Terms & Conditions
TERMS & CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. By placing your order, you expressly agree to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this site or place an order.
KeepYoungForever refers to its officers, directors, employees, agents, licensors, suppliers, affiliates, and parent company (“we” or “us”).
The information contained on this website is provided without express or implied warranties of any kind. By your use of this website or your purchase from this website, you expressly agree to all of the following terms and conditions:
(1) This website is for informational purposes only. This website is not intended as a diagnostic tool, or as professional medical advice regarding diagnosis or treatment. It is not a substitute for a professional medical diagnosis, opinion, or suggested course of treatment by a qualified health care professional, nor is it to be relied upon with regard to diagnosis or treatment. We assume no responsibility for what you do with the information contained on this website. Medical problems, particularly those of a serious nature, should be treated by a doctor in person. Please see your doctor for a professional diagnosis and treatment for any medical conditions you may have. If you believe you have a medical condition, please contact your physician immediately. It is advisable to seek a physician’s advice prior to use of any over the counter products. In addition, we do not take any responsibility for the safety or efficacy of any of the products sold through this website, nor for any possible side effects that may result due to the use of these products. It is highly encouraged for consumers to ask their physicians about the safety and efficacy of such products before use. None of the products sold on this website is intended to treat, prevent, cure, relieve, resolve, or stop any type of medical condition.
(2) No Claim of Accuracy or Completeness. We make no promises or warranties regarding the accuracy or completeness of any information contained in this website and/or any pages accessible from this website, nor do we make any promise or warranty to maintain or update this information.
(3) No Warranties of Suitability for Use. We make no express or implied warranties regarding the accuracy, currency, completeness or suitability for any purpose of any information or product contained on this website.
(4) Assumption of Risk of Use. Any person using this website assumes the risk of verifying any materials contained herein, as well as the risk of use and/or reliance on such information. We shall not be liable for any damages for viewing, distributing, copying and/or relying upon these materials, including any indirect, special, incidental, or consequential damages, even if advised of the possibility of such damages.
(5) No Expectation of Privacy. It is expressly understood that there is no reasonable expectation of privacy in your use of this website.
(6) Links. This website may contain links to other sites. These are provided for your convenience. We have no control over the content of such linked sites; we make no representations or warranties regarding them and assume no responsibility for their content. Inclusion of links to other websites does not constitute our endorsement of their content.
(7) Indemnification/Hold Harmless. You agree to indemnify, defend, and hold us harmless, including our officers, directors, employees, agents, information providers, suppliers, and website designers and maintainers, from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, resulting from any use of this website, or as a result of damage or loss suffered by purchasing and using any of the products on our website.
(8) Waiver, Release and Limitation of Liability. You agree that neither we nor our officers, directors, agents, information providers, suppliers, or website designers shall have any liability to you under any theory of liability or indemnity in connection with your use of this website or use of any product purchased from our website. You hereby release and forever waive any and all claims you may have against us or our officers, directors, agents, information providers, suppliers, or website designers and maintainers (including but not limited to claims based upon the negligence, strict liability, infringement, intentional torts, recklessness, or other legal theories, of KEEPYOUNGFOREVER or its officers, directors, agents, information providers, suppliers, or website designers) for losses or damages you sustain in connection with your use of this website or use of any products purchased from this website.
(9) Miscellaneous. This agreement shall be governed and construed in accordance with the laws of Los Angeles, State of California.
(10) Arbitration. Any dispute arising from the use of this website or from using products purchased from this website shall be submitted to a mutually selected arbitrator sitting on the AAA commercial arbitration panel. The Arbitrator's decision shall be binding on all parties. Jurisdiction for any dispute shall be exclusively in Los Angeles, California.
(11) KEEPYOUNGFOREVER IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.
(12) KEEPYOUNGFOREVER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, AND PARENT COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR THE USE OF PRODUCTS PURCHASED FROM THIS WEBSITE. CUSTOMER’S SOLE REMEDY IS EITHER REPLACEMENT OR REFUND FOR THE PRODUCTS PURCHASED. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
(13) THE PARTIES AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
(15) Attorney's Fees. Each party shall bear its own attorneys fees, irrespective of the outcome of that party's case or result.
(16) The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of KEEPYOUNGFOREVER. The collective work includes works that are licensed to KEEPYOUNGFOREVER. Copyright 2007-2011, KEEPYOUNGFOREVER, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with KEEPYOUNGFOREVER or purchasing KEEPYOUNGFOREVER products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with KEEPYOUNGFOREVER or purchase KEEPYOUNGFOREVER products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited, unless authorized by KEEPYOUNGFOREVER. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
(17) All trademarks, service marks, and trade names of KEEPYOUNGFOREVER used in the site are trademarks or registered trademarks of KEEPYOUNGFOREVER. All trademarks and trade names used on this website are the property of their respective owners, and KEEPYOUNGFOREVER is using those trademarks with the permission of their respective owners. The respective owners shall retain sole ownership rights to the trademarks, and we shall not acquire any rights to those trademarks or any intellectual property of the respective owners.
(18) KEEPYOUNGFOREVER and its officers, directors, representatives, parent corporation, and affiliates shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, or from the performance of the products, even if KEEPYOUNGFOREVER has been advised of the possibility of such damages.
(19) In the event that a KEEPYOUNGFOREVER product is mistakenly listed at an incorrect price, KEEPYOUNGFOREVER reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. KEEPYOUNGFOREVER reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, KEEPYOUNGFOREVER shall issue a credit to your credit card account in the amount of the incorrect price.
(20) These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be amended or terminated by KEEPYOUNGFOREVER without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.
(21) KEEPYOUNGFOREVER will deliver any notice to you by means of the e-mail address you provide us.
(22) Your use of this site shall be governed in all respects by the laws of the state of California, Los Angeles County, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site, including but not limited to the purchase of KEEPYOUNGFOREVER products, shall be located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site, including but not limited to the purchase of KEEPYOUNGFOREVER products, must be commenced within one (1) year after use of this website or purchase date of any product, whichever is sooner. KEEPYOUNGFOREVER'S failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. KEEPYOUNGFOREVER may assign its rights and duties under this Agreement to any party at any time without notice to you.
(23) Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a KEEPYOUNGFOREVER or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
(24) KEEPYOUNGFOREVER does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, KEEPYOUNGFOREVER is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, KEEPYOUNGFOREVER reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another or (d) offensive or otherwise unacceptable to KEEPYOUNGFOREVER in its sole discretion.
(25) You agree to indemnify, defend, and hold harmless KEEPYOUNGFOREVER, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
(26) We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include KEEPYOUNGFOREVER or its agents, licensors, suppliers, affiliates, and parent company. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate, without notice to you, to comply with the law, such as a subpoena or court order, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally-identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
(27) In an attempt to provide increased value to our visitors, KEEPYOUNGFOREVER may link to sites operated by third parties. However, even if the third party is affiliated with KEEPYOUNGFOREVER, KEEPYOUNGFOREVER has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KEEPYOUNGFOREVER. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, KEEPYOUNGFOREVER seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
(28) We reserve the right to refuse service to anyone and to cancel any order that is in conflict with or in violation of our terms and conditions.
Terms & Conditions Last updated August 13, 2009