Terms and Conditions

HTTPS://WWW.DEFENAGE.COM/ (THIS “WEBSITE”) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS (THE “TERMS”) AND THE PRIVACY POLICY (THE “PRIVACY POLICY”) OF PROGENITOR BIOLOGICS LLC, A NEVADA LIMITED LIABILITY COMPANY, AS A WHOLLY-OWNED SUBSIDIARY OF MEDICELL TECHNOLOGIES LLC, A NEVADA LIMITED LIABILITY COMPANY (COLLECTIVELY, “DEFENAGE” OR “COMPANY”) WHICH IS INCORPORATED HEREIN BY REFERENCE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. ANY ACCESS TO THE WEBSITE IS AT A USER’S OWN RISK. THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

THE TERMS CONTAIN A DISPUTE-RESOLUTION CLAUSE. PLEASE SEE SECTION 8 BELOW. ANY BUSINESS RELATIONSHIP WITH DEFENAGE IS ALSO SUBJECT TO THE TERMS OF DEFENAGE’S SPECIFIC CONTRACTS AND RELATED TERMS, COPIES OF WHICH ARE AVAILABLE UPON REQUEST AND ALSO PROVIDED AT EXECUTION, OR PERIODICALLY THEREAFTER.

YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING ANY CHANGE IN THESE TERMS OR THE PRIVACY POLICY AS POSTED ON THE WEBSITE SHALL CONSTITUTE YOUR CONTINUED AGREEMENT TO BE BOUND BY THE CHANGED OR AMENDED TERMS AND THE PRIVACY POLICY.

1. Restrictions on Use. All pages within this Website and any material made available for download are the property of Defenage and/or its affiliates. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Defenage. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by Defenage.

2. Trademark Notice. Any Company logos, trademarks, and service marks are our sole property. All other trademarks, service marks and logos used in this Website are the trademarks, service marks or logos of their respective owners. The use of other marks does not imply endorsement, affiliation with, or sponsorship by their respective owners. Nothing contained on this Website should be construed as granting any license or right to use any trademark displayed on the Website without the written permission of its respective owner.

3. Website Warranty Disclaimer.THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-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, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

   DEFENAGE, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.

   Without limiting the breadth of the foregoing disclaimers, we shall not be liable for any service interruptions or failures caused by force majeure events, including but not limited to natural disasters, acts of war, terrorism, significant internet infrastructure failures, governmental actions, or other events outside our reasonable control. In such events, our service level commitments will be suspended for the duration of the force majeure event. Additionally, while Defenage attempts to monitor the integrity and accurateness of the Website, it makes no representation or guarantee whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Defenage so that it can be corrected. Information contained on the Website may be changed or updated without notice. Finally, we reserve the right to perform emergency maintenance or updates on the website or services without prior notice when necessary to ensure the security, stability, or proper functioning of the system. Such emergency maintenance may result in interruptions of service.

4. Products Limitation of Liability and Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEFENAGE AND ITS AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR ANY PRODUCT OR USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, LIABILITY FOR A PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. IN NO EVENT WILL DEFENAGE OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF PRODUCTS OR MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DEFENAGE AND ITS AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY.

   OTHER THAN THE RETURN AND REFUND POLICY SET FORTH IN THESE TERMS, DEFENAGE AND ITS AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THE PRODUCTS OR MERCHANDISE AVAILABLE FOR SALE ON THE WEBSITE. EACH PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, DEFENAGE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT CALIFORNIA'S CONSUMER WARRANTY LAWS APPLY IN ANY TRANSACTION AND PREVENT DISCLAIMER, THE IMPLIED WARRANTIES REQUIRED THEREBY ARE NOT DISCLAIMED BUT ARE LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY APPLICABLE LAW.

5. Proprietary Information. Defenage does not want to receive proprietary information from you through the Website. By sending Defenage any proprietary information or material, you grant Defenage, to the maximum extent permitted by law, a non-exclusive, perpetual, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute that information or material, and you also agree that Defenage is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

6. Links or Pointers to Other Sites. Defenage makes no representations whatsoever about any other website that you may access though this Website. When you access a non-Defenage Website, please understand that it is independent from Defenage, and that Defenage has no control over the content on that website. In addition, a hyperlink to a non-Defenage website does not mean that Defenage 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.

7. Choice of Law and Venue. These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms submits to binding arbitration, as set forth in Section 8 below, in the County of San Diego in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such arbitration, or for an action to compel arbitration and provisional remedies in aid of arbitration, filed in state and Federal Courts in San Diego County, California. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's 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, those 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.

8. Arbitration. We are ready and willing to assist you and address any concerns or problems you may have with our Website, or the sale or use of any of our products or merchandise. If we are unable to resolve your issues, problems or concerns, you are unconditionally agreeing that any and all disputes, claims or controversies, arising out of, or relating to your access or use of our Website, the sale or use of our products or merchandise, or these Terms, or the Privacy Policy, will be resolved entirely through binding arbitration, before a single retired judge, in San Diego County, California, but where either or both parties may participate via videoconference or telephone. In an arbitration, there is no judge or jury, no class actions, and a court’s ability to review an arbitration award is limited. An arbitrator can award the same damages, on an individual basis, as you could obtain in court, including injunctive and declaratory relief or statutory damages.

   The binding arbitration shall be administered by JAMS. With respect to procedure, the arbitrator shall be required to apply and follow the Federal Arbitration Act (“FAA”), and, where not in conflict with the FAA, the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures not in conflict with the JAMS Consumer Arbitration Minimum Standards, and consistent with the Choice of Law clause in Section 7 above. Pursuant to the JAMS Consumer Arbitration Minimum Standards, if you initiate arbitration against Company, your filing fee shall not exceed $250; Company shall bear all remaining JAMS filing fees, case management fees, and arbitrator compensation.

   The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. You may also assert individual claims in small claims court if your claims otherwise qualify.

   To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to us at 5850 EL CAMINO REAL, SUITE 106, CARLSBAD, CA 92008, with a copy to our registered agent of record with the Secretary of State for the State of California, and our attorneys at FSG LAWYERS PC., 19800 MACARTHUR BLVD, SUITE 975, IRVINE, CA 92612. You agree that the arbitration will be conducted by JAMS. You can contact JAMS, jamsadr.com, 1.800.352.5267 to find out more information on how to begin an arbitration proceeding.

   We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

   No claim submitted to arbitration is heard by a jury. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Defenage and may not preside over any kind of representative or class proceeding against Defenage, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action 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 any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST DEFENAGE, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR RECEIPT OF YOUR FIRST ORDER OF THE PRODUCT.

   Notwithstanding any provision herein, nothing in this Arbitration provision prohibits either party from seeking public injunctive relief in a court of competent jurisdiction where required by applicable law. The parties agree that any claim for public injunctive relief shall be stayed pending the resolution of the arbitration of individual claims.

   IN USING THIS WEBSITE, YOU ARE AGREEING THAT YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM OR ACTION HAVE BEEN MODIFIED AS SET FORTH ABOVE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT. YOU ARE ALSO AGREEING THAT YOUR RIGHT TO ENGAGE IN DISCOVERY MAY BE LIMITED AS PROVIDED BY THE JAMS RULES AND THE FEDERAL ARBITRATION ACT. THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF MAY BE LIMITED. OTHER RIGHTS THAT YOU OR DEFENAGE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

   By using this Website, you acknowledge that the Website contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms. You may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on this Website. Except as permitted by law, you may not upload, post, reproduce, or distribute in any way the information, data, photographs, graphics or other content protected by copyright or other proprietary right, without obtaining permission of the owner.

9. Legal Age Requirement. You must be at least 18 years of age to use or purchase items from the Website. By placing an order through the website, you represent that you, and the recipient of the products or merchandise are both at least 18 years old or the age of majority in your jurisdiction (whichever is older).

   Defenage reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing our products or merchandise may require further the signature of an adult possessing valid picture identification issued by a government agency providing that he or she is at least 18 years old or the age or majority, whichever is greater.

10. Ordering our Products or Merchandise through the Website. If you have any questions please contact Our Customer Service Department toll-free at 1−888.368.5372 or email us at CustomerService@DefenAge.com. Our Customer Service Department is open Monday thru Friday 8am-4pm PST.

    All orders placed through the Website are subject to DefenAge acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. Defenage may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Defenage, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at CustomerService@DefenAge.com. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of our shipping policies, which are summarized herein.

    While we want everyone to be able to enjoy our products, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:

    • Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
    • Orders that appear to be shipped to a freight forwarding company for reshipment.
    • Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information.
    • Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
    • Orders connected to previous credit card disputes.

    Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:

    • Incorrect credit or debit card information such as card number, expiration date and card security value;
    • Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
    • Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.

    If your order has been processed and shipped, you may return the Merchandise you ordered pursuant to the terms of our Refund & Return Policy, which follows.

11. Restrictions on Use.

    • We want you to be fully satisfied with your purchase. If you are unhappy with your purchase, DefenAge offers a return period of 30 days from date of delivery, which shall also constitute our warranty period. Please arrange your return before the end of this period by contacting Customer Service at CustomerService@DefenAge.com or call 888-368-5372.
    • All promotional items, including free gifts with purchase, must be included with return products, otherwise the value of the gift may be deducted from your refund total. Any returned items will remain the customer’s responsibility until received by DefenAge and a refund will not be issued before that time. Please allow up to 7 business days for refunds or store credit to be processed once received by the DefenAge office.
    • We accept up to two return requests in a 365-day period.
    • DefenAge may request photo documentation for the purpose of quality control. Return shipping costs are the responsibility of the customer, unless store credit is requested.
    • This Return Policy excludes wholesale purchases and limited edition products. DefenAge monitors return activity and reserves the right to limit or refuse a return if we find that our policies have been abused. We only process returns of products purchased through defenage.com

12. Cancellation Terms. To cancel order please contact our Customer Service Department at CustomerService@DefenAge.com. When emailing us, please include your full name and address, as well as the name of our products or merchandise that you ordered. Please allow up to 7 business days for refunds to process.

    We reserve the right to modify the prices charged for any products we offer, or to add or remove any products or offerings from the Website at any time without prior notice to you. Price quotes, that have not expired and have been provided to you prior to any price modification shall be honored. In the event a Price quote does not contain an express expiration date or acceptance deadline, all Price quotes shall expire without further notice, on the day that is thirty (30) calendar days after the date of the quote.

13. Restrictions on Use. Defenage offers several methods of payment for you to purchase our products or merchandise including, but not limited to, credit cards and debit cards. Some methods of payment are only available in certain countries.

    Defenage reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase our products or merchandise from the Website. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card might have been used in a fraudulent manner to purchase our products or merchandise, please contact our Customer Service Department at CustomerService@DefenAge.com.

    By ordering products or merchandise from Defenage, you authorize Defenage to charge your debit or credit card accordingly. Please be aware that the descriptor (or subject line) that appears on your debit or credit card entry will refer to Defenage. If you have any questions about the descriptor on your credit card statement, you should contact our Customer Service Department at CustomerService@DefenAge.com.

14. Taxes. State and local taxes may be applied and collected to the order, as handled by our order management and tracking system.

15. Discounts and Promotions. Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order. No more than one Skin Club promo code from the same reward type can be used per order.

16. Shipping Policy.

    • Local US shipping: Orders placed before 2:00PM PST Monday-Friday will be processed and shipped on the same day. Orders placed after 2:00PM PST Monday-Friday will be processed and shipped the next business day. Orders placed on Saturday or Sunday will be processed and shipped on the next business day. All orders are shipped via UPS or USPS First Class Mail or FedEx to your shipping address and a notification with a tracking number will be automatically sent to the customer. Orders shipped within the continental United States are expected to arrive 2-5 business days after the order is placed. Please note that DefenAge does not ship orders on weekends or US Federal holidays. We do not guarantee arrival dates or times. We at DefenAge do our very best to expedite every order, but on rare occasions, circumstances may delay orders. Please contact customer service at 888-368-5372 should you need any assistance. Free ground shipping is available for domestic shipments of retail orders only. For wholesale shipping policies and fees, please contact your sales representative.
    • Canadian shipping: All orders shipping to Canada will incur a flat $50 shipping fee, which includes the cost of shipping, customs clearance, and assessment fees. This fee applies to all orders regardless of order total. Orders will be shipped via the selected carrier and are typically delivered within 3–7 business days after the order is placed.
    • International shipping:
      • CUSTOMS DUTY: Customers are responsible for customs duty and other fees collected by your country; these charges should be paid by the receiver upon delivery.
      • FREE SHIPPING FOR CERTAIN ORDERS: International orders of US $300 or more in product are shipped for FREE; your shipping charge will be automatically adjusted to $0.00 during checkout once the shopping bag reaches US $300. Orders below $300 will require a shipping charge that depends on the country.
      • SIGNATURE REQUIRED: A signature will be required upon delivery for most international orders (you are not charged additionally for this service).
      • ANTI-FRAUD: All orders undergo an anti-fraud, multi-level evaluation. If your order is highlighted as potential fraud, our customer service representative will contact you to verify payment method information before the order is shipped.
      • PROCESSING TIME: Orders placed before 2:00PM PST Monday-Friday will be processed and shipped on the same day. Orders placed after 2:00PM PST Monday-Friday will be processed and shipped the next business day. Orders placed on Saturday or Sunday will be processed and shipped on the next business day. Please note that DefenAge does not ship orders on weekends or US Federal holidays. We do not guarantee arrival dates or times. We at DefenAge do our very best to expedite every order, but on rare occasions, circumstances may delay orders.Please contact customer service at 888-368-5372 or CustomerService@DefenAge.com should you need any assistance.
      • SHIPPING METHOD: All orders are shipped via DHL, UPS, or FedEx to your shipping address and a notification with a tracking number will be automatically sent to the customer. Most orders arrive 3-7 business days after the order is placed.

17. Billing and Customer Support; Billing Errors. We welcome all support inquires by the following methods:

    Email Support: CustomerService@DefenAge.com

    Customer service hours are 8am - 4pm, Monday through Friday (USA-Pacific Standard Time). When emailing us, please include your full name and address, as well as the name of our products or merchandise that you ordered.

    Our mailing address is care of:

    MEDICELL TECHNOLOGIES LLC
    5850 EL CAMINO REAL, SUITE 106
    CARLSBAD, CA 92008

    If you believe that you have been erroneously billed, please notify our Customer Service Department at CustomerService@DefenAge.com immediately of such error.

18. Reversals and Chargebacks. If you believe a charge is in error, please contact our Customer Service department before initiating a chargeback or reversal. The Company reserves the right to dispute chargebacks it believes to be unwarranted, and to provide payment processors with relevant transaction records and documentation."

19. Skin Club Membership Program. When you place an order, you will be automatically enrolled in our free Skin Club Membership Program. As part of this program, we create a user account using your order information (name and email) to assign loyalty points and deliver rewards. You may opt out of this free program at any time by contacting us at customerservice@defenage.com.

20. No Unlawful or Prohibited Purpose. As a condition of your use of this Website, you warrant to Defenage that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

21. Personal Information. We collect the personal data provided by you as described in our Privacy Policy. Please visit our Privacy Policy for more information. This Website is not intended for children under eighteen (18) years old.

22. Visitor Comments, Feedback, and Other Submissions. We welcome your comments, feedback, and other information you submit on the Website as long as the content complies with these Terms and our Privacy Policy. All comments, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions to Defenage shall be and remain the property of Defenage. By submitting any such materials, comments, photographs, etc., you are assigning all worldwide rights, titles and interests in all copyrights and other intellectual properties to those submissions and Defenage will exclusively own all rights, titles and interests in the submissions and will be able to use it, without restriction.

    By submitting any comments, posts, hashtags, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions, you are waiving any claim of confidentiality, any right of payment or compensation, and any right of credit or ownership. Defenage reserves the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display user-generated content throughout the world in any media, with or without attribution, and without compensation to you. This includes the right to commercially exploit user-generated content in Defenage's products, services, and marketing materials.

    You welcome to post, hashtag, or tag our items in your photographs subject to the provisions of these Terms and Privacy Policy (and so long as they do copy or otherwise infringe on our copyrighted photographs). In doing so, you are providing us with permission and authorizing us to repost those photographs and use them, without charge, and without restriction and are waiving any claim of confidentiality, any right of payment and any right of credit or ownership.

    Defenage does not want to receive any proprietary, confidential or trade secret information. Any information you provide to Defenage will be deemed to be non-confidential. You agree and warrant that all comments, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions by you to the Website will not violate any rights of any third party, including copyright, trademark, privacy, proprietary, trade secret or other personal or proprietary right(s). You further agree and warrant that any and all comments, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions by you will not be and will not contain libelous or otherwise unlawful, abusive, obscene, discriminatory, harassing, retaliatory or otherwise objectionable material and that you are and shall remain solely responsible for any and all submissions to the Website. Finally, you agree that Defenage may use and/or disclose information about your demographics and use of the Website in any manner that does not reveal your identity. In the event of any claims, damages, expenses, or liabilities, including reasonable attorneys' fees, arising out of or relating to your user-generated content or any violation of these terms, you agree to indemnify, defend, and hold Defenage harmless. In the event of a claimed copyright violation, DMCA takedown requests may be sent to Company’s designated DMCA agent at customerservice@defenage.com, or to our mailing address at 5850 EL CAMINO REAL, SUITE 106, CARLSBAD, CA 92008, Attn: DMCA Agent, and must include all information required under 17 U.S.C. § 512(c)(3).

23. User Account Security. Users are responsible for maintaining the security of their accounts. This includes: (1) using strong, unique passwords; (2) not sharing account credentials with others; (3) logging out of the account after each session, especially on shared devices; (4) promptly reporting any suspicious activity or unauthorized access to the Defenage; and (5) keeping account information, including email addresses, up to date. Failure to maintain account security may result in unauthorized access, for which the Defenage cannot be held responsible.

24. International Access. This Website may be accessed from countries other than the United States, but may contain references to products that are not available outside of the United States. There is no implied or express promise or representation that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations. By using the Website you consent to all the use, collection, transfer and processing of your personally identifiable information in the United States.

25. Indemnification. You agree to defend, indemnify, and hold harmless Defenage and its affiliates, as well as any directors, officers, employees, shareholders, agents, owners, licensors, licensees, subsidiaries, assigns and affiliated companies against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms, and the Privacy Policy, by you and/or your activities in connection with this Website or any services related to this Website. Our Company may participate in the defense of any claim in its sole discretion.

26. No Waiver. No waiver or delay in enforcing any provision or any breach of these Terms, or the Privacy Policy, by Defenage shall be deemed a waiver of any other provision or breach of the same or any other provision.

27. Severability. If any provision in these Terms, or the Privacy Policy, are held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

28. Complete Agreement. These Terms and Privacy Policy contain the entire agreement between you and our Company with respect to this Website, and any purchase of our products or merchandise on via this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Website or the products or merchandise purchased via this Website. In its sole discretion, Defenage may modify these Terms by posting the revised version on this Website. You agree that each visit by you to this Website is a new transaction governed by the Terms linked on this Website at that time.