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Please read these Terms of Service (the “Agreement”) carefully. By clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Agreement, or by using the Services (as defined below), you agree to this Agreement. We recommend that you print a copy of this Agreement for future reference.
This Agreement is between you and Johnson & Johnson Consumer Inc. (“Company” or “we” or “us”) concerning your use of this mobile software application, Neutrogena Skin360 (the “App”), and the skin scanner tool powered by FitSkin (the “Skin Scanner Tool”), in connection with which you are accessing this Agreement (collectively, the “Services”).
THIS WEBSITE OR APPLICATION IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS WEBSITE OR APPLICATION OR PROVIDE THE COMPANY WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. IF THIS SITE INCLUDES THE ABILITY TO PURCHASE PRODUCTS OR SERVICES, IN ORDER TO UTILIZE THE PURCHASING FUNCTION, YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE.
If you are using the Services on behalf of, or for the benefit of, any organization with which you are associated, then you agree to this Agreement on behalf of yourself and such organization, and you confirm that you have the legal authority to bind such organization to this Agreement. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH YOU AND ANY SUCH ORGANIZATION.
1. Our Right to Make Changes. We may change this Agreement from time to time for valid reasons (such to reflect a change in the law) by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Services. Any such changes will not apply to any dispute between us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. Your clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Agreement or your use of the Services following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Services for valid reasons (e.g., to reflect changes in the relevant laws, to protect security or to implement reasonable technical adjustments and improvements); charge, modify or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users. We will seek to notify you by reasonable means of (i) any modifications that will have a material adverse effect on the use of the Services, taken as a whole; and (ii) any material increase in the fees charged by us to use the Services.
2. Services. The Neutrogena Skin360TM App is intended to help your experience with the Skin Scanner Tool. Using the Skin Scanner Tool, a smartphone, Bluetooth, and the Neutrogena Skin360TM App together will provide images of your skin type, tone and condition. Simply create an account on Neutrogena.com, snap a selfie, pair the Skin Scanner Tool with the Neutrogena Skin360TM App, and use the Skin Scanner Tool to read your skin. After scanning your skin, you will get your unique skin assessment results and personalized tips and product recommendations to help you achieve great looking skin. You may receive the average results of the recommended product(s) if the product is used as directed. Actual results may vary. You may also receive exclusive Neutrogena email offers, notifications, and other information and services as are added to the App from time to time. NEUTROGENA® skin care products may be purchased on Neutrogena.com.
4. Jurisdictional Issues. The Services may not be appropriate or available for use in some jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the availability of the Services at any time, in whole or in part, to any person or geographic area that we choose, for valid reasons (e.g., to comply with relevant laws and regulatory requirements, to protect security or to implement reasonable technical adjustments).
5. Medical Advice. The Services, including App contents, such as text, graphics, images, Skin Scanner Tool, and information obtained from the Services and its licensors, is not intended to be used or viewed as providing medical advice, or as a substitute for consultation with a healthcare provider. The information provided by the Services cannot be the basis for diagnosis of any medical condition or therapy. Individuals are advised to ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. THIS APP IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. Individuals are further advised to never disregard professional medical advice or delay in seeking it because of something they have read or learned from the Services.
6. Adverse Events. If you experience an adverse event or wish to report a product quality complaint related to NEUTROGENA®, this App, the Skin Scanner Tool, or any product distributed by Company, please contact Company’s Customer Service at 1-800-582-4048 between 9AM to 7PM EST Monday-Friday.
7. Rules of Conduct. You must not:
You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services needed for you to use the Services.
8. Products. The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such information and the availability of any Product are subject to change at any time without notice.
9. Our Right to Use Photos and Images. To the extent that the App contains such functionality, you have the rights to the photographs and images you submit and take through the App. You grant Company or its agents and/or third-party vendors, and its respective affiliated companies and agents the right to a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to use the age, race, skin type, image, likeness and/or pictures of such photographs for internal research and development purposes. In addition, if you provide to us any ideas, proposals or suggestions (“Feedback”), we will deem such Feedback a Submission. You agree that Feedback is not confidential and that your provision of it is gratuitous, unsolicited and without restriction and does not place us under any obligation in respect of such Feedback. You may have the ability to share a link to the App and/or images taken through the App via various social media websites and tools, such as Facebook, Instagram, Twitter, and/or via email, depending on the App functionality. You are ultimately responsible for any images that you share via such means.
11. Company’s Proprietary Rights. We and our suppliers own the Services, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include NEUTROGENA®, JOHNSON & JOHNSON and any associated logos. All trade names, trademarks, service marks and logos (collectively, “Marks”) on the Services not owned by us are the property of their respective owners. You may not use our Marks in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any Marks without the express prior written consent of the owner.
12. Third Party Materials; Links. The Services may make available access to third-party information, products, services and other materials, including Submissions (collectively, “Third Party Materials”), and including via links. We do not control or endorse, and are not responsible for, any Third-Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third-Party Materials at any time. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such materials.
13. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND SUBJECT TO ANY APPLICABLE TERMS AND CONDITIONS OR POLICIES APPLICABLE TO THE USE OF THIRD PARTY MATERIALS AS SET OUT IN SECTION 13, THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIRD PARTY MATERIALS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE SECURE, THAT ANY USER NAME, PASSWORD OR OTHER SECURITY MEASURE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICES WILL PREVENT UNAUTHORIZED ACCESS TO YOUR SERVICES ACCOUNT OR RELATED INFORMATION, OR THAT YOUR SERVICES ACCOUNT OR RELATED INFORMATION WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.
ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”).
While we take reasonable steps to try to maintain the timeliness, integrity and security of the Services, we cannot guarantee that they are or will remain updated, complete, correct or secure, or that access to them will be uninterrupted. The Services may include inaccuracies, errors and materials that conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at 1-800-582-4048 between 9AM to 7PM EST Monday-Friday with a description of such alteration and its location on the Services.
14. LIMITATION OF LIABILITY. NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.
IN RESPECT OF ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER APPLICABLE STATUTES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE RELEVANT PORTION OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT FORESEEABLE TO YOU OR US AT THE TIME YOU AGREED TO THIS AGREEMENT, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, AND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (COLLECTIVELY, “INDIRECT LOSSES”). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH YOU AND WE KNEW IT MIGHT HAPPEN.
WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY PRODUCTS OR THIRD-PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
THE COMPANY PARTIES DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, FOR GROSS NEGLIGENCE OR WILLFUL BEHAVIOR, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE SERVICES; AND (B) TEN UNITED STATES DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE COMPANY PARTIES.
IN RESPECT OF ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.
15. Third Party Claims. If we are sued by a third party as a result of your breach of this Agreement or your infringement of any third-party right, then, to the fullest extent permitted by applicable law, you will be responsible for all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) incurred by the Company Parties.
16. Termination. You may stop using the Services, and thereby terminate this Agreement, at any time. We may terminate or suspend your use of the Services if you do not comply with this Agreement. Where reasonable under the circumstances, we will provide you with at least twenty-four (24) hours’ prior notice of termination or suspension, provided that if we reasonably believe that you have materially breached this Agreement, we may immediately terminate or suspend you. Upon any termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without obligation to provide further access to such materials. The Preamble and Sections 2-10, 12-17, and 20-24 shall survive any expiration or termination of this Agreement.
17. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of New Jersey, without regard to its principles of conflicts of law, and regardless of your location. All disputes between you and us arising out of or related to the Services or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims, will be subject to the exclusive jurisdiction of the federal and state courts located in New Jersey and waive any jurisdictional, venue or inconvenient forum objections to such courts.
18. Information or Complaints. If you have a question or complaint regarding the Services, please contact us by calling us at 1-800-582-4048 between 9AM to 7PM EST Monday-Friday. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. Copyright Infringement Claims. If you believe in good faith that materials available on the Services infringe your copyright, you may write to us by mail, e-mail or fax and request that we remove such material or block access to it. Please be precise about the identity and location of the allegedly infringing materials. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a written counter-notice. Notices and counter-notices must be sent as follows: By mail to Chief Trademark Counsel, 1 Johnson & Johnson Plaza, New Brunswick, NJ 08933; by e-mail to email@example.com; or by fax to 732-524-6341.
20. Export Controls. The Services are subject to U.S. export controls restrictions. We will not knowingly make the Services available to you if you are, and you confirm that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or trade sanction (currently Cuba, Iran, Sudan, Syria, and the Crimea region of Ukraine) (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. government lists of restricted end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
21. Forward-Looking Statements. Statements appearing on the Services that concern us, our affiliates or our and their management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. Various external factors and risks affect our operations, markets, products, services and prices. These factors and risks are described in our current annual report filed with the SEC and in other filings we make with the SEC. You can access our most recent SEC filings via the SEC EDGAR system located at www.sec.gov, or you may obtain these filings directly from us at no charge. We disclaim any obligation or responsibility to update, revise or supplement any Forward-Looking Statement or any other statements appearing on the Services.
22. Other Important Terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. This Agreement is between you and us. Except as set forth in Sections 13, 14 and 22, no other person shall have any rights to enforce any of the terms of this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter of this Agreement, and, in the absence of fraud, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, 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. Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.
23. Your Account and Password. You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your mobile device, computer, and/or other means of accessing this App and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the App. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
We reserve the right to terminate any Account at any time in our sole discretion, including without limitation for any failure to comply with this Agreement, any fraud or abuse, or any misrepresentation that you or anyone using your Account may make to us.
When you first register to use the App you may be prompted to create a password. You must keep your password secret and not give it to anyone else or let them use your account. You must not use anyone else's password or account. You must inform us immediately if you suspect any unauthorized use of or access to your password or account. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else's password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
24. Purchasing Items from Us. We attempt to describe the items available on the App as accurately as possible, and depict the most up-to-date product packaging available. We do not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the site will match the actual product that you receive. If a product described in the App is not as described when you receive it, or the packaging on the site does not match the product you receive, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Returns Policy, which is listed on the Neutrogena.com website under Customer Service.
25. Order Acceptance and Shipment. Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. The App does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the App.
26. Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Web Site and when errors are discovered, we will correct them. Be advised that we reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been canceled.
27. Risk of Loss. All items purchased from or through the App are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
28. Return Policy. You may return items purchased through the App in accordance with our Returns Policy as listed in the Neutrogena.com Web Site under Customer Service.
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