Terms and Conditions
Copyright
All website design, text, graphics, logos, button icons, images, the selection and arrangement thereof, and all software is Copyright (c) 2010 Crude LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of Crude LLC ("Crude") and protected by U.S. and international copyright laws. All software used on this site is the property of Crude LLC or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with Crude or using this website as a shopping resource. Any other use of materials on this website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Crude is strictly prohibited.
All material and information presented by Crude is intended to be used for educational or informational purposes only. Your use of this website is subject to these terms and conditions. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Use of this website is not meant to serve as a substitute for professional medical advice: this website is solely an online store for specialty beauty products. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Crude does not give or intend to give any answers to medical related questions and this website does not replace any medical professional or medical resource. Crude does not represent itself as a physician nor is this implied.
Trademarks
Crude, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Crude and may not be used in connection with any product or service that is not offered by Crude in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Crude. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Third Party Content
Crude may provide content of third parties ("Third Party Content") as a service to those interested in this information. Crude does not monitor, approve or have any control over any Third Party Content. Crude does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. Crude is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
Applicable Law
This site is created and controlled by Crude in the State of New York, U.S.A. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Crude reserves the right to make changes to its website and these disclaimers, terms and conditions at any time.
Product Information
All products displayed on this website can be ordered and delivered in the US and certain foreign markets. All prices displayed on this website are quoted in U.S. Dollars. All of the products purchased from this website should be used in accordance with the manufacturer's instructions, precautions and guidelines. If any minor uses any goods or product from Crude it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
Restricted Activities
a) All information you provide to Us including without limitation, any User Generated Content and your activities on the Crude website shall not: (i) be false, fraudulent, inaccurate or misleading; (ii) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (iii) violate, or solicit the performance of any activity which would violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising); or (iv) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable or offensive, in our sole discretion. All statements, testimonials, endorsements, etc., made by you in connection with any products or services discussed or displayed on the Crude website will be a true representation of your opinion and experience with such products or services.
b) You may not attempt to gain unauthorized access to any portion or feature of the Crude website, or any other systems or networks connected to the Crude website, or to any of the Crude websites offered on or through the Crude website, by hacking, password “mining” or any other illegitimate means.
c) You may not probe, scan or test the vulnerability of the Crude website or any network connected to the Crude website, nor breach the security or authentication measures on the Crude website or any network connected to the Crude website.
d) You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Crude website, or any other customer of Ours, or exploit the Crude website or any service or information made available or offered by or through the Crude website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Crude website.
e) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Crude website or Our systems or networks, or any systems or networks connected to the Crude website or to Us.
f) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Crude website or any transaction being conducted on the Crude website, or with any other person’s use of the Crude website.
g) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Us on or through the Crude website or any service offered on or through the Crude website.
h) You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
i) You may not use the Crude website for any purpose that is unlawful or prohibited by these Terms of Use, you may not download, use, copy, license, or otherwise exploit any materials or content on the Crude website in any manner or for any purpose including commercial use without our prior written consent. You may not resell use of, or access to, the Crude website to any third party.
Changes or Modifications
We reserve the right to change these Terms of Use at any time without notice. Any change to these Terms of Use shall be effective, unless otherwise specified, immediately upon posting the amended Terms of Use on the Crude website. If you do not agree to the amended Terms of Use, do not visit this Service after such amendment. By visiting this Service after such amendment to these Terms of Use, you are signifying Your acceptance of, and agreement with, such changes.
Disclaimer
CRUDE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRUDE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Price and availability information is subject to change without notice.
CRUDE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. 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.
Limitation of Liability
YOU AGREE THAT YOUR USE OF THE CRUDE WEBSITE IS AT YOUR SOLE RISK. NEITHER WE, NOR ANY OF OUR OFFICERS, MEMBERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE PROVIDERS WARRANT THAT THE CRUDE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CRUDE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, OR PRODUCTS PROVIDED BY OR THROUGH THE CRUDE WEBSITE; THE CRUDE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VERBAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY US, OR ANY OF OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, OR ASSOCIATES, SHALL CREATE ANY WARRANTY. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN PROVIDING INFORMATION OR SERVICES ON OR THROUGH US OR THE CRUDE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CRUDE WEBSITE INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE CRUDE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, LACK OF INTERNET CONNECTIVITY, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL DATA RECEIVED AND/OR MAINTAINED BY US AS WELL AS ANY CONTENT AVAILABLE THROUGH THE CRUDE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Governing Law
You agree that all matters relating to your access to or use of the Crude website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Kings County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Us and you arising out of or in connection with your use of the Crude website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Although the Crude website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Crude website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in Our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Crude website is void where prohibited. If you choose to access the Crude website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Comments, Feedback and Other Submissions
Crude welcomes your comments and feedback regarding this website and Crude products and services. Any information, materials, suggestions, ideas or comments sent to crudeproducts.com will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting crudeproducts.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, crudeproducts.com will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
Other
We believe that the information contained on the Crude website is accurate and reliable; however, errors sometimes occur; We will attempt to promptly update information that we find to be incorrect. This Agreement constitutes the entire agreement between You and Us and it supersedes all prior or contemporaneous communications, promises and proposals, whether verbal, written or electronic, between you and Us with respect to this Service and information, software, products and services associated with the Crude website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted to you by this Agreement are reserved by Us. If you use this Service in an inappropriate manner or in any way that violates our Terms of Use, your use of this Service may be limited or terminated, both in Our sole discretion.