Legal Terms – Kavanaskincare

Legal Terms

TERMS AND CONDITIONS OF USE

This website, located at cosmeticsinfo.org (“Site”), is owned and operated by Kavana. Your access to the Site is subject to the following terms and conditions, and all applicable laws. By accessing, browsing, and using the Site, you accept these Terms and Conditions (“Terms”).

The Internet is an evolving medium; we may change these Terms from time to time. By continuing to use the Site after we post any such changes, you accept these Terms, as modified. We may change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time. 

Kavana espects the privacy of our users. Please take a few minutes to review our Privacy Policy.  

Warning 

Information on ingredients used in cosmetic products appearing on the Site is not intended to be, nor should be interpreted as, advice or a recommendation concerning the use of any cosmetic product. If you have questions about your use of a cosmetic product, please review the labeling appearing on the product, contact the product manufacturer, and/or consult a physician. kavanacare.com is designed for informational purposes only and is not a substitute for compliance with the provisions of the Health Canada, The Federal Food, Drug, and Cosmetic (FD&C) Act, the Fair Packaging and Labeling (FP&L) Act, and the regulations published under the authority of these laws.

By using the Site you acknowledge and agree that the information displayed on the Site, including any information provided by experts or medical professionals, is intended solely for general educational purposes. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding any medical condition.

Kavana does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site, Kavana, or by others appearing on the Site is solely at your own risk.

Purpose of Site and Limitations

The Site has been developed as a service of Kavana to permit its members to post information about ingredients contained in or used in the manufacture of their products. As a voluntary trade association, Kavana does not require its members or others to post information to the Site, and we do not control the type, quantity, or completeness of information that our members supply. Moreover, the state of scientific knowledge of many ingredients discussed on the Site is evolving, and Kavana periodically updates the information posted on this Site. While we endeavor to update this website regularly and keep the information correct, it is important to note that the content of this website contains general information and may not reflect current developments, laws, or regulations. The materials on this site may be updated without notice. Kavana expressly disclaims all liability for action taken or not taken based on any or all the contents of this site. No responsibility is assumed for the accuracy or timeliness of any website information. Kavana is not responsible for any errors or omissions in the content of this website or for damages arising from the use of this site under any circumstances. This website, and all information available on or accessed through this website, is provided “as is.” Finally, the information provided on the Site is neither designed nor intended to set or depict manufacturing standards concerning our members' products.  

Copyright Ownership

The Site contains copyrighted material, trademarks, and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video, and graphics (“Content”). This Content is subject to copyrights owned by Kavana and other individuals or entities and is protected by United States and international copyright laws. To make a complaint about a copyright infringement on the Site, please contact Kavana at (202) 331-1770. Content and features on the Site are subject to change or termination without notice in the editorial discretion of Kavana. All rights not expressly granted herein are reserved to Kavana.

Use of Content 

You may use the Site and the Content offered on the Site only for internal purposes. Kavana authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use so long as you do not remove the copyright and other proprietary rights notices which were contained in the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Site or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws. If you violate this these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Trademark Rights

The names, trademarks, service marks, and logos shown on the Site are licensed by or belong exclusively to Kavana and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, services marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Kavana or any third party.

Disclaimer of Warranties 

Kavana makes no warranties or representations of any kind as to any of the information posted or contained on the Site. By using the Site and the information herein, you do so at your own risk. THE SITE AND THE CONTENT ON THE SITE IS PROVIDED “AS IS.” Kavana MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, Kavana DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Kavana OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Kavana, its partners, advertisers, and sponsors. Accordingly, Kavana assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, KAVANA DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL KAVANA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.

Limitation of Liability

In no event shall Kavana, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, the Content or any communications of the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Kavana is advised of the possibility of such damages. Kavana is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or public area. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH KAVANA IS TO DISCONTINUE YOUR USE OF THE SITE.

Links to Third-Party Services

The Site may contain links to other websites on the Internet. These linked websites operate under the auspices and at the direction of their respective owners. If you have a question or comment about any of these sites, please contact them directly on their site. Kavana takes no responsibility for, and accepts no liability for, any information found on any such websites that are outside its control. The inclusion of such links on the Site is not an endorsement by Kavana in favor of the website, or the products or services offered on such site.

Arbitration & Choice of Law

You expressly agree that exclusive jurisdiction for any dispute with Kavana, or in any way relating to your use of the Site will be decided by binding arbitration. Specifically, all disputes of any kind or nature arising out of these Terms or your use of the Site, including any claim involving Kavana or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Toronto, Ontario area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.

These Terms are governed by the law in Toronto, Ontario, Canada, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of the Terms and Conditions contained herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact Kavana

care@kavanacare.com

Changes to these Terms

Kavana reserves the right to modify these Terms as necessary. We will indicate the most current date of any change and encourage you to consult these Terms from time to time. Continued use of the Site indicates you accept such changes. Kavana reserves the right to discontinue or add website functionality to support the organizations’ goals.


Effective as of: December 1, 2020.