Restrictions on Use and Ownership
All pages within this Web site and any material made available for download (collectively the “Site”) are the property of The Michaud Company, Inc.  (DBA “Michaud Cosmedix”) and/or its subsidiaries, affiliates, vendors, and licensors.  Michaud Cosmedix grants you a nonexclusive license to use the Site solely for your personal, non-commercial use.

The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Michaud Cosmedix, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices.

Copies of These Terms and Conditions; Updates
You may print a copy of these Terms and Conditions using the print button or feature in your browser.  We suggest retaining a copy for your future reference.  You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Site agree to be bound by future revisions.  It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions.  You may use your browser to print copies of any updated Terms and Conditions.

Customer Privacy
For information about customer privacy, please see our Privacy Policy

Your Account
You may choose to register at our Site. If you do, you will be required to provide an email address/username and password for your account. You are solely responsible for maintaining the confidentiality and security of your username and password.  You are responsible for all activities that occur under your account, username, and/or password. You agree to provide only accurate, truthful information.  We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Michaud Cosmedix’ best interests to do so.

Trademark Notice
“Michaud and Pretty Potion” are the trademarks and servicemarks of Michaud Cosmedix.  All other trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MICHAUD COSMEDIX AND ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

Limitation of Liability
MICHAUD COSMEDIX AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Accuracy and Integrity of Information
Although Michaud Cosmedix attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site.  It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.  In the event that an inaccuracy arises, please inform Michaud Cosmedix so that it can be corrected.  Information contained on the Site may be changed or updated without notice.

Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

The availability of products and other items on the Site may change at any time, without notice.

The pricing for products and other items in your shopping cart may change from the time they were originally placed in the cart.  Always review pricing for your products at the time of checkout.

Product Resale Prohibited
The products, services, and even the samples we provide through the Site are for your personal use only and may not be resold.  We reserve the right to decline or limit orders from users suspected of reselling.

Your Communications
Unless otherwise indicated in this Site or in connection with one of our services, any communications or material of any kind that you e-mail, post, or transmit through the Site, including, questions, comments, suggestions, and other data and information (your “Communications”) will be treated as non-confidential and non-proprietary.  Subject to our Privacy Policy, you grant Michaud Cosmedix a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes.  We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications.

Links or Pointers to Other Sites
Michaud Cosmedix makes no representations whatsoever about any other Web site that you may access through this Site.  When you access a non-Michaud Cosmedix site, please understand that it is independent from Michaud Cosmedix, and that Michaud Cosmedix has no control over the content on that Web site.  In addition, a hyperlink to a non-Michaud Cosmedix Web site does not mean that Michaud Cosmedix endorses or accepts any responsibility for the content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Notices of Copyright Infringement
As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the Site:

Todd L. Boudreau
Foley & Lardner LLP
111 Huntington Avenue
Boston, MA 02199-7601
Tel: 617-342-4087
Fax: 617-342-4001

If you believe the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

- A physical or electronic signature of the copyright owner or authorized agent;

- Identification of the copyrighted work(s) claimed to have been infringed;

- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

- Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);

A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

- A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Choice of Law; Arbitration
These Terms and Conditions are entered into in the State of Massachusetts and shall be governed by and construed in accordance with the laws of the State of Massachusetts, exclusive of its choice of law rules.  Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then applicable.  One arbitrator will be selected by the parties’ mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost effective resolution of disputes.  Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof.  The arbitration will take place in Boston, Massachusetts.  Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction.  In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees.  In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Entire Agreement
Except as provided below, these Terms and Conditions constitute the entire agreement between Michaud Cosmedix and you pertaining to the subject matter hereof.  In its sole discretion, Michaud Cosmedix may from time-to-time revise these Terms and Conditions by updating this posting.  You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound.  Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.