Our Site may contain text, photographs, videos or other content (collectively the “Content”). To the extent new Content, services, or features are added to our Site in the future, their use is subject to these Terms and Conditions.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
We offer Company products (“Products”) for sale on the Site. These Terms also apply to all sales of any Product from the Company. If you do not agree to the terms and conditions, you should not purchase or obtain any goods, services or products from this Site or the Company.
The Company hereby objects to and rejects any additional, different or varying terms proposed by you, unless the Company expressly assents to such terms in writing. THE COMPANY’S AGREEMENT TO PROVIDE THE PRODUCTS IS EXPRESSLY CONDITIONED ON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, NOTWITHSTANDING ANY LANGUAGE IN ANY PURCHASE ORDER, IF ONE EXISTS, OR OTHER WRITING OR ORAL REPRESENTATION. THIS CONTRACT, INCLUDING ALL ITEMS EXPRESSLY INCORPORATED BY REFERENCE, CONSTITUTES THE FINAL EXPRESSION OF THE TERMS BETWEEN THE COMPANY AND YOU REGARDING THE PRODUCTS CONCERNING THE MATTERS SPECIFIED HEREIN AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF THOSE TERMS. The rights and obligations contained herein shall inure to and be binding upon the parties, their legal representatives, successors and permitted assigns.
Payment is due when the order is placed. You agree to pay all shipping and related charges. Risk of loss or damage shall pass to you upon shipment from F.O.B. point.
Prices are subject to change without notice and you shall not construe published prices as a definite quotation or offer to sell by the Company.
Buy at your own risk. First apply a small amount of the product on your skin. If there is an allergic reaction, stop use immediately and consult a doctor. Follow suggested use and do your own research before deciding to use it.
The Company makes no representation of warranty regarding the Products, including and representation regarding the safety or efficacy of the Products. Products or services provided by the Company are provided “as is.” The Company makes no express or implied warranty as to the condition of any such Products, or as to any Content or information contained on the Site, or as to the merchantability or fitness for a particular purpose of such Products, Content or any information, or that the Products will accomplish the intended results or are safe for any purpose including the intended purpose, or that any of the above will not interfere with privately- owned rights of others.
IN NO EVENT, REGARDLESS OF CAUSE, SHALL THE COMPANY ASSUME RESPONSIBILITY OR LIABILITY FOR (a) PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, OR (b) INDEMNIFICATION OF CUSTOMER OR OTHERS FOR COSTS, DAMAGES, OR EXPENSES EACH ARISING OUT OF OR RELATED TO THE PRODUCTS OR INFORMATION DESCRIBED OR PROVIDED PURSUANT TO THE SITE, OR (c) INDIRECT OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCE, INCLUDING ANY LOSS, INJURY, OR OTHER DAMAGES. THE COMPANY’S MAXIMUM LIABILITY, INCLUDING DIRECT DAMAGES, SHALL NOT EXCEED THE AMOUNT OF ANY PRODUCTS PURCHASED HEREUNDER. THIS LIMITATION OF THE COMPANY LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.
We cannot guarantee the availability of a particular Product at any particular time. We reserve our right to change the Product offerings on the Site, without notice, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility of the Site from time to time in our sole and absolute discretion. When you visit the Site or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
We contract with a third party to manage the transaction purchase process. Any information you provide in connection with such transactions, including credit card information, and other personal information, are managed through the third party we contract with, and will be subject to the third party’s terms and conditions, which are accessible during the checkout process. We do not retain or share any such information.
Additional Policies and Agreements
Your purchase of products on our Site may be subject to additional terms and conditions, including our policies on product returns or exchanges, which will be presented to you when you make a purchase.
Modifications and Interruption to the Sites
We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Site, or that operation of our Site will be uninterrupted or error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or other country.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
Without limiting the generality or effect of other provisions of these Terms and Conditions, as a condition of use, you agree to indemnify, hold harmless and defend the Company and its parents, subsidiaries, affiliates, licensors, licensees, suppliers, partners and providers and their officers, directors, affiliates, subcontractors, agents and employees (each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of (a) your purchase of the Products; (b) your failure to comply with any applicable laws and regulations; and/or (c) your breach of any obligations set forth the Terms and Conditions. You will not settle any such claim without the written consent of the applicable Indemnified Party.
You are prohibited from interfering with, creating an excessive burden on or otherwise disrupting our Site, servers, or networks connected to them. We reserve the right (but have no obligation) in our sole discretion to edit, refuse, move, or remove any User Content that is posted on our Site or prohibit your access to our Site in the event of a violation of these Terms and Conditions.
We have the right to utilize data capture, syndication and analysis tools, and other similar tools, to extract, compile, synthesize and analyze any non-personally identifiable data or information (including, without limitation, User Content) resulting from your access and use of the Site (“Blind Data”). To the extent that any Blind Data is collected by the Company, that Blind Data will be solely owned by the Company and may be used by the Company for any lawful business purpose without a duty of accounting to you, provided that the Blind Data is used only in an aggregated, fully de-identified form, without specifically identifying the source of the Blind Data. We agree to comply with the applicable U.S. laws and regulations respecting the dissemination and use of such Blind Data.
All communications, feedback, questions, comments, suggestions, proposed features or products, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of the Company. By submitting Feedback, you assign to the Company, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Copyright and Trademark Information
All Content, copyrights, and other intellectual property rights in the Content available on our Site, including without limitation Site design, text, graphics, interfaces, function and “look and feel”, data, files, documents, software, scripts, layout, design and the selection and arrangements thereof, are owned by the Company, with all rights reserved, or in some cases may be licensed to the Company by third parties.
Content is protected by the intellectual property rights of the Company or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.
Occasionally there may be typographical errors, inaccuracies or omissions in the Content. The Company reserves the right to correct any accuracies, errors or omissions in the Content; however, the Company undertakes no obligation to update, amend or clarify Content, except as required by law.
Governing Law; Arbitration
These Terms and Conditions and all claims related to them, their execution or the performance of the Parties under them, shall be construed and governed in all respects according to the internal laws of the State of California without regard to the conflict of law provisions thereof. You hereby waive any right to bring any claim against the Company in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. You waive any right you may have to start or participate in, and agree to opt out of, any class action against the Company arising from or relating to the purchase of Products or these Terms and Conditions. Any controversy or claim arising out of or relating to an alleged breach of these Terms and Conditions or the purchase of Products shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, CA and the language of such arbitration shall be English. We may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the Company’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power or right to alter, change, amend, modify, add or subtract from any provision of these Terms and Conditions. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties and judgment may be entered thereon in any court of competent jurisdiction.
Changes to These Terms
We reserve the right, at any time, to modify, alter, or update these Terms and Conditions without prior notice. You are encouraged to check this page regularly for changes to the Terms and Conditions. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of our Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms and Conditions.
If any provision of these Terms and Conditions is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of the Company. You agree that these Terms and Conditions and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. You agree that these Terms and Conditions and any other agreements referenced herein may not be assigned by you. These Terms and Conditions shall apply in addition to, and shall not be superseded by, any other written agreement between us. You agree and understand that these Terms and Conditions together with any other applicable click-through agreements you may have entered into regarding sharing social media content to the Site or associated social media accounts, constitutes the entire agreement between you and the Company regarding your use of the Site, and that any other prior agreements between you and the Company are superseded by these Terms and Conditions. Any failure by the Company to exercise its rights under these Terms and Conditions or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or relating to these Terms and Conditions must be filed within six months after such claim or cause of action arose or be forever barred.
The Company shall not be liable for any loss, damage or delay in delivery due to acts of God or causes beyond its reasonable control including acts by you, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, transportation embargoes, or inability due to causes beyond its reasonable control to obtain necessary engineering talent, labor, materials or manufacturing facilities. In the event of such delay, the delivery date shall be extended for that length of time as may be reasonably necessary to compensate for the delay.
Third Party Beneficiaries
There shall be no Third Party Beneficiaries to this Agreement unless specifically agreed to by the Company in writing.