You must read and accept these terms and conditions before using youfromme.com the "Site") or before accepting any services from YouFromMe YouFromMe provides its services (the "Services") to you (or the "User") subject to this User Agreement (the "Agreement"). By using the Site, you agree to the all the following terms and conditions of this Agreement. If you do not agree with all the terms and conditions, you may not use the Site or the Services.
Changes and Modifications:
YouFromMe has the right to and may change the Agreement at any time without giving prior notice to you. Such revised terms and conditions become immediately effective upon it's posting to and publication of the Site. If you use the Site or the Services after a date of revision, such use constitutes acceptance of the revised terms and conditions. If you do not accept such changes, you must stop accessing and using the Site and the Services.
Grant of Use/Intellectual Property/Copyright:
User does not acquire any right, title, or interest in the Site, except for the limited right to use the Site strictly in accordance with the provisions of this Agreement. User shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site. Except as expressly provided in this Agreement, no part of the Services or the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without YouFromMe’s express prior written consent.
YouFromMe owns and shall retain all proprietary rights in and to the Services and the Site and all derivations and enhancements thereof, and all applications, software, documentation, content, and other materials that Suburban Settlers may use or provide in connection with provision of the Services and the Site. The Site and all site design, including, but not limited to, software, processes, text, content, photographs, video, audio, interfaces, graphics, trademarks, logos, sounds, music, artwork, and computer code and the selection and the arrangement thereof (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site and/or used in connection with the Services and/or the Site and all articles of information, policies and other elements making up the Services and/or the Site are owned, controlled or licensed by or to YouFromMe and are protected by patents, copyrights, trademarks, service marks, international treaties and/or other proprietary rights and Laws of the United States and other countries.
Description of Services:
The “Services” includes (a) the Site, (b) YouFromMe’s retailing services and other such related services provided in connection with YouFromMe’s retailing services, and (c) The Content. Any additional features added to the Site or the Services are also subject to this Agreement.
If you have a belief that your personal work has been used in such a way that constitutes copyright infringement, please submit the following information to email@example.com, with "Attn Legal Department" in the email subject header:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the alleged copyright interest; 2. A description of the alleged copyrighted work that you claim has been infringed upon; 3. A description of where the material that you claim is infringing is located on the Site; 4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or any applicable law; 5. Your name, address, telephone number and email address; and 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 are authorized to act on the copyright owner's behalf.
If you are required to remit payment to YouFromMe, you will be required to select a payment option. Depending upon which payment option you choose, you may have to provide YouFromMe with information regarding your credit card or other payment instrument of choice. Upon making such payment, you represent and warrant to YouFromMe that the information you provided is true and accurate in all aspects and that you are authorized to use such payment instrument. You also agree to pay YouFromMe the entire amount that is charged to you payment instrument.
If you would like to dispute any charges made by YouFromMe, you must notify YouFromMe within sixty (60) days of being invoiced. We fully reserve the right to change YouFromMe 's prices at any time and for any reason without notice. Any change will be reflected on the Site and is effective upon posting the prices to the Site. Your continued use of the Services after the price change is posted constitutes your agreement to pay updated price.
All electronic payments made under this Agreement and will be made through a third-party. YouFromMe will not take into its possession or keep in its possession any payment information from User, including, but not limited to, User’s name, billing address, credit card or debit card number, and credit card or debit card expiration date.
YouFromMe shall not be responsible for the unauthorized use of User’s credit card, debit card, or other account information (including, but not limited to, User’s name, billing address, credit card or debit card number, and credit card or debit card expiration date) unless User’s credit card or debit card information was disclosed by YouFromMe to such other person through YouFromMe’s gross negligence or willful misconduct.
Fraud Protection Program:
YouFromMe screens all received orders for fraud and other types of unauthorized activity. In an effort to dissuade such illegal activity, we reserve the right to refuse an order due to suspected illegal activity. We also reserve the right to cancel any accounts or cancel shipping to certain mailing addresses due to suspected illegal activity. Please keep in mind that we take these preventative measures to protect our Users, as well as ourselves, from fraud and other illegal activity.
The product prices displayed on the Site are in U.S. dollars. Reference to any products, services, processes or other information by way of trade name, trademark, manufacturer, and supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation of such by YouFromMe.
You represent to YouFromMe that you: (1) have full power and authority to enter into this Agreement, (2) have full power and authority to engage in your billing and other activities in connection with the Services provided by YouFromMe, and (3) you are eighteen (18) years of age or older.
Color Satisfaction Policy:
YouFromMe has made every reasonable effort to accurately display colors of products for sale on the Site. However, the actual colors you see may not be accurate as they will depend on your monitor and its settings. If, for any reason you are not satisfied with item(s) that you purchased, you can return such item(s) in its/their original packaging for a full refund within 14 days of purchase. For more information about returns and exchanges, please contact us at firstname.lastname@example.org and a customer care representative will be more than happy to assist you.
You have the absolute right to terminate your YouFromMe account at any time - just contact us at email@example.com. Please note that YouFromMe reserves the right to: (1) modify or discontinue, temporarily or permanently, the Services or any part thereof, and (2) refuse any and all current and future use of the Services, suspend or terminate your account or any part thereof, for any reason, including if YouFromMe believes that you have violated your this Agreement. Furthermore, YouFromMe will not be liable to you or any third party, in any manner whatsoever, for any modification, suspension or discontinuation of the Services.
Disclaimer of Warranties:
The Services, including the Site and the Content, and all server and network components are provided on an "as is" and "as available" basis without any warranties whatsoever. YouFromMe expressly disclaims any and all warranties, whether express or implied, including, but not limited to, implied warranties of merchant-ability, title, fitness for a particular purpose, and non- infringement. By using the Site and the Services, you acknowledge and knowingly and voluntarily accept the foregoing and all terms and conditions of this Agreement.
Disclaimer Regarding Beauty Products:
YouFromMe sells products from many of the most popular high-end cosmetic and beauty-related product producers in the world. The use of such cosmetics and beauty-related products ("Beauty Products") requires that any directions and/or warnings from the manufacturer be read, understood and followed. The Beauty Products sold by YouFromMe are second-hand products and are not sold directly from or by the manufacturer of such product(s). The term “Beauty Products” as used herein completely and fully includes all such second-hand products and all statements regarding the Beauty Products must be read to include second-hand products. Furthermore, such reading is required and necessary to make you, the User, or any third-party that you provide the Beauty Products to or that uses the Beauty Products aware of the possibility that some people may have an allergic or some other reaction to such products.
YouFromMe takes all reasonable efforts to provide all Users with a product's required product labeling information, but YouFromMe is not the manufacturer of the Beauty Products and is therefore not responsible for any reaction or failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the User. YouFromMe is not an authorized reseller of any brands displayed on the site. All Users should read and strictly follow the label, all packaging inserts and instructions, and all manufacturer directions and warnings. In providing information on the Site with respect to the Beauty Products, whether in emails, product descriptions or otherwise, YouFromMe may rely on the advice of manufacturers. Since YouFromMe is not the manufacturer of the Beauty Products, YouFromMe is not liable for the failure of such products to meet any specific needs of a User or of any specific loss, damages (monetary or otherwise), or any injury that may result from the use of such products.
YouFromMe sells secondhand high-end cosmetics and beauty products at a price heavily discounted from retail. The choice to buy secondhand cosmetics and other beauty products, and the choice to expose yourself to a potential health risk, are your sole responsibility. YouFromMe is not associated or affiliated with any original manufacturers of the secondhand cosmetics and other beauty products listed on the site. Because you are aware you are purchasing products that second-hand products, you choose to expose yourself to a potential health risk and take all responsibility for any such risks. YouFromMe is not liable for any illness or injury caused by your use of such Beauty Products.
All the material and other information on the Site is intended for personal education or informational uses only. Statements made about the products may or may not have been evaluated by the U.S. Food and Drug Administration. Any results, if reported, may not necessarily occur in all individuals. Any statements made and any products for sale on the Site are NOT intended to diagnose, treat, cure or prevent any condition/disease. All products should be used in strict accordance with their instructions, precautions and other guidelines. The user is solely responsible to check the ingredients list of a product before using said product, to avoid potential allergic reactions.
Also note that youfromme.com and YouFromMe are not meant to be used as a substitute for professional medical advice. Please consult your own physician or dermatologist regarding the use of any goods, products or information received from the Site before using or relying on them. YouFromMe does not represent itself as a medical professional nor is this implied, implicitly or explicitly, anywhere on the Site. If a minor uses any Beauty Product purchased from the Site, it should be only after the minor's legal or parental guardian has discussed the product and its potential effects with the minor's doctor and/or medical professional. If you are in need of medical attention, immediately call 911 or your personal physician.
General Disclaimer Regarding All Beauty Products:
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, YouFromMe disclaims all representations and warranties, whether express or implied, with respect to the information, Services, products, and materials contained or offered on the Site. This includes but is not limited to any warranties of merchantability, fitness for a particular purpose, title, non- infringement, freedom from computer virus or other harmful code, and implied warranties arising from course of dealing or course of performance. Furthermore, YouFromMe does not represent or warrant that the information accessible through this Site is accurate, complete or current.
Product prices and availability are subject to change without prior notice. In the case of unintentional error, YouFromMe shall not be bound by such errors or omissions in posting product information or prices of any products or Services offered on the Site.
All information provided on the Site is intended to be used for informational purposes only. All Beauty Products offered for sale on the Site are purely cosmetic and not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or ailment, or affect the structure of or any function of the human body.
YouFromMe shall not be liable for any damages of any kind arising out of or in connection with the use of the Site, the Services, or the purchase and use of any Beauty Products. 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.
Limitations on Liability:
In no event shall YouFromMe be held liable for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages, or any damages whatsoever in excess of the amount paid to YouFromMe for the Beauty Product(s) at issue. This applies even if YouFromMe had 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, Beauty Products and materials available from this Site.
Furthermore, these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In those states, YouFromMe’s liability will be limited to the greatest extent permitted by law and the User and any third party will be subject to any applicable statutes of limitations.
You agree to defend, indemnify, and hold harmless YouFromMe (and its officers, directors, agents, employees and third-party service providers) from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising or resulting from your breach of this Agreement, or your use or misuse of the Services. Furthermore, YouFromMe reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification. In such an instance, you agree to cooperate with all reasonable requests made by YouFromMe in effort to defend against such matter.
This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. YouFromMe is permitted to assign this Agreement and its rights and obligations hereunder. Neither this Agreement nor any right, license, privilege or obligation provided herein may be assigned or transferred by User without YouFromMe’s prior written consent; any such attempted assignment or transfer without such consent shall be void.
No Third Party Beneficiaries:
Except as otherwise specifically set forth herein, nothing in this Agreement will be construed as giving any person, other than the parties and their successors and permitted assigns, any right, remedy or claim under, or in respect of, this Agreement or any provision hereof.
If you access the Site via your mobile phone, please be aware that your mobile carrier's normal rates and fees, such as text messaging fees or data charges, still apply and you will be charged accordingly.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid, but if any provision of this Agreement is held to be invalid or unenforceable in any respect, such invalidity or unenforceable shall not render invalid or unenforceable any other provision of this Agreement.
The waiver by either party of any right under this Agreement or the failure to perform or of a breach of any provision of this Agreement will not operate or be construed as a waiver of any other right here under or of any other breach or failure, whether of a similar nature or otherwise.
This Agreement contains the entire understanding and agreement between the parties with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
Amendments and Modifications:
Use of the Site acts as acceptance of its terms. From time to time, the terms of this Agreement may be modified without any prior notice. These modifications become valid upon publication via the Site and from there on represent the entire agreement of the parties with regard to use of the Site and Services.
This Agreement shall be construed, performed and enforced in accordance with the internal laws of the State of New Jersey. Each party to this Agreement hereby irrevocably and unconditionally consents to submit to the jurisdiction of the United States District Court for the District of New Jersey or the Superior Court of New Jersey, Bergen County, New Jersey for any actions, suits or proceedings arising out of or relating to this Agreement and the transactions contemplated hereby (and each Party agrees not to commence any action, suit or proceeding relating thereto except in such courts), and further agrees that service of any process, summons, notice or document in accordance with the Notice provisions herein shall be effective service of process for any action, suit or proceeding brought against such party in any such court. Each party irrevocably and unconditionally waives to the fullest extent permitted by applicable Laws (i) any and all rights to trial by jury and (ii) any objections such party may now or hereafter have to the laying of venue or convenience of a forum designated by this paragraph.
If you have any questions or concerns regarding the terms of this Agreement, you should contact YouFromMe by either of the following methods:
Subject header: Attn Legal Department