Terms and Conditions

Welcome to Calidora.com, the web site of Calidora Skin Care Clinics, Inc. (the "Site"). The products, services and information we make available to you on the Site, including our own Calidora(r) branded products (the "Site Brands"), are provided subject to the following terms and conditions (the "Terms and Conditions"). By accessing and using the Site, you are acknowledging that you have read, understand, accept without limitation or qualification and agree to be bound by, these Terms and Conditions.

1. Privacy

Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.

2. Product Descriptions

We, Calidora Skin Care Clinics, Inc., attempt to be as accurate as possible when describing products; however, we do not warrant that product descriptions or other content available on the Site with respect to the Site Brands or otherwise is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition. If information is not accurate your remedy is to have us revise the information.

3. Intellectual Property

All content and technology available on or underlying the Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (the "Content") are and will at all time remain our property, or in the case of Site Brands we do not own, the property of the respective owners, content suppliers or technology and service providers ("Providers"), as the case may be, and are protected by United States and International trademark and/or copyright laws. The compilation of all content on this Site is our exclusive property and protected by United States and international copyright laws.
The other trademarks, logos, service marks, trade names and trade dress displayed on the Site (collectively the "Trademarks") are our registered and unregistered marks or the registered or unregistered marks of the respective owners of the Site Brands, who may or may not be affiliated with, connected to, or sponsored by us .
Except as set forth in the limited license in Section 4 below, neither the Site, the Trademarks, nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of Calidora Skin Clinic. ]

4. Limited License

Calidora Skin Clinic grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. You may not frame or utilize framing techniques to enclose the Site or any portion thereof without Calidora Skin Clinic's prior written consent. You may not copy or download materials from the with except where specifically invited to do so.
The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Site or its contents (except caching); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site’s home page so long as the link does not portray the Site, us or any Site Brands in a false, misleading, derogatory or otherwise offensive manner. You may not use our logos, registered or unregistered trademarks or any other proprietary graphic, trademark or service mark without our the express written consent. Any unauthorized use by you of the Site terminates the limited license set forth in this Section 4.

5. Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for harm caused by that person's wrongful use of the Site. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, in their sole discretion.

6. Third Party Links

Neither we nor any third party referenced or mentioned on the Site are or will in any way be responsible for the content of any off-Site pages or any other sites linked to the Site. We do not endorse links appearing on the Site. Your linking to or from any other off-Site pages or other sites is at your own risk. We are not in any way responsible for examining or evaluating, the offerings of off-Site pages or any other sites linked to the Site, do not expressly or impliedly warrant such offerings of such pages or sites, and hereby disclaim any such warranty, or assume any responsibility or liability for the actions, products, or content of such pages and sites, including, without limitation, their privacy statements and conditions of use. You should carefully review the conditions of use, privacy statements and other information of all off-Site pages and sites. We hereby disclaim and shall not be responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-Site links on this Site, nor be responsible or liable for any computer viruses, system failure, malfunction, or other adverse consequence which may arise out of or relate to hyperlink to third party sites.

7. Unsolicited Idea Submission

You acknowledge and agree that we are free to use any unsolicited ideas, concepts or know-how submitted by you to us through the Site or through any other means or media, directly or indirectly, for any purpose whatsoever, including but not limited to developing, manufacturing, distributing and marketing products or services using such information, without compensation to you.

8. Children

This Site is not intended for children under the age of 18. If you are under 18, you may use the Site only with the consent and participation pf a parent or guardian.

9. Product Sales and Availability; Pricing

All products displayed on this site will be delivered only within the United States. All prices displayed on the site are quoted in U.S. Dollars and are valid and effective only in the United States. We reserve the right without prior notice to discontinue or change specifications or prices on products and services offered on this site without incurring any obligations. As to Calidora Skin Clinic products only, your credit card is not charged until your order has been placed in our shipping process. In the event the price has changed since the time of your order, or if we have made an error in the price shown on the Site, then (a) if the product’s or service’s actual (i.e. correct) price is lower than the stated price, you will be charged the lower amount, and (b) if the actual price is higher than the stated price, we will, in our sole discretion, either contact you to determine whether you wish to continue with the order or cancel your order and notify you of such cancellation.

10. Inventory Availability and Back Orders

Inventory information is available for all products. This information can be used to estimate the likelihood that a product will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that a product listed as "in stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. Should this happen, we will use our best efforts notify you via email.
Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. In some cases, we are researching or waiting for stock information from one or more of our suppliers. We will attempt to get the item(s) back in stock as soon as possible. If we haven't been able to locate and ship the item(s) to you in 30 days, an order status email will be sent to you. If for any reason we determine that a backordered item is no longer available, we will cancel the item from your order, notify you via email, and delete the item from the Site's product offerings. Note: we will never charge your credit card until the item ships. Your credit card needs no adjustment upon order cancellation. If you paid by check or money order and have cancelled your order, we will automatically issue you a refund check. This check will be mailed via the U.S. Postal Service to the billing address listed in your Calidora.com account.

11. Disclaimer of Representations and Warranties; Limitation of Liability

THE SITE IS PRESENTED "AS IS” AND “AS AVAILABLE” NEITHER Calidora Skin Care Clinics, INC. NOR ANY SELLER OF ANY OF THE SITE BRANDS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SITE, THE OPERATION OF THE SITE OR ITS CONTENT INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT NEITHER Calidora Skin Care Clinics, INC. NOR ANY SELLER OF ANY OF THE SITE BRANDS WILL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR (d) EVENTS BEYOND THEIR REASONABLE CONTROL.
FURTHER, NEITHER Calidora Skin Care Clinics, INC. NOR ANY SELLER OF ANY OF THE SITE BRANDS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Calidora Skin Care Clinics, INC. OR ANY SELLER OF ANY OF THE SITE BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Calidora Skin Care Clinics, INC. OR ANY SELLER OF ANY OF THE SITE BRANDS MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, YOU MAY HAVE FURTHER RIGHTS, BUT IN ALL CASES OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. Indemnification of Calidora Skin Clinic and Site Brands

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your improper or unauthorized use of the Site.

13. Disputes

Any dispute, claim or controversy arising from your use of the Site or these Terms and Conditions (other than an action pertaining solely to whether amounts due and payable to us were actually paid and received) shall be resolved exclusively by binding arbitration in Seattle, Washington and shall be governed by the internal laws of the State of Washington without regard to conflict of law principles. You consent to any such dispute to mandatory and binding arbitration in Seattle, Washington under the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that the American Arbitration Association shall not administer any arbitration under this Agreement. The arbitration shall be conducted by an arbitrator who shall be selected in the following manner: (x) by agreement of the parties in dispute; or (y) if the parties in dispute cannot agree on an arbitrator within fourteen (14) days of delivery and receipt of the Arbitration Notice, the parties shall petition a court of competent jurisdiction to select the arbitrator, which judicial proceeding shall take place in a court located in Seattle, Washington. If for any reason this arbitration provision is not enforceable, then you agree that venue in any court action will be in Seattle, Washington, and that the internal laws of the State of Washington without regard to conflict of law principles shall apply.

14. General

You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy constitute the complete and exclusive agreement between you and us concerning your use of the Site, and supersedes and governs all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such changed terms and conditions (together with all existing and unchanged Terms and Conditions). We may, with or without notice, terminate your rights to use the Site as granted by these Terms and Conditions. You shall comply immediately with any such notice.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall any waiver we may grant of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. The headings used in these Terms and Conditions are for convenience only, and are not a part of the Terms and Conditions and shall not be used to interpret any provision. For clarity, we note that any references to "we," "our" or "us" refers to Calidora Skin Care Clinics, Inc., a Delaware Corporation headquartered in the State of Washington with clinics located in Washington and in, or to be in, numerous other states, including California.

If you have any questions regarding these Terms and Conditions, please contact info@calidora.com