TERMS OF USE
By your use of the website at www.a-cutederm.com (the “Website”), you agree to be bound by these Terms
of Use. By registering on the Website, you are representing to Emu Spirit that you are a U.S.
resident, at least 18 years of age, legally able to enter into contracts in order to become a registered user,
and have read and understood the Privacy Policy posted on the Website. Emu Spirit reserves
the right to change the terms or conditions of these Terms of Use and the Privacy Policy by posting notice
of the changes at the Website. Your continued use of the Website after the date notice of the changes was
posted shall be deemed acceptance of the changes. If the changes are unacceptable to you, your sole
remedy is to notify Emu Spirit and terminate your use of the Website. The goods and services
that Emu Spirit provides to you on the Website are subject to the following Terms of Use.
Use of Service and Acceptable Use Policy
The goods and services provided through the Website may contain e-mail, news groups and/or newsletters,
personal web pages, promotions and/or other provisions in direct relation to the marketing of products by
Emu Spirit You agree that when using the Website and the services expressly contained
and/or implied that you will not permit any third party using your account on the Website to:
• Use any material or information, including images or photographs or documents, which are made
available through the Website, in any manner that infringes any copyright, trademark, patent or other
proprietary right of any party.
• Create a false identity for the purpose of misleading others.
• Use the Website to access or attempt to access the accounts of any third party or to collect or attempt to
collect personal information about any third party without that third party’s permission, or to penetrate
or attempt to penetrate the security measures of any other computer, network, electronic
communications system or telecommunications system.
• Attempt to circumvent any provision of these Terms of Use.
Intellectual Property
All Content available on the Site, including but not limited to, in the form of text, graphics, logos, button
icons, images, audio clips, data compilations, product names, specific terms inherent to Emu Spirit
and anything displaying the Trademark or Registered symbol(s) is the property of Emu Spirit,
and is protected by United States and international copyright laws.
Except as set forth in these Terms of Use or other policies displayed on the Site, or as required under
applicable law, neither the Content or Trademarks or Registered symbol(s), nor any portion of the Site may
be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole
or in part, for any purpose without our prior written consent.
Purchase Related Policies
The products and services available on the Site, and any samples, testers and professional only products
that we may provide to you are for personal use only. You may not sell or resell any products and services
or the samples, testers, professional only products you purchase or otherwise receive from us. We reserve
the right, with or without notification, to deny access to products and services or samples, testers and
professional only products that we believe, in our sole discretion, may result in your violation of our Terms
of Use. For additional policies related to orders placed through the Website (such as order processing,
shipping and handling, returns and exchanges), at www.emu-spirit.com. You agree to make payment for
the goods and services as specified on the Website. All billing disputes must be reported within 30 days
of the date of purchase and you waive any claims not reported within such 30-day period.
Indemnity
By agreeing to the Terms of Use you further agree to defend, indemnify and hold harmless Emu Spirit, its
officers, agents and employees from any claim, demand liability, or expense, including,
without limitation, reasonable attorneys’ fees and amounts paid in settlement, made by any third party due
to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party,
or your use of the Website.
Accuracy of Information; Disclaimer of Warranties
Emu Spirit attempts to be as accurate as possible when describing products or services on the
Website, provided, however, that to the extent permitted by applicable law, Emu Spirit does
not warrant that the product descriptions or other information made available on the Website are accurate,
complete, reliable, current, or error-free. Other than as otherwise expressly set forth on the Website, the
Website and goods and services described thereon are presented “As Is, Where Is”. Other than as
otherwise expressly set forth on the Website, Emu Spirit makes no warranties of any kind,
whether express or implied, with respect to the Website or the goods or services made available to you on
the Website and Emu Spirit disclaims any warranty of merchant ability, fitness for a particular
purpose, or non-infringement with respect to the Website and the goods or services made available to you
on the Website. Emu Spirit shall not be liable to you or any third party for loss or damage as
a result of the use of the Website or the goods and services made available to you on the Website, whether
caused by Emu Spirit’s own negligence, errors, omissions or otherwise.
Limitation of Liability
In no event shall Emu Spirit be liable for any associated special, incidental, direct or indirect,
or consequential damages, whether or not Emu Spirit was advised of the possibility of such
damage. The maximum liability of Emu Spirit arising under these Terms of Use, whether in
contract or in tort, including negligence and infringement of third party rights, shall not exceed the greater
of $100.00 or the total paid by you to Emu Spirit for the goods and services that associated
with such loss, claim, damage or liability. The foregoing limitations of liability and sole remedy shall
apply regardless of the effectiveness of other remedies. 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, Emu Spirit’s liability in such state or jurisdiction shall be limited to the extent
permitted by law.
Legal Compliance
You shall comply with all domestic (state and federal) and international laws, statutes, ordinances and
regulations regarding your use of our service and acting as a Distributor Alliance
member and/or Sales Representative.
Termination
In the event of termination, you remain bound by the provisions herein concerning limitation of liability,
proprietary rights, indemnification, choice of law, and jurisdiction.
General
The laws of the State of Texas govern the terms of this Terms of Use. Each party irrevocably consents to
the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas in connection with
any action arising under these Terms of Use and/or relating to the Website.
Emu Spirit does not guarantee continuous, uninterrupted or secure access to our services, and
the operation of the Website may be interrupted or interfered with by numerous factors entirely outside of
our control. If any provision(s) of this Terms of Use is deemed to be invalid or not enforceable, such
provision(s) shall be deleted and the remaining provision(s) shall be enforced. You may not transfer or
assign these Terms of Use without the prior written consent of Emu Spirit,
Copyright Notice
Copyright© 2006 Emu Spirit
U.S.A. All rights reserved.
If you have any questions or comments regarding these Terms of Use, or to report a violation of these
Terms of Use, please notify Emu Spirit by calling 888.483.9995 or 254.582.1180 or by
sending an email message to emuspirit@aol.com.