TERMS AND CONDITIONS
Ucanaan reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from Ucanaan or otherwise use the Site. By using the Site, you agree to be bound by the Terms and Conditions posted on the Site at the time of your access.
These Terms and Conditions form a legally binding contract between you and us. By using our Site, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.
Everything on or used in connection with our Site, including but not limited to Ucanaan’s name and logo, product images and descriptions, Site design, the look and feel of the Site, text, graphics, button icons, images, audio clips, page headers, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed to Ucanaan, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of the Site for purposes of placing an order with Ucanaan or for non-commercial uses. Any other use of the materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Ucanaan is strictly prohibited. Use of any materials on the Site in connection with any product or service that is not offered by Ucanaan in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ucanaan, is also prohibited.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Site or frame any portion of the Site. You may not circumvent any mechanisms included in the Site for preventing the unauthorized reproduction or distribution of the content or materials contained on the Site.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Ucanaan reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
While we make reasonable efforts to ensure the information provided on the Site is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. The information contained on the Site may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.
Proper Use of the Site
You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms and Conditions and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (a) determine whether a violation of these Terms and Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
Certain parts of the Site may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
Ucanaan may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on Ucanaan’s Blog and on Ucanaan’s Applications. Ucanaan does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Ucanaan and the Third Party Website, and Ucanaan does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Ucanaan is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Site.
Use of Products and Services
The products and services available on the Site, including any samples Ucanaan may provide to you, are for personal use only. All material and information presented by Ucanaan is intended to be used for personal educational or informational purposes only. 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. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely online stores for skin care products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Ucanaan does not give or intend to give any answers to medical related questions and the Site does not replace any medical professional or medical resource. Ucanaan does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site.
You may not sell or resell any of products or services you purchase or otherwise receive from Ucanaan if you are not a Ucanaan authorized reseller or partner. Ucanaan reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Ucanaan, in its sole discretion, believes may result in the violation of these Terms and Conditions.
While Ucanaan has tried to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.
For purchases made at Ucanaan (website or in local store), we exchange, or issue credit, for up to 30 days with valid proof of purchase. For a cash refund, original cash receipt is required and for refunds on a check it must be 14 days after purchase and posting. Returns after the 30 day period will be exchange only. Returns are not accepted after 45 days. Promotional and discounted purchases made at Ucanaan are eligible for exchange only and must be returned within 30 days of purchase, with valid receipt. Exchange value will be equal to original purchase price.
If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
Ucanaan is providing the sites and their contents on an "as-is" basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the sites, the information, or content included on the sites. To the fullest extent permitted by law, Ucanaan disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Ucanaan does not represent or warrant that the information accessible via the sites is accurate, complete or current. Ucanaan will not be liable for any damages of any kind arising out of or in connection with the use of the sites.
Limitation of Liability
Except as provided in the disclaimer section above, your sole and exclusive remedy for any other dispute with us relating to the use of the sites is to discontinue your use of the sites. In no event shall our liability, or the liability of our agents, affiliates, subsidiaries and representatives for any and all claims relating to the use of the sites exceed the total amount of fees that you paid us during a one-year period for the specific service at issue or the cost of the product at issue.
We, our agents, affiliates, subsidiaries and representatives shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the sites. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. 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, our liability, and the liability of our subsidiaries and affiliates, shall be limited to the extent permitted by law.
We do not endorse and are not responsible for the accuracy or reliability of any opinion, information, advice or statement on the sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content on the sites.
You agree to defend, indemnify and hold harmless Ucanaan (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your violation of any term of these Terms and Conditions; (b) a breach of these Terms and Conditions; (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (d) any claim that any content that you submitted to the Site caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Site.
Governing Law and Jurisdiction
These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of Massachusetts.
International Visitors and Shipping
We make no representation that materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Site from any territory where its contents are illegal, and that you, and not Ucanaan are responsible for compliance with applicable local laws.
International orders may be subject to import taxes, customs duties and fees levied by your country’s customs department upon arrival. When ordering from Ucanaanland.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. Ucanaan Inc. does not collect duties and taxes, and as smart as we are, we cannot predict what your particular charges may be. Customs policies vary widely from country to country, so please contact your local customs office for more information.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. Ucanaan reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Ucanaan may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Ucanaan takes these measures to protect Ucanaan's customers as well as Ucanaan from fraud or other unauthorized or illegal activity.
No Reseller Activity
The products and services available on the Site, including any samples Ucanaan may provide to you, are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Ucanaan if you are not an Ucanaan authorized reseller, or partner. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.
Comments, Feedback and Other Submissions
Ucanaan welcomes your comments and feedback regarding the Site, and Ucanaan products and services. Any information, materials, suggestions, ideas or comments sent to Ucanaan will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Ucanaan an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Ucanaan will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
The failure of Ucanaan to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact Ucanaan’s ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Effective Date: 11/27/2017
Last Updated: 11/27/2017