We are Morse Laboratories, L.P., a limited partnership organized under the laws of California (“Morse Laboratories”, “Company”, “We”, “Our”, and “Us”). We manufacture the luxury skincare brand Retrouvé. We operate the website www.retrouve.com ("Website"). Our principal place of business is located at 3075 Pacific Coast Highway #351 Malibu CA 90265.
1.2 When we refer to "we", "us" or "our", we mean Morse Laboratories. When we refer to "you" or "your" we mean you, the person accessing or using our Website.
2. Our Website
2.1 Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.3 WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.
2.4 The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
3. Our Rights
3.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the Retrouvé name and mark, and Retrouvé product names, images and packaging. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
3.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to purchase Retrouvé products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
4. Change To Or Termination of Terms.
We may change these Terms from time to
time. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms. If you object to such changes, your sole recourse shall be to stop using the Website. Your continued use of the Website following notice of any such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound.
By using this website, you have reviewed, understand and have
We may provide links to other websites or resources for your convenience only, and such links do not signify or imply that we endorse such website or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software or materials found at any other website or resource.
7. Exclusive Remedy and Limitation of Liability
7.1.1 death or personal injury caused by our negligence;
7.1.2 fraud or fraudulent misrepresentation; and
7.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
7.2 THE WEBSITE IS MADE AVAILABLE "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
7.3 WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
7.3.1 USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
7.3.2 USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
7.4 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
7.5 Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any Retrouvé products by us to you. These are set out in our Terms and Conditions of Sale.
8.1 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access our Website, and we recommend that you use your own virus protection software
8.2 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act of 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
9. Purchasing Products From Us
9.1. If you use the Website to purchase products from us, our Terms and Conditions of Sale will apply to your purchase. Please take the time to read our Terms and Conditions of Sale as they include important information and terms. If you do not accept our Terms and Conditions of Sale, you are not permitted to purchase products from us through the Website.
10. Your Personal Information
11. Social Media Links
12. Prohibited Uses
14. Integration & Severability.
15. No Waiver.
17. Location And Governing Law.
These Terms are governed by the laws of the State of California. You and we both agree that, subject to the arbitration provisions of Section 18, the courts located in the City and County of Los Angeles, State of California will have exclusive jurisdiction of any disputes.
18. Disputes and Arbitration.
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
18.3.1 Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com;
18.3.2 Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: your local JAMS office or to JAMS, 1925 Century Park East Suite 1400, Los Angeles, CA 90067; and
18.3.3 Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to Los Angeles, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in the City and County of Los Angeles, state of California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.5 NO CLASS ACTIONS. You and Company may only resolve disputes between you and Company on an individual basis and neither you nor Company may bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed against the other party..
18.6 THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
19. Separate Terms and Conditions.
20. Contacting Us
Thank you for visiting our Website.
We are Morse Laboratories, L.P., a limited partnership organized under the laws of the state of California (“Morse Laboratories”, “Company”, “We”, “Our”, and “Us”). We manufacture the luxury skincare brand Retrouvé. We operate the website www.retrouve.com ("Website").
We operate social media accounts under the Retrouvé trademark. The Retrouvé Facebook page, Retrouvé Twitter accounts, Retrouvé YouTube channel, Retrouvé Instagram account, Retrouvé Pinterest account, Retrouvé Snapchat account, and any other social media accounts operated by Retrouvé (collectively, “Social Media Channels”). Our goal is to provide useful and interesting content about the Company and its product(s).
1. Grant of License
1.1 By commenting, tweeting, posting and/or uploading a photo or video (hereby known as the ‘Assets’) to any Social Media Channel with or without a Retrouvé hashtag including #artsciencebeauty, #skinbyretrouve, #retrouve, #officalretrouve and with or without tagging @officialretrouve or @skinbyretrouve, you grant the right to the Company for a non-exclusive, fully paid and royalty-free, transferrable, sub-licensable, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the assets, in whole or in part, as well as your image or likeness as reflected therein and your name and/or biographical information in association with the photograph, without further notice, review, participation, compensation from you in any medium existing now or subsequently developed, in connection with the Company.
1.2 You also grant the Company the permission to use and authorize others to use your name or social media handle you provide in association with the assets for identification, publicity for promotional purposes.
1.3 You should understand that any content you submit to our Social Media Channels is public and will not place the Company under any obligation to you. This means the Company is free to disclose and use the ideas contained in content on a non-confidential basis to anyone without any liability to you.
1.4 Additionally, you should not use the Company’s Social Media Channels to submit unsolicited ideas. Generally, we don’t accept these, and if you submit any – for example by posting them – you need to understand that you do not have any ownership rights in such ideas, that we won’t compensate or reward you, and that we don’t waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from other sources.
1.6 You hereby release the Company and their agents, affiliates and/or assignees from any and all claims for damages of any kind resulting from the use of the Assets.
1.7 By submitting content you waive any right to inspect or approve of such uses and agree to hold harmless the Company and all others identified above from any and all claims you, your heirs, executors or assigns may at any time have against the Company on account of the granting of the license to the Company or arising out of such content.
Company’s Right to Social Media Channels
2.1 The Company reserves all rights relating to the company's Social Media Channels, including but not limited to: (i) adding, removing, or modifying any content, (ii) blocking disruptive users; and (iii) discontinuing any of our Social Media Channels at any time. Product information should never be construed as medical advice. You are advised to contact a health care professional in your area if you need medical advice. The company does not represent that the information on the Company’s Social Media Channels is accurate, complete, reliable, useful, timely or current. You read all content at your own risk. Do not rely on the information or advice in any of these postings.
- Defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda;
- Activity that violates any law or regulation;
- Attempts to target the Company to offer goods or services, of either a commercial or private nature;
- Spam directed at the Company or any of the Company’s Followers, including any form of automatically generated content or repeatedly posting the same content;
- Content that includes medical advice that may be unsolicited and/or unverified;
- Content deemed to constitute an unapproved use of any of our product(s) or is otherwise false or misleading;
- Any potential infringement upon any intellectual property rights, including but not limited to, brand names, trade names, logos, copyrights or trade secrets of any person, business or place;
- Other content deemed to be off-topic or to disrupt the purposes of the channel, its Followers, and its sense of community and acceptance; and
- Content posted by fake or anonymous users.
4. Terms and Conditions of Other Media Sites Apply. This page is intended for a global audience. All Terms and Conditions of Facebook, Instagram, Twitter, and YouTube, Pinterest, Google+, and any other social media site apply, respectively.
5. Contact Us
5.1 Our Social Media Channels are not the appropriate place to resolve issues, complaints or suggestions about individual sales and service experiences or our products. This does not mean we do not want to hear about such issues, but these types of concerns are best handled by trained representatives. If you’re interested in sharing comments or feedback, send a message to a client services specialist at firstname.lastname@example.org.
Thank you for visiting our Website.