Please Read These Terms Carefully Before Using This Site

The materials on this website (the "site") are provided by SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC., (the “company or companies”) or sales and marketing partners as a electronic commerce service to its customers and may be used for informational purposes only. SECURE, ELECTRONIC Wholesale & Retail purchases of Nel’s Laboratories, Inc formulated products, and other related vendor merchandise may be obtained in using this site.

1. Acknowledgement and Acceptance of Terms of Use. This Service is offered to you conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be stated on the SMOOTHER SKIN DIRECT.COM Website (the “Site”) managed in partnership with NEL’S LABORATORIES, INC., the Company (together collectively, the "Terms"). The following Terms govern your access to and use of the SMOOTHER SKIN DIRECT.COM website.. Your use of the Service constitutes your agreement to all such Terms.

If User is using the Service on behalf of User's employer, User represents that it is authorized to accept these Terms on its employer's behalf. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new the Company resources and services. In the case of any violation of these rules and regulations, the Company reserves the right to seek all remedies available by law and in equity for such violations. 

2. Privacy Policy. Information collected by the SMOOTHER SKIN DIRECT.COM and NEL’S LABORATORIES, INC. about Users will be treated in accordance with our privacy policy. This Privacy Policy can be found at www.smootherskindirect.com/privacy.

3. Modifications to the Website. The SMOOTHER SKIN DIRECT.COM and NEL’S LABORATORIES, INC.  reserves the right to modify or discontinue all or part of the website, temporarily or permanently, with or without notice to User, and is not obligated to support or update the website. The amended Terms shall be effective immediately after they are initially posted on the Site. User's continued use of the website after the posting of the amended Terms on the Site constitutes User's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that SMOOTHER SKIN DIRECT.COM and NEL’S LABORATORIES, INC shall not be liable to User or any third party in the event that SMOOTHER SKIN DIRECT.COM and NEL’S LABORATORIES, INC exercises its right to modify or discontinue all or part of the website.

4. Modification of Product Prices. SMOOTHER SKIN DIRECT.COM and NEL’S LABORATORIES, INC reserves the right, in its sole discretion, to change User pricing without any notice.

5. Credit or Debit Card Charges. By electing to purchase products and subscription-based automation of products, you warrant that all information you submit is true and accurate (including without limitation your credit card number and expiration date) and you agree to pay all subscription fees you incur plus all applicable taxes.
RETURNS: (a) Unused product returns in the original packaging will require an Return Authorization number (“RA”), and may be subject to a restocking fee of %10, which may be obtained by contacting customer service. A refund to the credit card account number used in the original transaction will be credited with 15 days of the verified return of the unused product. Only the purchased price, and applicable sales tax will be refunded. Shipping charges are not refundable. (b) Used products being returned due to dissatisfaction with product, will also require an RA number (obtained by contacting customer service). No re-stocking fee will be assessed on such returns, as the used product is tested, and destroyed. All applicable taxes and shipping will be refunded. A refund to the credit card account number used in the original transaction will be credited with 15 days of the verified return of the used product return for product dissatisfaction.

5(A). Smoother Skin Cream Club Subscriptions. The Smoother Skin Cream club is a subscription based service whereby the user registers to have products shipped directly to them monthly, bi-monthly, or quarterly. If the payment method for your account is not received from the card issuer or its agents, you agree to pay all amounts due upon demand. Each time you use the Service, or allow or cause the Service to be used, you agree and reaffirm that SMOOTHER SKIN DIRECT.COM is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with the Service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that SMOOTHER SKIN DIRECT.COM may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the Company may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

5 (B). Smoother Skin Cream Club Subscription CANCELLATION. The user may cancel the subscription for monthly, bi-monthly, or quarterly shipment of the requested products as ANY TIME IN WRITING. All charges to your credit or debit check card will cease immediately.
 (Note: SMOOTHER SKIN DIRECT.COM takes no responsibility for contacting you prior to charging your designated credit card for your recurring product purchase fee.) If you have any questions regarding any charges that have been applied to your account, you must contact the Customer Service Department within 30 days of the charge date.

6. Payment. The SMOOTHER SKIN DIRECT.COM reserves the right to suspend or terminate your product subscription account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to SMOOTHER SKIN DIRECT.COM when SMOOTHER SKIN DIRECT.COM believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company.

7. Links. Links provided on this site are provided solely as a convenience to you and the provision of any such link does not constitute our endorsement of that site or its provider or of any of the content, products, or services contained or offered therein. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. You further agree that we have no liability whatsoever from such third party sites and your usage of them.

8. Intellectual Property Rights. User acknowledges that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Service ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by SMOOTHER SKIN DIRECT.COM and NEL’S LABORATORIES, INC.. These Terms do not transfer any right, title, or interest in the Service, Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by SMOOTHER SKIN DIRECT.COM and NEL’S LABORATORIES, INC. User agrees not to use or divulge to others any information designated by SMOOTHER SKIN DIRECT.COM and NEL’S LABORATORIES, INC. as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.

9. Trademark Information
“Nel’s Smoother Skin Cream”, “Smoother Skin Cream”, “Nel’s”, are trademarks or registered trademarks of Nel’s Laboratories, Inc. in the United States and other countries. Use of the terms "Nel’s", "Smoother Skin",  and "Smoother Skin Cream", to describe the specialty product directly associated with the prevention, alleviation, and treatment of the skin condition called Pseudo Folliculitis Barbae, commonly referred to as “razor bumps” is strictly prohibited as an infringement of Nel’s Laboratories, Inc. trademark.
Fair use of Nel’s Laboratories, Inc. Trademarks in advertising and promotion of Nel’s Laboratories, Inc products require proper permission, and acknowledgment.

10. Patent Protection
Nel’s Laboratories, Inc. products are protected by one or more of the following U.S. patents and other patents: Patent #4,463,016.

11. Disclaimer. Disclaimer
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC.  and its sales and marketing partners further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC.  may make changes to these materials, or to the products described therein, at any time without notice. SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC. makes no commitment to update the Materials.

12. Limitation of Liability. As a condition of use of the Service, and in consideration of the services provided by SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC., User agrees that neither SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC., nor any officer, affiliate, director, shareholder, agent, contractor or employee of SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the website or Content; including but not limited to any of the following:

a. Reliance. The use of the website by the User, including but not limited to damages resulting from or arising from User's reliance on the website, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Service.

b. Termination. The termination of User's use of the website by SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. pursuant to these Terms.

c. Infringement. Any allegation, claim, suit, or other proceeding based upon a contention that the use of the website by a User or a third party infringes or misappropriates the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.

d. Force Majeure. Any delay or failure of the Company to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC.’s control.
The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. and its affiliates, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. ‘s PRODUCTS OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FAILURE OF THE SITE TO STORE USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC. AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND THE PRODUCTS OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE WEBSITE IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$100.00. YOU HEREBY RELEASE SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC. FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER CERTAIN CIRCUMSTANCES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER, IN WHOLE OR IN PART.

13. No Resale of the Site. User agrees not to reproduce, duplicate, copy, sell resell, exploit or make any commercial use of or access to the Service, without the express written consent of SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC.

13. Lawful Use. User agrees that use of the site is subject to all applicable national, state, and local laws and regulations, and that User is solely responsible for the contents of its communications through the Service. User agrees that it shall not distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (1) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC.’s rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, facsimiles, any other form of unauthorized solicitation, or any form of lottery or gambling; (5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (6) impersonates any person or entity, including any of our employees or representatives.

14. Indemnification. User will defend, indemnify and hold harmless SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
User acknowledges that SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC. has no control over the content of information transmitted by User or User’s customers and that SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC. does not examine the use to which User or User's customers put the website or the nature of the information User or User’s customers send or receive. User hereby indemnifies and holds harmless SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC., its stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by User or User's users.

15. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

16. Termination of this User License.  SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC. may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the Materials.

17. Severability. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. ‘s failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches.

18. Confidentiality. Through use of the website, the Company may disclose or make available to the User Confidential Information (as defined below) in connection with the activities contemplated hereunder. User agrees that during the Term of this Agreement and thereafter (a) it shall provide at a minimum the same care to avoid disclosure of unauthorized use of confidential information as is provided to provide its own similar information, but in no event less than a reasonable standard of care; (b) it will use Confidential Information belonging to the other solely for the purposes of this Agreement and (c) it will not disclose Confidential Information belonging to SMOOTHER SKIN DIRECT.COM  AND NEL’S LABORATORIES, INC. to any third party (other than its employees and/or consultants reasonably requiring such Confidential Information for purposes of this Agreement who are bound by obligations of nondisclosure and limited use at least as stringent as those contained herein) without the express prior written consent of SMOOTHER SKIN DIRECT.COM  AND NEL’S LABORATORIES, INC.. User will promptly return to the disclosing Party upon request any Confidential Information of SMOOTHER SKIN DIRECT.COM AND NEL’S LABORATORIES, INC. SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. will not monitor, edit, disclose, sell, rent, license, exchange, or release any of your personally identifiable information without your explicit consent . If SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC. transfers assets or has any change in control, user information may be transferred to the entity that acquires such assets or control of SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC..

For purposes of this Agreement, "Confidential Information" means, with respect to SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC., any and all information in written, representational, electronic, verbal or other form relating directly or indirectly to the present or potential business, operation or financial condition of the Company (including, but not limited to, information identified as being proprietary and/or confidential, pricing, marketing plans, customer and supplier lists, service data, and any information which might reasonable be presumed to be proprietary or confidential in nature) excluding any such information which: (i) is known to the public (through no act or omission of the Company in violation of this Agreement); (ii) is lawfully acquired by the Company from an independent source having no obligation to maintain the confidentiality of such information; (iii) was known to the Company prior to its disclosure under this Agreement; (iv) was independently developed by the Company; or (v) is required to be disclosed by governmental or judicial order.

19. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the state and federal courts located in Duval County, Florida. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

20. Ownership of Materials. Materials are copyrighted and are protected by United States copyright laws. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without SMOOTHER SKIN DIRECT.COM  OR NEL’S LABORATORIES, INC. ‘s prior written permission. Except as expressly provided herein, SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC. and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by SMOOTHER SKIN DIRECT.COM OR NEL’S LABORATORIES, INC. in writing or incorporated elsewhere in the Materials.