The Site you have entered (www.preventexcessskin.com, or www.turquoiseseas.com, or any of its sub-domains, affiliated sites and applications, any mobile versions) and any services or content (as defined below) available therefrom (the “Site”) is a copyrighted work owned and operated by Turquoise Seas LLC, a Massachusetts limited liability company with its principal offices in Stoughton, MA (“Turquoise Seas LLC,” “we” or “us”).
LAST MODIFIED: August 20, 2019
IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS ON YOUR BEHALF PRIOR TO YOUR ACCESS TO AND USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OR HAVE NOT OBTAINED YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE. IN NO EVENT MAY YOU ACCESS OR USE THIS SITE IF YOU ARE UNDER THE AGE OF 15.
YOUR ACCESS TO AND USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
1. CHANGES TO THE SITE OR TERMS. Turquoise Seas LLC reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) at its sole discretion with or without notice to you. You agree that Turquoise Seas LLC will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
Turquoise Seas LLC further reserves the right, at any time, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site, the Content, or any other matter, in its sole discretion. Any modification to the Terms shall become effective when posted. ANY ACCESS TO OR USE OF THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE REVISED TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms shall be valid or enforceable against Turquoise Seas LLC unless expressly agreed to by Turquoise Seas LLC in a writing signed by a duly authorized officer of Turquoise Seas LLC.
2. TERM AND TERMINATION. These Terms will remain in full force and effect while you access and use the Site. Turquoise Seas LLC may terminate these Terms or discontinue operation of the Site without notice to you, at any time and for any reason, in our sole discretion, without liability, including but not limited to if you breach any of these Terms. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site or any Content.
In the event of a termination of these Terms or termination of your access to and use of the Site, Sections 3 through 14 of these Terms shall survive and continue in full force and effect. Further, all rights granted by you shall remain in full force and effect and Turquoise Seas LLC shall be permitted, but shall not have any obligation, to delete any of your personal data collected in the operation of the Site unless otherwise required by law.
3. LICENSE; SITE CONTENT.
(a) License. Subject to these Terms, Turquoise Seas LLC grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use. Unauthorized access to or use of the Site or the Content is a breach of these Terms and may be a violation of law.
(b) Site Content. Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in or distributed through the Site may be reproduced in any form or used by you without the prior written consent of Turquoise Seas LLC. The Site and the Content found therein are the property of Turquoise Seas LLC, its licensees and/or licensors. The Site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that Turquoise Seas LLC or its business partners, licensees or licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the Site or any Content must be retained and displayed at all times.
(c) User-made Content. Turquoise Seas LLC may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, and postings on our Site; however, Turquoise Seas LLC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. Turquoise Seas LLC will cooperate with law enforcement or a court order requesting or directing Turquoise Seas LLC to disclose the identity of anyone posting any information or material prohibited by this Policy. Turquoise Seas LLC may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Turquoise Seas LLC, its clients, or the public. Turquoise Seas LLC does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on any page through User Communications or Guest Experts that are contained on this Site (collectively, "User-made Content"). Any User-made Content placed online, including advice, opinions and stories, are the views and responsibility of those who post the Content and do not necessarily represent the views of Turquoise Seas LLC.
(d) Linking to this Site. Creating or maintaining any link from another web Site to any page on this Site without our prior written permission from Turquoise Seas LLC is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another web Site without our prior written permission from Turquoise Seas LLC is prohibited. Any permitted links to this Site must comply with all applicable laws.
4. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS.
THE SITE AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE; AND (ii) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. TURQUOISE SEAS LLC MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR ACCESS TO AND USE OF THE SITE OR THE SITE OR CONTENT. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF TURQUOISE SEAS LLC OR ANY OF THE TURQUOISE SEAS LLC PARTIES (AS HEREINAFTER DEFINED). NEITHER TURQUOISE SEAS LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of the Turquoise Seas LLC Parties shall be limited to the greatest extent permitted by applicable law.
5. USER CONDUCT; PROHIBITED ACTIVITIES. You agree that you shall not post, publish, submit or otherwise disseminate through the Site any content or other information:
• that is known by you to be false, inaccurate or misleading;
• that violates, infringes or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right;
• that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.
In addition to the foregoing, you agree not to:
- Download or upload any content or material that you know or reasonably should know cannot be legally obtained in such manner;
- Restrict or inhibit any other user from using and enjoying any area within the Site;
- Collect or store personal information about other users of the Site, or submit personal data on the Site without their express permission and authority to do so;
- Attempt to access or use the Site or the Content after your access or use has been terminated;
- Affect the way the Site displays Content (including any pages contained therein) other than through adjustments to your browser or display settings to facilitate your personal viewing of the Site;
- Use any automated means to access or use the Site or to collect any Content contained therein;
- Modify or create variant versions of the Turquoise Seas or VISUALIZE FIT name, trademark, indicia or logos;
- Interfere with or disrupt the Site or the infrastructure;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
- Take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure;
- Engage in any acts or omissions that could constitute a violation of applicable laws, statutes, regulations, rules or ordinances.
You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.
6. THIRD-PARTY LINKS. The Site may contain links to third-party Sites and services for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Turquoise Seas LLC, and Turquoise Seas LLC is not responsible for any Third-Party Links. Turquoise Seas LLC provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Your interaction with all Third-Party Links is at your own risk. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
8. COPYRIGHT AND TRADEMARK INFORMATION. © Turquoise SEAS LLC 2018. All rights reserved. Your use of any trademarks, service marks, branding, logos, and designs owned or licensed by Turquoise Seas LLC is prohibited without the prior written consent of Turquoise Seas LLC or the consent of the third party that owns the trademark.
10. NOTIFICATIONS. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through email, if you have previously provided your email address to us. If you do not provide us with accurate information, we cannot be held liable if you do not receive notice.
11. GOVERNING LAW AND JURISDICTION. The Site is controlled and managed by Turquoise Seas LLC from its offices in the United States and is targeted to the United States. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of laws principles. By accessing or using the Site, you submit to the exclusive jurisdiction of and venue in the Federal Courts located in Boston, Massachusetts to resolve any dispute arising out of or in connection with these Terms, the Site or the Content, and waive any objections thereto including those of inconvenient forum or similar defenses.
You must not access or use the Site or the Content in countries where it is restricted, prohibited or limited by local law, regulations, codes or customs. Turquoise Seas LLC makes no warranty or representation that the Site or the Content is appropriate or available for access or use in locations outside the United States.
12. USERS OUTSIDE OF THE UNITED STATES. If you (a) are using the Site from a country embargoed by the United States, (b) are on the United States Treasury Department’s list of “Specially Designated Nationals,” or (c) are on the U.S. Commerce Department’s Table of Deny Orders, you agree that you will not conduct any commercial activities using or through the Site and will not otherwise use the Site or any related services in violation of United States export control laws or regulations.
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TURQUOISE SEAS LLC, ITS SUBSIDIARIES AND AFFILIATES AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (ALL OF THE FOREGOING, COLLECTIVELY, THE “TURQUOISE SEAS LLC PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PERSONAL OR BUSINESS PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF PERSONAL OR BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING OUT OF OR RELATED TO THESE TERMS OR ARISING OUT OF THE ACCESS OR USE, OR INABILITY TO ACCESS OR USE THE SITE AND/OR ITS CONTENT, ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEB SITE; EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED (E.G., WHETHER IN CONTRACT, TORT OR OTHERWISE). ACCESS TO, AND USE OF, THE SITE AND CONTENT IS AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR LOSS OF DATA RESULTING THEREFROM. IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY OF THE TURQUOISE SEAS LLC PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE TURQUOISE SEAS LLC PARTIES SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). YOU AGREE TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, parts of the above limitation may not apply to you. In such jurisdictions, the liability of the Turquoise Seas LLC Parties shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the limitation of liability for consequential or incidental damages.
14. HEALTH DISCLAIMER. This web Site provides information related to weight loss, fitness, and the avoidance of the development of excess skin, and is intended only to assist users in their own personal related efforts. Turquoise Seas LLC is not a medical organization and cannot provide medical advice or diagnosis. Nothing contained in this Site should be construed as such advice or diagnosis. The information provided on the Site should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen, and if anything appears to be wrong with your skin or body in general. This web Site is intended for use only by healthy adult individuals. The Site is not intended for use by minors, pregnant or breast feeding women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of skincare, weight loss effort, or exercise regimen.
15. PRODUCTS AND SERVICES FOR PERSONAL USE ONLY. The products and services available on the Site, and any samples thereof we may provide to you, are for your personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve 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 that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
16. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Turquoise Seas LLC, its affiliates, subsidiaries, licensees, vendors, partners, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) your breach of these Terms or any applicable laws or regulations, (b) your access to or use of the Site and/or the Content, (c) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) your tortious acts including, without limitation, defamation, and/or (e) any claims you may raise against third parties relating to third party products or services. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. If we assume such defense, we will be responsible solely for our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be your sole responsibility.
17. MISCELLANEOUS. These Terms constitute the entire agreement between you and us regarding the access to or use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
18. ACCURACY OF PRODUCT INFORMATION. We attempt to be as accurate as possible when describing our products on the Site; however we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.