NERIUM SKINCARE PRIVACY POLICY AND TERMS OF USE


PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE PRIVACY POLICY AND LEGAL TERMS AND CONDITIONS FOR YOUR USE OF OUR WEBSITE.
This Privacy Policy and Terms of Use apply to the website maintained by Nerium Skincare, Inc. (“Nerium Skincare” or “we” or “us”) for its professional healthcare customers and distributors (the “Website”). By accessing and using this Website, each User (“you” or “User”) agrees to be bound by this Privacy Policy and Terms of Use (“Terms”). If you do not agree with any provision, please exit the Website and do not use any services we offer on or through the Website (“Services”).
YOU ACCEPT THESE TERMS AND PRIVACY POLICY BY CONTINUING TO USE THE WEBSITE OR BY REGISTERING WITH US ON A WEBSITE (IF REGISTRATION IS OFFERED). IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE OR ANY SERVICES WE PROVIDE ON OR THROUGH THIS WEBSITE.

A. NERIUM SKINCARE PRIVACY POLICY

Nerium Skincare respects your privacy. We collect and use your personal information solely for purposes of your use of this Website and in connection with any transaction you initiate.

1. Collection and Use of Personally Identifiable Information

Nerium Skincare collects only personally identifiable information (PII) that you voluntarily submit to us through this Website or through other communications, or which we obtain in order to provide certain services to you, or to complete transactions you request. PII is information that identifies a specific User (such as name, address, contact information, employment information), or a User’s financial information (such as credit card information, bank account information, and information about the date, amount and nature of financial transactions). Information relating to Website usage patterns of the User (such as history of site usage, member ID, IP address, user name, session ID, or information regarding web pages the User views through the use of such technology as cookies, log files, clear gifs, and other advanced software technologies) is not considered PII unless it is linked to other personally identifying information. General demographic data that does not identify an individual or data that has been made anonymous is not considered PII.
We obtain PII from you when you do any of the following: order products from us, register with us, enter a Nerium Skincare promotion, submit comments to us, ask us for information, subscribe to receive emails or other notices from us, or otherwise submit PII to us. Specifically, we may collect the following personal information: your name, email address, telephone numbers, and other demographic information (like zip code, age, address). If you make a purchase through our website, we may also collect account information relating to your method of payment.
We use the PII we collect to process your orders and other requests or to send you information or material for which you asked or which we think you will enjoy. We also use the PII to assess and improve our products and services. We give access to certain PII data to companies helping us with technical or operational issues, on a need-to-know basis, subject to confidentiality protections. We may share PII information with our affiliated companies. We will not share any personal credit card or other financial information with any third party, except as necessary to facilitate or process a financial transaction or comply with a legal obligation. We reserve the right to provide any successor in interest with our customer and user databases and lists, and to comply with court orders or other legal obligations. We may share your name, email address, physical address and other demographic information with affiliates which may contact you for business purposes. While we strive to protect your personal information from unauthorized access, please remember that no data transmission over the Internet can be guaranteed to be 100% secure. We cannot ensure or warrant the security of any information you transmit to us over the Internet. Also, please note that e-mail is not encrypted and is not considered a secure means of transmitting credit card numbers.

2. Collection of Other Data

We may collect the IP address of our visitors and use that data to gather broad demographic information about them. We also may use cookies to enhance your experience with our website. “Cookies" are small files downloaded to your hard drive that enable your browser to save and recall information. We may use this data to tailor our visitors’ experiences, showing them content that we think they might be interested in, and displaying the content according to their preferences. We may share demographic information with our distributors, vendors and advertising channel members on an aggregate basis.
We may also use “log files” to analyze the usage of our website. These files collect such data as Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks of users. We use this data to review usage, administer our website, track a user’s overall movement and collect broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
We also may use advanced software technology (sometimes called clear gifs, Web Beacons or Web Bugs) to help us manage content on our site. These mechanisms use small graphics with unique identifiers and enable us to analyze traffic and website movements. They do not reveal or convey PII. We also track User’s review of and responses to advertising, including emails and website advertising. We may also collect and use information about your online visit to our or other websites, or your online browsing, to increase our ability to provide you with information about products or services that we believe will be of interest to us.

3. Security

Nerium Skincare takes precautions to protect the security of your personal information and to ensure that your choices for its intended use are honored. These precautions help protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. However, we cannot guarantee the total security of that PII, or that we will be immune from hacking incidents or security breaches.

4. Edits/Opt-Out Options

Nerium Skincare gives users the option to edit or update the personal information already given us and/or to unsubscribe from any email or mail lists. You can edit or update your personal information or modify your account preferences (if any), by accessing the “My Account” area of our Website. Please note that if you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal management and fraud prevention activities.
If you no longer want to receive emails or other announcements from us, you may choose to opt-out of further promotional communications from us by selecting “unsubscribe” in your account, by sending an email to support@neriumrx.com or by following the unsubscribe directions in any email from us. Please note: even if you opt out of receiving promotional materials from us, we will retain your information and contact you in connection with transactions or any account you may have with us.
Please note: your changes to your personal information and changes to your opt out preferences will affect only your Nerium Skincare account and information. If you receive notices from other entities, you will need to contact them if you have any questions or want to change your information or preferences with them.

5. Collection of Data by Third Parties

Third party services such as Google, Facebook, Yahoo, and others may serve up ads on other websites based on visits to this Website or other internet sites. These third parties may automatically gather information about your visits to this Website and others, your IP address, your browser, and your ISP. These third parties use cookies and other technologies to do this. Data collected may be used to serve advertising on other sites targeted to your Internet usage and visits to websites. In some cases, third party vendors may collect PII from you and may provide this information to us. This policy applies to such PII collected on our behalf and Nerium Skincare will treat this information in the same manner as PII information collected from our Website. This Privacy Policy does not cover the information practices of third party websites linked to the Site.

6. Third Party Websites

This Privacy Policy applies only to this Website. When you click on link to a third-party website, or a third party logo which links you to a different website, please note that this Privacy Policy no longer applies. You must read the privacy policy of the third party to see how your PII will be handled on their website.

7. Notice to Parents

Nerium Skincare does not collect or seek personal information from persons under the age of 18. We encourage parents to talk to their children about safe and responsible use of their Personal Information while using the Internet. If you are under 18, please do not attempt to register for our websites or send us any information about yourself to us. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 18, please contact us at support@neriumrx.com.

B. TERMS OF USE FOR THIS WEBSITE

1. PROPRIETARY RIGHTS

The materials and content on our Website, as well as other materials we publish, are protected by copyrights, trademarks or other intellectual property rights under the laws of the United States and international laws. These materials―including, but not limited to, content, photographs, images, illustrations, text, videos, and other materials―are owned by Nerium Skincare, or are used with permission of their owners or as otherwise authorized by law. All rights are reserved, worldwide.
All brand, product, service, and process names appearing on this Website are trademarks of Nerium Skincare or their respective holders. Reference to a particular product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Nerium Skincare.

2. USER PERMISSIONS

This Website may be used only for lawful and legitimate purposes. Unless a particular page or image states otherwise, Nerium Skincare hereby gives you permission to copy and use content from this Website on the condition that a) the reproduction and use is solely for your personal use, b) the reproduction contains the copyright and/or trademark symbols of Nerium Skincare or such other copyright or trademark owners as may appear on the material, and c) you keep those symbols on any copies you make. Neither this limited permission, nor anything else in these Terms, is intended to grant you or any other user a license or other rights under any copyright, trademark, patent or other intellectual property right of Nerium Skincare or any third party.

3. PROHIBITED USES

The commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials from the Website, is strictly prohibited unless you have received the express prior written permission from Nerium Skincare. Other than as expressly allowed by these Terms, you may not download, post, display, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You also may not change or remove any trademarks, logos, service marks, or copyright or trademark symbols or notices from any Website materials, even if you are authorized to copy or use the materials. Any unauthorized use of the Website, or any Website content, code, data or materials may violate copyright and other laws of the United States or other countries, as well as applicable state laws, and you may be subject to liability for any unauthorized use.

4. USER UNDERTAKINGS

User agrees, as a condition of access to this Website and the Services, to use the Website and Services solely for legal and legitimate purposes and to comply fully with these Terms. If you register on the Website, you represent that all registration information you submit is truthful and correct. You agree that you will keep your registration information current. You are responsible for all uses of your account and password, so please keep your password confidential. Impersonation, or use of others’ names or personal information is not permitted. Users must be over the age of 18 to order through or register on the Website.
If you submit any information that is false, inaccurate, or incomplete, or if Nerium Skincare believes that such information is false, inaccurate, or incomplete, Nerium Skincare may suspend or terminate your account and deny you, or any computer or device associated with you or your account, access to the Website or to any Services. Nerium Skincare reserves the right to monitor the use and selection of user names or passcodes, and in its sole discretion may require a User to change or modify any user name, passcode, handle, or pen name deemed objectionable or offensive. At our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with this Agreement.

5. USER CONTENT

The Website may provide Users with the opportunity to submit content in various ways, such as through blogs, reviews, message boards, or other methods, and/or may allow Users to post or upload materials to the Website. By submitting any content, comments or material (collectively, “User Content”) to the Website, you grant Nerium Skincare a non-exclusive, non-revocable and worldwide license to use the User Content in any way, including the right to copy, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate the User Content in other works, in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. User Content will be deemed to be non-confidential and non-proprietary. We cannot be responsible for maintaining any User Content, and we reserve the right to delete, take down, move, change or destroy any User Content at any time.
You represent and warrant, with respect to any User Content which you submit or upload to or through the Website (“Your User Content”), that:

  1. Your User Content is your original work, or that you have the authorization of the creator or other owner of all rights in the work;
  2. You have the written consent of each identifiable person in your User Content to use his/her name and/or image, and to submit it to the Website;
  3. Your User Content does not infringe or violate the copyright, trademark, privacy, or any other proprietary right of any person or entity;
  4. Your User Content does not contain defamatory, offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, or racist or discriminatory speech;
  5. Your User Content does not incite or encourage any illegal activity;
  6. Your User Content does not contain personal attacks on any other User or any other person;
  7. Your User Content does not constitute advertising or promotional material, and is not submitted for commercial purposes;
  8. Your User Content does not violate standards of good taste or the standards of this website, as we may determine in our sole discretion.
  9. Your User Content is not illegal, and does not violate any federal, state, or local law or regulation, or the rights of any other person or entity;
  10. Your User Content does not contain viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that may or are intended to damage, interfere with, or appropriate any system, data, or personal information.
Nerium Skincare reserves the right to promptly disable and take down any posts, comments or material that we believe, in our sole discretion violate any of the above representations.

6. RIGHT TO MONITOR USE OF WEBSITE

We reserve the right, but do not have an obligation, to monitor and/or review all User Content, and to monitor all uses of the Website and the Services. Nerium Skincare is not responsible for User Content or usage. We reserve the right to disclose any information as necessary or required in our view to comply with any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms, our policies or applicable law. We may also impose limits on certain features or Services, and/or restrict your access to part or all of the Website without notice if we believe you are not in compliance with these Terms, or for any other reason. We reserve the right to manage the Website as we determine is appropriate to protect our rights and property, as well as the rights and property of others, and to ensure the proper functioning of the Website.
WE RESERVE THE RIGHT TO DENY ACCESS TO AND/OR USE OF THE WEBSITE AND SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, IN OUR SOLE DISCRETION. WE ALSO RESERVE THE RIGHT TO TERMINATE ANY USER OR USE, OR BLOCK ANY USER OR IP ADDRESS, AND DELETE ANY USER PROFILE AND/OR CONTENT AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

7. ONLINE PURCHASES

We may provide you with the opportunity to make online purchases through the Website, directly or through third party service providers. You agree to pay in full the prices for your purchases, by credit/debit card at the time of your online order or by other payment means acceptable to us. You agree to pay all applicable taxes, which may be added to the sales price at time of purchase. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions, and/or subject to a separate distributor or other agreement. Nothing in these Terms modifies or changes the terms of those other terms and conditions. We reserve the right to correct any errors or mistakes in pricing or item descriptions, even if you have already submitted an order. We may change our prices and terms of sale at any time. All payments must be in U.S. dollars and all orders must comply with applicable laws. For additional terms of sale, including our returns and shipping policies, please consult the specific e-commerce webpages.

SHIPPING AND DELIVERY

Nerium Skincare ships merchandise solely within the United States. You must give a valid shipping address for your order to be processed. The risk of loss and title for all merchandise ordered through this Website pass to you when the ordered merchandise is delivered to the shipping carrier. Shipping charges may be calculated depending on the destination address and your choice of delivery options.

RETURN AND EXCHANGE/REFUND POLICIES

You may return unopened, damaged or defective merchandise ordered through this Website within 30 days of the original purchase date for a full refund minus shipping charges Nerium Skincare will issue the refund to the credit card you used at the time of checkout. Nerium Skincare will also exchange any damaged or defective merchandise for another available product of equal or lesser value if you return the product to us at the address given below. To initiate a refund or exchange, please fill out the form on the Contact Us tab of this website and return the product to us at the address given below, along with your ordering confirmation.

8. THIRD PARTY WEBSITES AND CONTENT

The Website contains links to other websites ("Third Party Websites") and may link directly to Third Party Websites, including those that may provide services to us or you. We do not control these Third Party Websites or services and make no representations regarding them. We are not liable or responsible for the reliability or accuracy of the Third Party Websites or services, or any content posted on them. We may receive compensation from the Third Party for the links posted or for services rendered to you. However, your access or use of any Third Party Website or services is at your own risk. Our linking to a Third Party Website is not, and should not be construed as, an endorsement of the Third Party or its website, or as a representation that there is a sponsorship or affiliation between us and the Third Party. Please notify us if you believe that any linked-to Third Party Website contains infringing or illegal content or services. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF YOUR ACCESS TO OR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES.

9. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

If you believe that any materials on this Website infringe your copyright, you may request removal of those materials from the Website by sending written notice to our Copyright Agent (designated below). The Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”) requires that the written notice (the “DMCA Notice”) include the following:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a list of such works.
  3. Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material (or you can send us screenshots to assist our review).
  4. Your contact information (including your name, postal address, telephone number and, if available, e-mail address).
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send your DMCA Notice to the following, by mail, fax or email. Your Notice must be properly addressed and (if by mail) sent with sufficient postage.
Our designated Copyright Agent to receive DMCA Notices is: Michael A. White, Jr. Nerium Skincare, Inc. Attn: Michael A. White, Jr.
11467 Huebner Road, Suite 175 San Antonio, TX 78230
Email: mwhite@neriumbiotech.com Fax: 210.561.0386 Tel: 1.844.599.7787
If you fail to comply with the above notice requirements, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees). It is our policy to terminate repeat infringers in appropriate circumstances.
COUNTER-NOTIFICATION PROCEDURES. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to the Copyright Agent identified above. The Counter-Notice must include substantially the following:
  1. Your physical or electronic signature.
  2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  3. Your contact information (including your name, postal address, telephone number and, if available, e-mail address).
  4. A statement under penalty of perjury that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  5. A statement that you will consent to local Federal District Court jurisdiction, or if your address is outside the United States, to jurisdiction in any judicial district in which our Company is located, and that you will accept service of process from our Company.
Under the DMCA, we have the right to repost the removed content if the person who filed the original DMCA Notice does not file a court action for infringement against you within ten business days of receiving the copy of your Counter-Notice.

10. DISCLAIMERS

THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE OR ANY LINKED WEBSITES AND THE INTERNET GENERALLY. THIS WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY NERIUM SKINCARE CORPORATION OR ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY WHATSOEVER.
NEITHER NERIUM SKINCARE NOR ITS AFFILIATES WARRANT THAT THIS WEBSITE, OR ANY LINKED WEBSITES, OR THE INTERNET, OR ANY INFORMATION OR DATA, WILL BE UNINTERRUPTABLE OR ERROR FREE, OR THAT ANY DATA, SOFTWARE, APPLICATION OR OTHER MATERIAL ACCESSIBLE ON OR FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NERIUM SKINCARE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR HARM CAUSED BY OR RELATING TO THE USE OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NERIUM SKINCARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT OR MATERIALS ON THE WEBSITE OR SERVICES; (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE OR ANY INFORMATION ON THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY DATA OR INFORMATION ON OR ACCESSED THROUGH THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; (F) ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT AND MATERIALS; AND/OR (G) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED ON, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. NERIUM SKINCARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. BY PROVIDING THIS WEBSITE AND ACCESS TO THE SERVICES, NERIUM SKINCARE DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES AND USER CONTENT ON THE WEBSITE, OR ANY USER OF THE WEBSITE OR SERVICES.

11. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL NERIUM SKINCARE OR ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NERIUM SKINCARE’S LIABILITY TO A USER FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE NATURE OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO US FOR OUR SERVICES DURING THE THREE (3) MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. INDEMNITY

You agree to defend, indemnify and hold Nerium Skincare, its affiliates, and their respective officers, agents, and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Content or use of the Services, and/or arising from a breach of this Agreement or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is covered by this indemnification when we become aware of it.

13. APPLICABLE LAWS

The Website is controlled from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and the Privacy Policy are governed by the laws of the State of Texas. You agree that any cause of action that may arise under the Terms or the Privacy Policy shall be brought and heard in the appropriate court in the State of Texas, in Bexar County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Bexar County, Texas. All parties to these Terms waive their respective rights to a trial by jury, in any litigation, to the extent permitted by applicable law.

14. NOTICES

Any Notices from Nerium Skincare to you may be posted on our Website or at our discretion sent to an email address which we have for you. All such notices will be deemed to be delivered to you within thirty (30) days after posting or transmission by email.
Any Notices from you to Nerium Skincare shall be sent by email to the following email address and/or by first-class mail to our address at: Customer Service Nerium Skincare, Inc. 11467 Huebner Road, Suite 175 San Antonio, TX 78230 Email: support@neriumrx.com
Delivery shall be deemed to have been made to Nerium Skincare five (5) days after the date the Notice was sent. Notwithstanding the above, any formal legal process should be served on Nerium skincare in accordance with the applicable legal procedures.

15. TERMINATION

We may terminate or discontinue this Website or the Services, or any part thereof, at any time and without notice. We may restrict, suspend or terminate any User’s access to the Website or the Services if we believe you have breached the Terms or violated applicable law, or for any other reason in our sole discretion. It also is our policy to terminate any User who appears to be a repeat infringer of our or anyone else’s intellectual property rights or other legal rights.

16. CHANGES OR MODIFICATIONS TO THESE TERMS OR PRIVACY POLICY

We reserve the right, in our sole discretion, to change or modify these Terms and/or Privacy Policy, in whole or in part, at any time and without prior notice, by posting the modified Terms or Privacy Policy on the Website. Changes in the Terms and Privacy Policy will be effective when posted, unless stated otherwise. Your continued use of the Website and/or the Services after any changes or modifications to the Terms and Privacy Policy are posted will be considered acceptance of those changes or modifications.

17. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms and Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Privacy Policy shall remain in full force and effect. You agree that neither these Terms nor the Privacy Policy will be construed against Nerium Skincare by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

18. CONTACT INFORMATION

If you have any questions regarding these Terms or our Privacy Policy, or other matter relating to them, this Website or Services, please contact us as set forth below.
NERIUM SKINCARE, INC. Attn: Customer Service 11467 Huebner Road, Suite 175 San Antonio, TX 78230
Phone 1-877-822-7908 Fax 1-210-561-0386 Email: support@neriumrx.com
Last revision of Terms of Use and Privacy Policy: March 30, 2018

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