1. Introduction

These Terms of Use (this “Agreement”) constitute a binding agreement between Accord Media, LLC and its affiliates and subsidiaries (collectively, “Accord”) and you with respect to all information, data, graphics, products, reviews, content, or other materials ordered, provided or otherwise accessible on or through the website, located at www.truthinaging.com, (hereinafter, collectively the “Website”), and your use of and access to our “Services” offered on the Website. The Website is an online community for people to discover, try, purchase and review beauty and personal care products (the “Services”). In this Agreement, “we”, “us”, “our” and other similar references mean Accord and “you” and “your” and other similar references mean a specific user of the Website. All capitalized terms shall have the meaning ascribed to each of them as set forth in the body of this Agreement.

IF YOU DO NOT AGREE TO THIS AGREEMENT (INCLUDING THE PRIVACY POLICY), THEN YOU SHOULD NOT USE THE WEBSITE. YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE WEBSITE, BECAUSE THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU SHOULD ALSO RETAIN A COPY OF THIS AGREEMENT (INCLUDING THE PRIVACY POLICY) FOR YOUR RECORDS. 

2. Your Account

You will need to register with Accord by creating an account on the Website in order to publish “Content” (as the term is defined below in Section 3) on the Website or obtain access to certain Services. This personal account (hereinafter, “Personal Account”) is solely for your personal and non-commercial use. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes.  When you register, you will obtain unique log-in credentials (a “Member ID”). Access to the Website and Services is not authorized by any other person or entity using your Member ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Website or use the Services has previously been terminated by Accord may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

Accord relies on Member IDs to know whether members accessing the Website and using our Services are authorized to do so. If someone accesses our Website or Services using a Member ID that we have issued to you, we will rely on that Member ID and will assume without incurring any liability whatsoever to you that access has been made by you. You are solely responsible, and irrevocably acknowledge and agree that Accord shall have no responsibility or liability whatsoever, for any and all access to the Website or use of the Services by persons using your Member ID. Please notify us immediately if you become aware that your Member ID is being used without authorization.

3. Rules Regarding Information and Other Content

When you use the Website, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Website by you such as text, images, audio, video, location data, and all other forms of data or communication. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Accord), and you agree not to post or use any Content in any manner that:

•  infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

•  violates the privacy, publicity, or other rights of third parties;

•  is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Accord in its sole discretion;

•  is false or inaccurate; or

•  could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

Though we strive to enforce these rules with all of our members, you may be exposed through the Website or Services to Content that violates our policies or is otherwise offensive. You may use the Website and Services at your own risk. We may, but are not obligated to, terminate Personal Accounts and/or remove Content from the Website if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending member(s). We take no responsibility for your exposure to Content on the Website whether it violates our content policies or not.

4. Conditional Use of Our Website and Services

Your permission to use the Website is conditioned upon your agreement that you:

•  are 18 years of age or older;

•  will comply with this Agreement;

•  will not copy or distribute any part of the Website in any medium without Accord’s prior written authorization;

•  will provide accurate information when creating a Personal Account or registering for our Services;

•  are solely responsible for your Member ID and the activity that occurs while signed in to or while using the Website using your Member ID;

•  will not use the Website to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;

•  will not use the communication systems provided by or contacts made on the Website for any commercial purposes;

•  are solely responsible for your Content submissions, including discussion posts, profile

information and links, pictures, and other such Content;

•  represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Accord to use any and all Content submitted by you to the Website in accordance with the licenses granted in this Agreement;

•  hereby grant each Accord member or user of the Website a non-exclusive license to access the Content you submit through the Website and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the Website’s functionality and under this Agreement;

•  will not submit Content that is copyrighted or subject to third party proprietary rights, including rights of publicity, data privacy and trade secrets, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to the Website; and

•  hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with this Agreement, remove any and/or all of your submissions, and terminate your account with or without prior notice.

5. Non-Confidentiality, Security and Privacy

You understand that much of the information that you submit to us, such as your product reviews, is submitted precisely for the purpose of disclosure in a variety of ways by Accord, and therefore such information is not subject to any confidentiality obligation. Other information, such as personal address information provided in connection with your purchase of beauty and personal care products and other merchandise on the Website is maintained with appropriate privacy and security protections. Any communications between you and Accord, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy located at http://www.truthinaging.com/privacypolicy.

6. General Rules of Member Conduct

It is our goal to make the use of our Website and Services a good experience for all of our users, so you agree not to do any of the following:

•  conduct or promote any illegal activities while using the Website or Services;

•  upload, distribute or print anything that may be harmful to minors;

•  attempt to reverse engineer or jeopardize the correct functioning of the Website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;

•  take any action that imposes, or may impose, in our sole discretion, an unreasonable or

disproportionately large load on Accord’s technology infrastructure or otherwise make excessive traffic demands of the Service;

•  attempt to gain access to secured portions of the Website or Services to which you do not possess access rights;

•  upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

•  use the Website or Services to generate unsolicited email advertisements or spam;

•  use any automatic or manual process to search or harvest information from the Website or Services, or to interfere in any way with the proper functioning of the Website and Services; or

•  impersonate another member.

7. Links to Third Party Websites; Third Party Content

We do not have control over third party websites that our Website may link to.  For example, the Website may contain links to third party websites that are not owned, operated, or controlled by Accord. We, therefore, cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them.  Additionally, we cannot and will not censor or edit the content of any third party website.  By using the Website you expressly relieve us from any and all liability arising from your use of any third party website or reliance on any content or other information available on any third party website.

Third party content may appear or be accessible through website links on or from this Website. We shall not be responsible for and assume no liability for any mistakes, errors, inaccuracies, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions or other representations in any such third party content appearing on or accessible from the Website. You acknowledge and agree that the information, views and opinions expressed in the third party content represent solely the thoughts of the author and are neither endorsed by nor do they reflect the belief of Accord. It is your responsibility to evaluate, assess and bear the risk associated with the use or reliance of any such content. Any and all references to any product, recording, event, process, publication, service or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Accord.

8. Manufacturer Responsibility

Accord markets and sells beauty and personal care products and acts solely in the capacity as a reseller and/or marketing agent in promoting such products on behalf of the manufacturers of such products and/or merchandise (“Manufacturers”). The foregoing Manufacturers (not Accord) are the supplier of the products and/or merchandise. As the supplier of the products, the applicable Manufacturer shall be fully responsible for any and all of your injuries, illnesses, damages, claims, liabilities and costs suffered in any and all respects, caused in whole or in part by the products and/or services (and your use thereof) purchased on the Website by you.

9. No Medical or Professional Advice

All material, information other content posted or accessible on the Website is intended to be used for personal educational or informational purposes only.  The statements made about products have not been evaluated by the U.S. Food and Drug Administration.  The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.  All products purchased from the Website should be used strictly in accordance with their instructions, precautions and guidelines.  You should always check the ingredients for products to avoid potential allergic reactions.  Use of the Website is not meant to serve as a substitute for professional medical advice.  Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them.  Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.  Accord does not give or intend to give any answers to medical related questions and the Websites does not replace any medical professional or medical resource. Accord does not represent itself as a physician nor is this implied.  No prescription medications or medical treatments are intentionally provided on the Websites.  IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

10. Termination

We may change or discontinue the Website or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Website and Services.