This Website and its products are owned and operated by MRVL SkinSolutions Inc. d/b/a MRVLstore, (collectively “MRVL”, “Company”, “We”, and “Our”). The term “Website” refers to any Website operated by the Company or its Affiliates. The term “Product” refers collectively to any MRVL products manufactured and sold by by the Company whether the purchase is made on any one of our Websites, Affiliate Websites, by phone, or third-party. The terms “You”, “User”, “Customer” and “Purchaser” refer to individuals using the Company’s Websites, Affiliate Websites, or purchasing of any Products manufactured by the Company.
The Company reserves the right to update or modify these Terms and Conditions at any time, at our sole discretion, and/or according to new circumstances that may arise as a result of legal, market, technological or other changes. Consequently, we encourage all Users to review this Agreement frequently to ensure your continued understanding, knowledge, acceptance, and compliance with them.
Your use of this Website shall represent your legally binding consent to this Agreement and shall be enforceable in the same manner as signing this Agreement. Any User who does not accept or/and agree to abide by all of these Terms and Conditions as listed herein does not have the legal right to our Websites. If you do not consent to be bound by the Terms of this Agreement, immediately discontinue use of this Website, do not place an order, and refrain from using any MRVL Product.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
In order to use this Website, you must be 18 years or older and have the power to enter into a binding contract with us, must not be barred from doing so under any applicable laws. This Website is not intended for children, and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
PAYMENTS AND PAYMENT PROCESSING
By clicking “Order Now” or placing an order by phone, through the Company Website, or from a third party, the User agrees to these Terms and Conditions.
The User understands that he/she will be charged for shipping and handling as displayed at check-out and that payment must be received prior to shipment.
The User further understands that orders will be processed and shipped within 2-4 business days and that most packages arrive within 3 to 4 business days after shipping.
NO MEDICAL ADVICE
Statements on our Websites have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. Please consult your physician before using any Products. If there is a change in your medical condition, please notify your physician immediately. While clinical studies were not performed on our Product as named, the ingredients of the Product have been tested to provide results as specified.
USER IDENTIFICATION AND VERIFICATION
APPROPRIATE AND PERMITTED USE OF THIS COMPANY WEBSITE
Users may not, under any circumstances, use this Company Website to contribute, post, or transmit any material of infringing, threatening, abusive, hateful, harassing, libelous, inflammatory, obscene, indecent, pornographic, or profane nature that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
If you have not received your order within 14-days from your purchase date, please alert Customer Service at 1-888-655-MRVL (6785). If you entered the wrong shipping address, you may be subject to an additional shipping and handling fee to reship your order. To manage your order, contact Customer Service at 1-888-655-MRVL (6785).
CANCELLATION, REFUND, AND RETURN POLICY
Please read all information carefully before placing an order. We take great pride in the superior quality of our Products and want you to be pleased with your purchase. We believe in offering the very best value, quality, and selection to our customers. To that end, the Company offers a 30-day money-back guarantee, less shipping and handling costs, on your satisfaction of Products purchased from the Company Website. Should you wish to cancel an order or return a product for a refund, the following applies.
Within the 30-day money-back guarantee period:
Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so your order is immediately sent to processing, and then shipping. Due to the high volume of orders we receive, we are unable to cancel an order after it is submitted.
If you would like to cancel your order, please contact Customer Service 1-888-655-MRVL (6785) to obtain a Return Merchandise Authorization (RMA) number to return your Product. Return the unopened product in its original container. Return shipping expenses are the responsibility of the customer.
If you are not satisfied with the Product(s) that you ordered from our Website, please contact Customer Service at 1-888-655-MRVL (6785) to obtain a Return Merchandise Authorization (RMA) number. Return the unused portion of the product in its original container to the address provided. Return shipping expenses are the responsibility of the customer. Returns must be shipped within 30-days of Product delivery.
After the returns center verifies your return was purchased from the Company Website or call center and returned within the 30-day refund period, a refund (less shipping and handling costs) will be processed within 2-4 business days. Please be advised that it may take up to 10 days to appear on your credit card statement depending on the bank where the credit card was issued.
To process a refund, you must provide the Company with your name and delivery address. If you provide incorrect information, your refund may be delayed.
To inquire about a refund, or the status of a refund, please contact Customer Care at 1-888-655-MRVL (6785).
After the 30-day money-back guarantee period:
The Company does not issue refunds for any Products returned after the 30-day refund period has expired.
After the 30-day refund period, your purchase will be deemed a valid sale, per the terms of this Agreement.
Additional return information:
The Company cannot process refunds for packages marked “Return to Sender.”
The company cannot process refunds for purchases that were not made from the Company Website or call center.
Refunds, less shipping and handling, will be issued to the same credit card that was charged when ordering the Product.
To ensure your refund is processed expeditiously, please obtain a RMA number from Customer Service and return the unused portion of your Product in its original container to the following address:
MRVL Skin Solutions Inc.
8322 Beverly Blvd. Suite 204 Los Angeles, CA 90048
We are not responsible for lost or stolen items. We recommend you mail all returned items using a delivery confirmation system. If your return is not received, we cannot issue a refund.
If you believe that you have been billed improperly, please notify our Customer Service department at 1-888-655-MRVL (6785).
GUARANTEE OF RESULTS
Our information, online specialists, Website, and staff make every effort to provide you with accurate information.
The Company makes no guarantee that you will achieve the same outcomes as those reported by the independent consumer testing panel. Individual results may vary, and it is up to you to use the product as intended.
If you are not satisfied with the Product or results, you may return the Product within the 14-day trial period for a refund of your purchase price, less shipping and handling. Refer to the terms outlined in #6 above.
INDEMNIFICATION AND HOLD HARMLESS
User agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents, affiliates and representatives from and against any claim, cause of action or demand, including but not limited to reasonable legal, accounting and other professional fees that may result from:
your use of the Website;
information you submit or transmit through the Website;
privacy, tort, or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to MRVL that is not owned by you, in contravention of this Agreement;
your breach of this Agreement.
Company will notify Users of any such claim, suit, or proceeding in a timely manner.
User agrees that, should any dispute with a third party result from or arise in connection with the use of this Website or Company publications or services, the User will indemnify and hold harmless the Company, its employees, representatives, agents, or others acting on its behalf, from any liability resulting from any legal action, claim or dispute arising from our in connection with your use of the Company’s Website, Products, and/or services under this Agreement.
CORPORATE LIABILITY LIMITATIONS
The User understands and acknowledges that the Company has no control over the quality, safety, or legality of the content or information submitted by Users on our Website. Because it is not feasible to authenticate Users on the Internet, the Company cannot and does not verify or confirm that each User is, in fact, who he or she purports to be (see also #4, User Identification and Verification, herein).
The User agrees to release the Company, its agents, employees, and affiliates from any or all claims, demands and damages actual and consequential, direct and indirect, express and implied of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, any disputes between or among Users of this Company Website, Products and services.
The Company shall not be responsible for any inaccuracies or typographical errors, and does not make any representation about the accuracy, reliability, completeness, or timeliness of either our Website or the material contained on it.
The Company expects and assumes that Users will exercise caution and demonstrate common sense when using this Company Website and Products.
Anyone using this Company’s Website and its content does so at his or her own risk. The User is solely responsible for the content submitted on any and all forms or documents available to the User on the Company Website.
Although the Company makes every effort to provide timely and accurate information, the law is constantly changing. Users of our Websites are solely responsible for the accuracy and correctness of all information they provide to complete any documents and forms on the Website.
The User understands and agrees that the Company, its officers, employees, agents, partners, and others acting on its behalf, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from:
the use or inability to use this Website,
unauthorized access to or alteration of the User’s transmissions or data,
any statements or conduct made by any third party, or
any other matter relating to this Company Website or Company Product.
LIABILITY DISCLAIMER, COMPUTER SOFTWARE AND INTERNET COMMUNICATIONS
The User agrees that the Company shall not be held responsible for late, lost, incomplete, illegible, misdirected or stolen email; unavailable network connections (cable or phone modem); failed, incomplete, garbled or delayed data transmissions; online failures; hardware, software or other technical malfunctions; disruptions or disturbances; or any other communications failures or circumstances that may affect, disrupt or corrupt communications.
The Company assumes no responsibility and shall not be held liable for any damages to, or viral infection of, your computer system, network or other property on account of your access to, browsing of, or use of our Website or the downloading of any materials, data, text, graphics, or other material. Any material that you download or otherwise obtain through our service or Website is at your own risk and discretion. The User is solely responsible for any damage to his/her computer system or any loss of data that may result from the downloading such material.
Under no circumstances will the Company be liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits, savings, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability or otherwise, which may arise out of or in any way whatsoever connected to the use of or access to our Website content or services, any failure, delay or inability to use our service, cost of procurement of substitute services, unauthorized access to/alteration of your transmissions or data, statements or conduct of any third party on the service, whether or not we are advised of the possibility of such damages by you or another party.
Except as explicitly provided in this Agreement, the Company makes no representations or warranties of any kind, express or implied, concerning our Website and/or its materials, all of which are provided on an “as is” and “as available” basis.
Company expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, as well as those arising by statute or otherwise in law or from a course of dealing or usage of trade.
BREACH, REVOCATION AND RIGHT OF REFUSAL
Failure to abide by any of the Terms of this Agreement may be considered a material breach of contract. In such case, we reserve the right to immediately terminate or deny the User the right to our Product and services.
The Company reserves the right to cancel, deny, or refuse service at our sole option and discretion in the event that you have supplied us with information that we find to be false, misleading, or that conceals or omits any details that could influence the services we provide to you or Products available to you.
The User understands and agrees that the Company shall not be held liable for any losses or damages that may result from our refusal to provide you our Products or services.
The Company may act, at its discretion, with respect to user-submitted information that we deem necessary or appropriate if we believe it may result in potential liability for us or that it may cause us to lose, in whole or in part, the services of Company’s Internet Service Provider (ISP) or other suppliers.
CHANGES, REVISIONS AND MODIFICATIONS
PRIVACY OF USER INFORMATION
WEBSITE SECURITY AND SECURITY OF USER INFORMATION
Data Security – The Company takes appropriate and necessary measures to protect all data that contains information related to the User.
The User hereby waives all claims of any nature against the Company concerning the loss, alteration, or misuse of any such data or information.
Although we make every effort to ensure the safe use of this Website, we recommend that you install a firewall and an antivirus program on your computer.
Cookies – In order to maximize your surfing experience, the User or member agrees to set your firewall and A/V security to accept all cookies from Company.
Secure Server – The Company, through this website, provides the Users with a secure environment for use of our services and purchase of our Products. This Company Website is hosted on a secure server to ensure that all financial transactions are secure.
Anti-Spam Policy – The Company does not tolerate spam in any form.
By providing information to this Company Website that forms the basis of our communication with you (e.g., email address) you waive all rights to file complaints concerning unsolicited email or spam from this Website since, by providing such information, you agree to receive communication from us or other marketing organizations.
All such email communication with you shall contain an ‘unsubscribe’ link where you may notify the Website that you no longer wish to receive solicitations or information from the Website, and your name will be removed from the general solicitation database.
Any User who receives spam from another Company User or Customer should report this to Company immediately by calling Customer Service.
If it is proven that any User or client engages in spam activity, the Company will suspend that User or client’s account, notify them of the problem immediately, and enforce our anti-spam policy to the full extent as provided by law.
Anti-Phishing Policy – E-mail spoofing or phishing allows hackers to send messages to people with information that looks like it came from the official company.
The User understands and agrees that it is possible for your personal data to be obtained by “hackers” and used in an inappropriate manner, such as phishing, that may cause you harm. Such practices are illegal and the Company will enforce and prosecute identified offenders to the full extent provided by law.
The Company, its employees, or representatives acting on its behalf will never request your password, name, address, or other such information.
The User shall be solely responsible for any damages you may incur as a result of such hacking or phishing scams.
Company Website Security – Users are prohibited from engaging in any activity that violates or attempts to violate the security of this Company Website, including (but not limited to): accessing data not intended for your use; logging into servers or accounts for whose use you are not authorized; trying to probe, test or scan the system or networks vulnerability or to breach security measures or authentication procedures without authorization; attempting to interfere with service to any user, host or network, submitting a virus, worm, or any other software, overloading the system, crashing or spamming; sending unsolicited email, including promotions/advertisements of products or services; falsifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting or impersonating someone else.
Company Website Functionality – Users are prohibited from using any software, device, search engine, or other action that may interfere with the proper functioning of this Website or any business activity being conducted on it.
Navigating or searching this Website by any means other than the navigation tools provided on our Company Website or by such reputable third-party web browsers is prohibited.
Any attempt to decipher, decompile, reverse engineer or otherwise interfere with any of the software is prohibited.
Violations – Any security violations of our computer and internet system or network may result in civil or criminal prosecution. The Company will investigate and/or report any and all such occurrences to the proper law enforcement authorities and cooperate fully with them in prosecuting users who perpetrate or participate in such violations. Anyone engaging in such prohibited activity shall be held responsible and liable for any and all damages that may result from such prohibited activity to Company and any of its employees, agents or representatives; any other users of this Company Website or other parties that may be adversely affected by such prohibited activity.
DISPUTES AND DISPUTE RESOLUTION
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association.
The arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
ARBITRATION AND DISPUTE RESOLUTION
You and the Company each agree that any and all disputes, controversies, or claims arising out of or relating to these Terms, your use of or access to this Website, Company Products or services, or any other items obtained through the Company Website shall be resolved exclusively through final and binding arbitration rather than in court. Hearings will take place in Los Angeles, CA.
Specifically, you hereby agree to waive all rights and claims to a trial by jury.
Customer satisfaction is Company’s number one goal. To that end, the Company is committed to resolving disputes with its customers in a fair and efficient manner. Prior to commencing any arbitration related to this Agreement, you agree:
If you have a dispute with Company, you will first contact Company’s Customer Service department at (888) 655- MRVL (6785). It is important that you provide as much information as possible.
If the Company’s Customer Service department is unable to achieve a satisfactory resolution, then you will notify the Company, in writing, by sending your written complaint by certified mail to: MRVL Group, 1 King St. W., Toronto, Ontario M5H 1A Canada.
A Company representative will respond within thirty (30) days of receiving your written notice.
If the matter is not resolved to your satisfaction, then you agree to begin arbitration by submitting a Demand for Arbitration to the American Arbitration Association (“AAA”). The Demand for Arbitration and the AAA’s rules are available at www.adr.org.
The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement to arbitrate or the Terms is void or voidable.
The arbitrator will decide the substance of all claims in accordance with the laws of the state of California. The arbitrator’s award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in a court having jurisdiction thereof.
You and the Company each may only bring claims against the other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding unless both you and company acknowledge and agree that the waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims.
If the waiver is limited, voided or found unenforceable, then the parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the waiver.
Unless you and Company agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. Any relief awarded cannot affect other company users.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate.
Any request for payment of fees by Company should be submitted by mail to the AAA along with the Demand for Arbitration. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse the Company for all fees associated with the arbitration paid by the Company.
You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify Company in writing within 30 days of the date that you first access this site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Company through arbitration. Written notification should be mailed by certified mail to: MRVL Group, 1 King St. W., Toronto Ontario M5H 1A1 Canada.
GOVERNING LAW AND CONSENT TO JURISDICTION
This Agreement and its performance are governed by the laws of the State of California. The User hereby consents and submits to the exclusive jurisdiction of the courts located in the State of California to resolve all disputes that may arise out of or are related to the use of Company under this Agreement. The User agrees that the applicable law to be applied shall, in all cases, be that of the state of California.
You agree to indemnify, defend, and hold the Company and each of its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives (“Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from:
your breach of any of these Terms;
any allegation that any information you submit or transmit to the site infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party;
any federal, state, or county tax obligation or amounts due or owed under any tax regulation, law, order or decree or any dispute concerning the tax status of Company;
your acts or omissions in connection with your use of this Website; and
any claim brought by a third-party (a “Third Party Claim”) against any of the Indemnified Parties in respect of which recovery may be sought under clauses a-d above. These indemnification provisions shall survive any termination of this Agreement.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
No Warranty – The Company Website, materials on the Website, and any Product or service obtained through the Website is provided “as is” and without warranties of any kind, either expressed or implied.
The Company disclaims, to the fullest extent permitted under applicable law, all warranties, express or implied, with respect to the site, the materials, and any product or service obtained through the Website, including, without limitation, implied warranties of title, non-infringement of third party rights, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing or usage of trade.
The Company does not warrant that your use of the Website will be uninterrupted, error-free or secure, that defects will be corrected, or that the site is free of viruses or other harmful components. You assume all responsibility and risk for your use of the Website and your reliance therein.
The Company is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. Your use of the Website and any materials provided through the Website are entirely at your own risk. You should use your best judgment and exercise caution where appropriate.
No Medical Advice – The Website provides data for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the Website for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use.
Limitation of Liability – Neither the Company nor any other indemnified party are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business or lost profits) under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site, the materials on the site or any product or service obtained through the site. Without limiting the foregoing, you expressly acknowledge and agree that company and any other indemnified party shall have no liability or responsibility whatsoever for:
any action of another user to the site;
personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to and use of the Website, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of company;
any unauthorized access;
any interruption or cessation of transmission to or from the Website;
any bugs, viruses, worms, defects or other items of a destructive nature which may be transmitted to or through the Website by any third party;
any error, mistake, inaccuracy or omission in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials available through the Website; and/or
any lost, stolen or damaged products.
Remedy – Your sole and exclusive remedy for dissatisfaction with this Website is to stop using it. The maximum liability of the Company, and any other indemnified party, and your sole and exclusive remedy for all damages, losses suffered by you, and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by you, if any, to access the Website. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
ALLOCATION OF RISK
You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this Agreement reflect such allocation of risk.
You are responsible for any and all legal fees incurred by you, and the Company associated with your disputed charges and chargebacks for purchases made on the Company Website.
The Company has the right, in its discretion, to modify, suspend or discontinue any part of this Website at any time, with or without notice.
ACCESS TO THE SITE
The Company, in its discretion, with or without cause, and without prior notice, may terminate your access to the Website.
Following termination, you will not be permitted to use the Website and the Company may, in its discretion, cancel any outstanding Product orders.
If your access to the Website is terminated, the Company reserves the right to exercise any means it deems necessary to prevent unauthorized access to the Website, including, but not limited to: technological barriers, IP mapping, and direct contact with your Internet Service Provider.
The Terms and Conditions will survive indefinitely unless and until the Company chooses to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
The Company will not be held liable for its inability to perform its obligations by reason of any act of God, fire, earthquake, hurricane, tornado, substantial snowstorm, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by Company ‘s default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under Company’s control.
The User is responsible for paying any sales taxes that may be applicable.
These Terms and Conditions represent understanding and Agreement between you and Company regarding the use of this Website and conditions of purchase and supersedes all prior and contemporaneous agreements and understandings between you and Company relating thereto.
No agency, partnership, joint venture, or other relationship is intended or created by your use of this Website.
If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.
You can reach us by email at [email protected] or you can call us toll-free at 1-888-655-MRVL (6785), M-F, 9 am – 5 pm EST. You may also mail returns to the address listed below. Please note that messages become our property and, unless you direct otherwise, may be used by us for promotional purposes.
MRVL Skin Solutions Inc.
8322 Beverly Blvd. Suite 204 Los Angeles, CA 90048