Content.
Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site (such as order processing, shipping, and returns), click here for Woodcliff’s Ordering FAQ and here for Woodcliff’s Refund Policy.
Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that Woodcliff publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed unless the Materials explicitly state that distribution of the Materials is allowed.
Permission to use documents (such as newsletters, white papers, press releases, and datasheets) from Content is granted, provided that (1) Woodcliff copyright notice appears, (2) use of such documents from the Content is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made.
Use of Services
Services are provided as a convenience to users and Woodcliff is not obligated to provide any technical support for, or participate in, Services. While Services may include information regarding Woodcliff products and services, including information from Woodcliff employees, they are not an official customer support channel for Woodcliff.
You may use Services subject to the following: (a) Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by Woodcliff; (d) you agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service.
Your Content and Services
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to Woodcliff all of the licenses and rights set forth herein. By Sharing Content, you grant Woodcliff a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Woodcliff product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Woodcliff without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Woodcliff’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes defamatory or profanity statements, bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including copyright, patent, trade secrets, or other intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer; (k) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (l) falsify or delete any copyright management information, such as author attributions, legal or other proper notices; (m) restrict or inhibit any other user from using and enjoying Services; (n) collect information about others, including e-mail addresses; (o) overloads or supplies information intended to cause disruption or degrade performance of Services; or (p) create a false identity for the purpose of misleading others. Woodcliff may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
Woodcliff has no obligation to monitor the Services. However, Woodcliff reserves the right to review materials posted to the Services and to remove any materials at its sole discretion. Woodcliff reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Woodcliff reserves the right at all times to disclose any information as Woodcliff deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Woodcliff’s sole discretion.
Content Provided to Woodcliff or Posted to any Woodcliff Website
Woodcliff does not claim ownership of the materials you provide to Woodcliff (including feedback and suggestions, ideas, concepts, know-how, or techniques) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Woodcliff permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Woodcliff Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
Woodcliff is not subject to any obligation of confidentiality with respect to your Submission, you are granting Woodcliff permission to use your Submission so long as Woodcliff does not infringe any patent or copyright rights you may have. You will only retain rights you may have in the information under federal patent or copyright law. Accordingly, you understand and acknowledge that Woodcliff may use, publish, market and distribute products and services that compete with your Submission or that are otherwise similar to your Submission, so long as Woodcliff does not infringe any patent or copyright rights you may have.
Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Woodcliff. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and Woodcliff reserves the right to terminate the permissions granted to you and your use of the Content at any time.
Security, Passwords and Access of the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Woodcliff accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Woodcliff accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Woodcliff accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Woodcliff accounts, computer systems or networks without Woodcliff’s express written permission.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also be asked to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Woodcliff immediately of any unauthorized use of your account or any other breach of security.
Woodcliff will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Woodcliff or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms or the rules, guidelines or Terms posted for a specific area of the Site or Content provided on or through the Site. You may not use the Site, or Content in any manner that could damage, disable, overburden, or impair any Woodcliff server, or third-party site used by or on behalf of Woodcliff, or the network(s) connected to any Woodcliff server, or interfere with any other party's use and enjoyment of any part of the Site, or Content. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Woodcliff server (or third-party site used by or on behalf of Woodcliff) or to any of the Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
You agree to indemnify and hold harmless Woodcliff, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms or any additional rules, guidelines or Terms posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.
Limitation of Liability
IN NO EVENT SHALL WOODCLIFF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE. TO THE EXTENT A STATE DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, WOODCLIFF’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Disclaimer of Content on SiteEXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WOODCLIFF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. WOODCLIFF MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THE CONTENT OF THIS SITE IS FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
WOODCLIFF RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
Termination of Use
Woodcliff may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Woodcliff may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Woodcliff may terminate or limit your access to or use of the Site if Woodcliff determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Woodcliff shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have shared.
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all laws, restrictions and regulations of any United States or applicable agency or authority.
Links to Third Party Web Sites
The links in the Site will allow you to leave the Site. The linked websites are NOT under the control of Woodcliff, and Woodcliff is not responsible for the contents of any linked site or any site that links to the Site. As a result, Woodcliff is not responsible for the availability, advertising, products, services or other materials of any such sites. Furthermore, Woodcliff is not responsible for any link contained in any linked site or any site that links to the Site. Woodcliff is not responsible for any changes or updates to such sites. Woodcliff provides the links to you solely as a convenience. The inclusion of any link does not constitute nor imply endorsement or approval by Woodcliff of the linked site or any materials contained thereon. In no event shall Woodcliff be liable, directly or indirectly, to you or any other person or entity for any loss or damages arising out of, or resulting from, use of any linked site, including any materials located on such sites.
Waiver and Severability
The failure of Woodcliff to exercise or enforce any rights or provisions in these Terms shall not constitute a waiver of such right or provision. If any part or provision of these Terms is found to be unenforceable, such part or provision may be modified to make these Terms, as modified, legal and enforceable. The balance of the Terms shall not be affected.
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Delaware.
Any dispute relating to your use of the Site or these Terms shall be submitted to confidential arbitration in New Jersey and you agree to submit yourself to the jurisdiction and proceedings thereof. Arbitration means that an arbitrator or arbitrators will decide the outcome of the claim and you will not have the right to sue in court or to have a judge or jury decide your claim. You also agree that any dispute over the scope of this arbitration provision and the above “Applicable Law” provision, including any dispute over whether a claim is arbitrable shall be submitted to an arbitrator for submission. An arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Copyright ©2017 Woodcliff Skin Care Solutions, Inc. All rights reserved.
ALASTA®, ALAST-X®, ANYTIME LIFT EYE TREATMENT®, ANYTIME LIFT EYE TREATMENT WITH ALASTA®, ELASTIFIRM®, GREENCEUTICALS®, PLYOSYL®, SUPER BOOST NIGHT SERUM®, SUPER BOOST NIGHT SERUM WITH ALASTA®, SUSTAINABLE YOUTH®, THE GREEN IS INSIDE®, ULTRA CREAMY CLEANSING LOTION®, ULTRA CREAMY CLEANSING LOTION WITH ALASTA® and WE ADD GREEN. YOU SUBTRACT YEARS. PROVEN.® are trademarks of Woodcliff. All other products, logos, or brand names are service marks, trademarks, or registered trademarks of their respective owners.