Terms of Use
Terms of Service
Please read these terms of use (“Terms of Use”) carefully before using the services.
ARBITRATION PROVISION
· Mandatory Arbitration: These Terms of Use contain a mandatory arbitration provision, as detailed in the section titled “arbitration” below. This provision requires all claims you may have against ABEON, LLC DBA Klenne Choice to be resolved through arbitration.
· Waiver of Court Claims: You confirm, acknowledge and agree that you are waiving your rights to bring any claims against ABEON, LLC DBA Klenne Choice in a court of law.
· Class Action Waiver: Additionally, you affirm your agreement to a class action waiver within the arbitration process.
· Effects on Legal Rights: This arbitration provision materially affects your legal rights. You are advised to review it carefully.
Please read these terms of use (“Terms of Use”) carefully before using the services. These Terms of Use shall be applicable to all users of the site, including, but not limited to, individuals who contribute content, information, and other materials or services to the site. If you do not consent to these Terms of Use, you are hereby prohibited from accessing, viewing, downloading, or otherwise utilizing the site, as well as from purchasing any goods or services offered on the site; accordingly, you should refrain from such actions. Certain sections, activities, or services within the site are subject to the additional terms and conditions and policies. By engaging in said sections, activities, or services, you hereby agree to adhere to those additional terms and conditions, and policies.
Included in Terms of Use: Unless expressly stated otherwise, the products and services available on this website are designed solely for personal and non-commercial use. Purchases of any item from this website for the purpose of resale, whether by the purchaser or any third party, are strictly prohibited. This Site does not render medical advice, and individuals are advised to consult their healthcare provider for professional guidance pertaining to skincare treatments, dermatological conditions or medical issues.
Eligibility: By using the Site or Services, you are hereby represent and warrant that you are of legal age of majority in your jurisdiction of residence, that you have not been suspended or removed from the Site, and that you do not maintain more than one account at any given time on the Site. Furthermore, you affirm that all information provided in connection with your account registration and/or orders is true, accurate, current and complete. Should we have reason to believe or suspect that any information you have provided is not true, accurate, current, or complete, we reserve the right to deny or terminate your access to the Site and/or Services.
User consent: When you create an account to access our Site or Services, you are mandated to provide your full name, address, payment details and to select a password (hereinafter collectively referred to “Account Information”). You are unequivocally prohibited from disclosing or sharing your “Account Information” with any third parties. In the event that any individual accesses our Site or Services using your account information, we shall rely on such information and presuppose that the access is made by you. You bear sole responsibility for all actions and transactions conducted under your account information, including, but not limited to, all orders or activities associated with your Account. We reserve the right to undertake all necessary measures to safeguard the Site and your Account. You acknowledge and agree to assume responsibility for any acts or omissions by any users accessing the Site or Services under your Account Information. Furthermore, you agree not to register more than one account and not to register an account on behalf of any individual other than yourself. We shall bear no obligation to authenticate the identity of any users accessing the site, nor shall we be liable for the oversight user content provided by users.
Third Party links: Third-party websites, services or resources may link to this Site. We disclaim all responsibility for the content, advertisements, services, products, third-party materials or any additional links contained within such third-party sites. The inclusion of links to third-party sites on this Site does not imply any endorsement or approval of the materials found therein We shall not be liable, directly or indirectly, to you or any other individual or entity for any loss or damage resulting from the creation or use of third-party sites, services, or the information or materials accesses therein.
Termination of access: Grounds for Termination Access to the Site may be terminated under the following circumstances; a. Violation of Terms: If a user breaches any of the Terms and Conditions under “Terms of Use” outlined herein. b. Misuse of Services: engaging in fraudulent including but not limited to impersonation, hacking or spamming. c. Legal Compliance: If access is required to be terminated for legal reasons, or in response to valid legal requests. D. Safety Concern: Any action that compromises the security of safety of the Site or its users. Notification of Termination: Users will be notified regarding the termination of their access, detailing the reasons for such action when feasible.
Arbitration: By using the Site, you hereby consent that ABEON, LLC, doing business as Klenne Choice, may, at its sole discretion, mandate that any and all disputes and causes of action arising from or related to these Terms of Use, the Site and associated offerings shall be addressed individually, without the use of class action, and exclusively through final and binding arbitration conducted in accordance with the rules of the American Arbitration Association. Such arbitration shall occur at the nearest regional office of the American Arbitration Association to the participant. The Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings associated with said arbitration and any judgement rendered pursuant to the arbitration award may be entered in any court with appropriate jurisdiction. You acknowledge and agree that you are relinquishing your right to initiate a lawsuit or purse court action to assert or defend any rights under this agreement.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless ABEON, LLS, its affiliates, officers, directors, employees and representatives (collectively, the “ABEON” parties) from against any and all liabilities, claims, damages, losses, expenses (including reasonable attorneys’ fees and costs), and other losses arise out of or are related to: (i) your breach or alleged breach of the “Terms of Use” or these Terms (ii) your access to or use of the Site or alleged access to or use of the Site; (iii) your feedback; (iv) your violation of applicable laws or any rights of third parties; and (v) any actual or alleged fraud, intentional misconduct, gross negligence, or criminal acts committed by you or your agents. ABEON, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this provision, and you shall cooperate with ABEON, LLC in such defense.
DISCLAIMER OF WARRANTIES
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, THE SITE IS OFFERED WITHOUTH WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHERMORE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURCE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ABEON, LLC DOING BUSINESS AS KLENNE CHOICE NOR ITS AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY KNOWN AS ABEON, LLC PARTIES) SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SITE OR TERMS OF USE OR THESE TERMS. THIS LIMITATION OF LIABILITY ENCOMPASSES ANY CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR ABILITY OR INABILITY TO UTILIZE THE SITE, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ABEON, LLC PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES OR WHETHER SUCH DAMAGES WERE FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CUMULATIVE LIABILITY OF ABEON, LLC TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR THESE TERMS OF USE WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU PAID TO US FOR ACCESS TO OR USE OF THE SITE FOR THE PURCHASE OF OUR PRODUCTS AND UTILIZATION OF SERVICES. ABEON, LLC WOULD NOT PROVIDE THE SERVICES UNDER THESE TERMS WITHOUT THE INCLUSION OF SUCH LIMITATIONS.