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Warranty
Skin formulas do not warrant or guarantee the accuracy, reliability or completeness of the website content or represent that the website or the website content is error-free or capable of operating on an uninterrupted basis. The website is provided “as is” and “as available” and without warranty of any kind. To the fullest extent allowable under applicable law, all warranties, whether express or implied, are hereby disclaimed, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of liability
Use of the website is at the user’s own risk. To the fullest extent allowable under applicable law, skin formulas shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to: (i) use or misuse of the website or the website content; (ii) inability to access or use the website or the website content; (iii) any loss or corruption of data or information submitted via the website; (iv) any communications or services provided by, or requested from, skin formulas via the website; or (v) any personal injury (including death) or property damage resulting from access to or use of the website. The foregoing limitations of liability shall apply whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not skin formulas is advised of the possibility of such damages.

Indemnity
Upon request by skin formulas, the user agrees to indemnify, defend and hold harmless skin formulas and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the user’s use or misuse of the website; (ii) the user’s violation of these terms of use; (iii) the user’s violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the user content resulted in damage to a third party. Skin formulas reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate with skin formulas in asserting any available defenses.

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