Please carefully review the following terms and conditions of use (“Terms of Service”) that govern your use and purchase of products or services (collectively, “Use”) from the website skinphonic.com (the “Website”), owned and operated by Skinphonic LLC (referenced further as “Company,” “we,” “us” and “our”) and offered for Users in the United States.  Additional or separate terms may apply to your participation in any promotion, sweepstake or contest.  To the extent that the provisions of any additional terms conflict with these Terms of Service, the provisions of the additional terms will govern. By accessing our website, you (“User”, “you” or “your”) agree to the Terms of Service below.

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY.  WHEN YOU ACCESS OUR WEBSITE, YOU CONSENT TO THE TERMS OF SERVICE.  IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE.

I. GENERAL TERMS OF USE AND RESTRICTIONS ON USE

A. Access. Subject to these Terms of Service, Company grants Users a limited, revocable, nonexclusive, nontransferable personal right to access and make Use of the Website and services solely for the benefit of the User and no other commercial purpose.  If you do not comply with these Terms of Service, Company reserves the right to revoke your license or limit your access to the Website.

B. Children. The Website and related services and products are not aimed at nor intended for children under the age of 13. If you are under the age of 13, please DO NOT USE the Website. The Company does not accept registration from children under the age of 13 and no one under the age of 13 may provide any information to or through the Website.  If you are above the age of 13 and under the age of 18, you must obtain parental consent before using the Website.

C. Orders. You may not place an Order on the Site if you are under 16.  If you are under 18 (but 16 or over) you must obtain the consent of a parent or guardian before you place an Order.  When you place your Order, you will need to provide your full name, an email address, mobile number, and payment information.  As provided in the Terms of Use, any information that we collect from you is subject to our Privacy Policy.

We also reserve the right to cancel any Order in (among others) the following situations, without being liable for any damage or costs:

  • your billing information is not correct or not verifiable;
  • your order is flagged up by our security systems as an unusual Order or an Order susceptible to fraud;
  • there was an error in the price on the Website;
  • if we are not given authority for payment or reasonably believe that payment will be refused at any stage.

We reserve the right to cancel your Order where we are unable to fulfill the Order for reasons outside of our control. If this is the case you will be notified immediately and you will receive a full refund if payment has already been taken.

[Alternate language

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.]

Please make sure you check the details of your Order carefully before clicking the “accept” button. We cannot be responsible for any user errors when placing your Order.

The prices on the Website are subject to change. Company is not responsible for any price variations, errors or availability.

D. Cancellations and Refunds. After clicking “submit”, your Order is final and cannot be amended by you except as set out below.

If you wish to cancel your Order after you have placed it, you will need to contact Company directly.  If Company has not yet shipped your order, you will not be charged (or a refund will be issued if payment has already been taken).

If you wish to receive a refund after receipt of your Order, contact customer service @ customerservice@skinphonic.com. Refunds are available within 30 days of receipt of order for any reason. Orders will be refunded less postage and packing charges.

All refunds will be issued to the card used for payment. We will endeavor to issue any refunds within 5 to 10 business days.

E. Copyrights and Trademarks. All content and materials on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of the Company or its Affiliates and/or third party licensors and protected by United States and international copyright laws.  All trademarks, trade dress, service marks, and trade names, including, but not limited to SKINPHONIC, MY GIRL and GET READY ‘CAUSE HERE I COME, are proprietary to Company or its Affiliates. The content and materials are intended for your personal, noncommercial use.  You may make one copy of the materials displayed on the Website for your personal, noncommercial use only.  No right, title or interest in any content or materials is transferred to you as a result of any such copying.  You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, sell or distribute in any way the content and materials on the Website.

F. Passwords. You acknowledge you are fully responsible for all activities that occur through the use of any password you are granted upon registering to use the Website.  You are responsible for maintaining the confidentiality of the your password and account.  You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security by using the contact information provided below.

G. Color/Product Description. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Website is not as described, your sole remedy is to return it in unused condition.

H. Restrictions on Use. You agree to use the Website and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using this Website and related services. While using the Website and related services, you will not:

  • Violate any laws, regulations, third party rights, including intellectual property rights, or Company’s policies;
  • Be libelous, defamatory, harmful, harassing, threatening, misleading, or discriminatory;
  • Affect us adversely or reflect negatively on the Website, Company, our goodwill, name or reputation;
  • Take any action to circumvent, compromise or defeat any security measures implemented in the Website including to gain unauthorized access to the Website, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with these Terms of Service;
  • Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, firm or enterprise (collectively, “Person”); or collect, obtain, compile, transmit, reproduce, delete, revise, display any material or information, whether personally identifiable or not, posted by or concerning any other Person in connection with use of the Website, unless you have obtained the express, prior permission of such other Person.

II. PRIVACY

When you are required to create an account to access or order Company products, services or benefits offered on the Website, you will provide Company with personal information. Our Privacy Policy explains how we treat and protect your personally identifiable information and data (“Personal Information”) when you Use our Site. The terms and conditions of our Privacy Policy are hereby expressly incorporated into these Terms of Service.

III. LINKS

Company or third parties may provide links to other websites or resources on the Internet through the Site. Company has no control over such websites or resources. As such, you agree that we are not responsible for the availability of other external websites or resources and are not responsible for any content, advertising, products, or materials on or available from such websites or resources. You access the other linked websites and resources at your own risk.

IV. REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We welcome your comments and feedback regarding our Website, products and services.  We do not, however, accept confidential or proprietary information. All comments, feedback, suggestions, ideas, materials, information and other submissions (e.g., postings to chat, boards, or contests), disclosed, submitted or offered to Company using this Website or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. Company shall not be liable for any use or disclosure of any Submissions. The disclosure of Submissions will constitute an assignment to Company of all rights, title and interest and goodwill in the Submissions without compensation to the provider of Submissions.  Submissions by you must not violate any right of any third party, and not contain any libelous, abusive, obscene or otherwise unlawful material.

You also represent and warrant that you own or otherwise control all of the rights to the User Content and Protected Health Information (collectively, the “Content”) that you upload to the Website; that the User Content is accurate; and that use of the User Content you supply does not violate this policy applicable law (including any of the Healthcare Laws) and will not cause injury to any person or entity. Company has the right but not the obligation to monitor and edit or remove User Content. Company takes no responsibility and assumes no liability for any Content posted by you or any third party.

V. NO MEDICAL ADVICE PROVIDED

The content on the Website is intended to be general information in regard to the subject matter covered. Company does not directly or indirectly practice medicine, render medical advice, or dispense medical services via the Website, related products or services, and nothing contained herein is intended to be instruction for medical diagnosis or treatment. No aspect of the Website, or related products or services, is intended to provide, or should be construed as providing, any professional medical advice, diagnosis or treatment of any kind. You should not disregard medical advice or delay seeking medical advice as a result of any content on the Website, products or services, or otherwise consider any content to be a substitute for professional medical advice. Please consult qualified healthcare providers regarding any health concerns or conditions.

VI. DISCLAIMERS AND LIMITATION OF LIABILITY

THIS SITE AND THE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.  COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INCORRECT INFORMATION POSTED ON THIS SITE OR RESULTS OF YOUR USE OF THE INFORMATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

COMPANY USES REASONABLE EFFORTS TO MAINTAIN ITS SITE AND SERVICES BUT COMPANY IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE SITE, SERVICES, RELATED TECHNOLOGY, ANY PART THEREOF, ANY CONTENT POSTED USING THE SITE, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES.  THE SITE MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF COMPANY OR WHICH ARE NOT FORESEEABLE BY COMPANY.

NEITHER COMPANY NOR ITS AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SIDE OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

VII. INDEMNIFICATION

If you use the Website in any way that results in damage to Company, you will need to take responsibility for such damage. You agree to indemnify, defend and hold harmless Company, our Affiliates and our officers, directors, shareholders, and agents (collectively, the “Indemnified Parties”) from and against any and all third party claims, demands, obligations, damages, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising from (a) your access or use of the Website; (b) breach of these Terms of Service; or (c) infringement or misappropriation of any intellectual property or other rights of Company or third parties by you.

VIII. EXPORT

Unless otherwise specified, the materials in and/or on the Website are presented solely for the purpose of promoting products or services that are available in the United States. In accessing the Website, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Certain software or other materials that you may obtain through this Website may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulation and you will not transfer, encourage, assist, or authorize the transfer of any software or materials to a prohibited country or otherwise in violation of any restriction, law or regulation.

IX. TERMINATION

These Terms of Service are effective unless and until terminated by Company. You may terminate these terms at any time by discontinuing use of the Website and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under terms and conditions or otherwise. Your access to the Website may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service. Upon termination, you must cease use of the Website and destroy all materials obtained from such site and all copies thereof, whether made under these terms and conditions or otherwise.

X. NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that the Website contains elements that infringe your copyrights, please provide Company’s designated copyright agent with the following information in writing:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company Data

United States of America
Attention: Bill Barlow, Chief Marketing Officer info@skinphonic.com

For additional information regarding this procedure, please reference 17 U.S.C. § 512.

XI. DISPUTES

A. Arbitration. Any claim, dispute, or controversy arising out of or relating to the Site, these Terms of Service, or the breach, termination, enforcement, interpretation or validity of this Agreement, will be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) before a single arbitrator.  Payment of all filing, administration and arbitrator fees will be governed by AAA’s applicable rules.  The arbitration shall be held in Houston Texas. The arbitrator’s decision shall be controlled by these Terms of Service and any of the other agreements referenced herein.

B. Limitation on Time to File. IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

C. Arbitration on an Individual Basis Only; Class Arbitration Waiver. COMPANY AND YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND AGREE THAT THESE TERMS OF USE DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, COMPANY AND YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST EACH OTHER.

D. Applicable Law. You agree that the laws of the State of Delaware, without giving effect to any principles of conflicts of law, govern these Terms of Service and any dispute of any sort that may arise between you and us or any of our Affiliates.  Company and you acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Notwithstanding the foregoing paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Terms of use shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

E. Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

XII. MISCELLANEOUS

A. Sales Tax. Taxable items that are shipped to customers in Texas, and Delaware are subject to tax at the appropriate state and local rate.

B. Customs Fees and VAT (Value Added Tax).  If there are customs fees and VAT, they must be paid by you when the package reaches your destination country. We are not responsible for any sales taxes, VAT, customs duties or other taxes charged by your customs department. These charges are your responsibility and will vary from country to country.  We cannot determine these fees in advance. We recommend that you check with your local customs office or post office for details on how these charges are assessed and applied. You may also be able to find information about your country’s VAT and Customs fees by searching websites on the Internet such as the United States Council for International Business. Please note that if your order has reached your country of destination and it is returned to us as Unclaimed or Refused due to VAT or customs fees imposed by your country, it can often take up to 6 months for us to receive, and we must receive the order back before we can issue you a refund.

C. Entire Agreement. These Terms of Service, together with our Privacy Policy, any additional terms, rules, or other policies to which Company refers contain the entire agreement between you and Company and supersedes any prior or contemporaneous agreements concerning the subject matter hereof.

D. Waiver. No delay or omission by Company or you in exercising any right under these Terms of Service will operate as a waiver of that or any other right.

E. Modification. We reserve the right to modify these Terms of Service or any additional terms that apply to the Site, at any time without notice. You should review these Terms of Service regularly. Your continued access or Use of the Website after the Terms of Service have been revised constitutes your express consent to the modified Terms of Service.

F. Severability. If a particular term or condition is deemed not enforceable, invalid or void, that term or condition shall be deemed servable and not affect the validity and enforceability of any remaining terms or conditions.

XIII. QUESTIONS

Questions regarding this Terms of Service should be directed to Company at info@skinphonic.com. Company may also be contacted directly at the following address and phone number:

Skinphonic LLC
866-280-3714
9337 Spring Cypress Rd
Suite 212
Spring, TX 77379

XIV. EFFECTIVENESS

These Terms of Service were last modified on June 1, 2016 and are effective immediately.

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