TERMS AND CONDITIONS OF USE

Last updated: April 26, 2018

The Terms and Conditions of Use (hereinafter “Terms of Use”) apply to your access to and/or use of the websites, microsites, mobile applications, and other online services of Skin PS Brands (hereinafter, “we,” “us,” “our,” “ourselves,” or “Skin PS”) and our brands and lines of business that expressly adopt, and display or link to, these Terms of Use (collectively, the “Sites”). These brands and lines of business include, without limitation, our websites located at  http://www.drpimplepopper.com, http://theprettypimple.com, http://www.skinpsbrands.com/,  and http://www.skinps.com/.  Please read these Terms of Use carefully before using any of our Sites.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

Through the Sites, you may access to a variety of resources and content. These may include: (a) access to our software incorporated into and/or through our Sites (“Software”); (b) any content uploaded to, on or through the Sites, including but not limited to data, messages, text, images, photographs, graphics, audio and video (“Content”); and (c) any systems used in connection with the Sites to upload, download, share, email, post, publish, transmit or otherwise access or make available Content, including discussion groups, chat areas, bulletin boards, blogs, etc. (“Systems”).  Collectively, Software, Content, and Systems shall be referred to hereinafter as “Services”.

The following Terms of Use constitute a legal agreement between you and Skin PS Brands concerning your access to and/or use of the Sites and/or Services, or any part thereof (“Terms of Use”).  We may revise the Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted at this location. Your continued access of the Website after such posting constitutes your consent to be bound by the Terms of Use, as amended

BY ACCESSING, USING OR VISITING THE SITES AND/OR SERVICES, OR ANY PART THEREOF, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS, USE OR VISIT THE SITES AND/OR SERVICES, OR ANY PART THEREOF.

 

User Responsibilities

You are responsible for your use of the Sites and Services, and for any information you provide to, on or through the Sites and/or Services, or any par thereof. You are also responsible for any consequences resulting indirectly or directly from your use of the Sites and/or Services, or any part thereof. In connection with your use of the Sites and/or Services, or any part thereof, you acknowledge and agree that you shall not:

 

  1. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained through the Sites and/or Services, or any part thereof;

 

  1. access the Sites and/or Services, or any part thereof, by any means other than through the standard industry-accepted or the provided interfaces;

 

  1. transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

 

  1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with such a person or entity;

 

  1. post or transmit any Content that contains a virus or corrupted data, use the Sites and/or Services, or any part thereof, in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or Services, or any part thereof;

 

  1. delete any author attributions, legal notices or proprietary designations or labels associated with any Content that you upload to, on or through the Sites and/or Services, or any part thereof;

 

  1. violate any applicable local, state, national or international law, including, but not limited to, uploading or transmitting any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and

 

  1. manipulate or otherwise display the Sites and/or Services, or any part thereof by using framing or similar navigational technology; or use the Sites and/or Services, of any part thereof, for any purpose that is unlawful or prohibited by these Terms of Use.

Access to Services

You must create an account with us and become a registered user in order to fully access all of the features of the Sites and/or Services.  All users must obtain a unique login and password and may be required to agree to the terms of a Software As A Service Agreement (“SaaS Agreement”) as it relates to use of our Software.  Prior to using the Software, you must first agree to by clicking on the “I AGREE” (or similar prompt) to evidence your acceptance of the SaaS Agreement.

Age Restriction – Children’s Privacy

We are committed to protecting the privacy of children.  You should be aware that the Sites and Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

You must be at least 18 years old to create an account and/or use the Sites and/or Services. The Sites and Services, and every part thereof, is intended for adults only and is not intended for any children under the age of 18. We do not knowingly allow anyone under the age of 18 to create accounts that allow access to the secured features of the Sites and/or Services.

Privacy

Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information and is incorporated herein by reference. You understand that through your use of the Sites and/or Services you consent to the collection and use of this information, as set forth in the Privacy Policy.

Purchases

We may charge fees associated with certain aspects of the Sites and/or Services, including, without limitation, for memberships, subscriptions or the download of apps, products and/or additional features. Such products or services, if any, will be made available for purchase on specified pages of the Sites, or otherwise as indicated on or through the Sites and/or Services. In the event of any fee changes by us, we will provide you with commercially reasonable notice of such charge.

If you wish to purchase any product or service made available through the Sites and/or Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

When you provide credit card information to us, you represent and warrant that: (i) you are the authorized user of the credit card that is used for the Purchase; (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any such Purchase; and that (iii) the information you supply to us is true, correct and complete.

You agree to promptly notify us of any changes to your credit card account number, its expiration date and/oryour billing address, and you agree to promptly notify us if your credit card expires or is canceled for any reason. You will have ten business days to accept any new fees. In the event that you fail to accept the new fees by written notice to us, your subscription, plan, or other ongoing, paid-for products and/or services on or through the Sites and/or Service, as applicable, may be immediately terminated. We reserve the right to collect applicable taxes and impose premium surcharges for certain products and/or services on or through the Sites and/or Services.

The Sites and/or Services may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

If you order a subscription, each month that you use the Sites and/or Services, or any part thereof, you agree and reaffirm that we are authorized to charge your credit card for the subscription fee.

We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item (“Purchaser Errors”). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Sites and/or Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible for any Purchaser Errors.

In no event will we be liable for any defects or other problems associated with downloads or purchases on or through the Sites and/or Services. We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any Purchases.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Sites and Services. We may experience delays in updating information on the Sites and/or Services and in our advertising on other web sites. The information found on the Sites and/or Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Sites and/or Services and we cannot guarantee the accuracy or completeness of any information found on the Sites and/or Services.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes, surveys, or other promotions (collectively, “Promotions”) made available through the Sites and/or Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

We may rely on the expertise of third-party service providers to run sweepstakes, contests, surveys, and/or other promotions. Navigation to sites operated by such third-party service providers may be seamless so that it appears you are still using our Sites and/or Services. In these cases, the third-party’s privacy policy may apply to any personal information you elect to provide in connection with any such sweepstake, contest, survey, or other promotion. Therefore, please take note of who is running the sweepstake, contest, survey, or other promotion in question; and the terms, conditions, and policies that apply.

Social Networking and Other Third-Party Sites and Services

We may at times facilitate easy access to third-party sites and online services, like social networks and other services that host user-generated content (“Social Networks”). This may include easy click-through access, the ability for you to share content on third-party services, or even “single sign-on” to these services. The third-party’s privacy policy applies to any information or content you provide through these services related to arising out of Social Networks.

Accounts and Password

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.  You further agree to maintain and promptly update your registration information to keep it true, accurate, current and complete.  Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Sites.

As a registered user, you must choose a unique username and password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access the Website and/or Services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You are solely responsible for the activities of anyone accessing the Sites and/or Services using your password, even if the activities were not authorized by you. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Sites and/or Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account and/or password. In addition, if you believe or suspect your account and/or password have been compromised, you must promptly change your password using the functionality provided on the Sites.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Security

We have no way of knowing and will not be responsible or liable for any access to the Sites and/or Services, or any part thereof, that is achieved through improper means. In addition, individuals using our Sites and/or Services, or any part thereof, must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. We doe not warrant that the Sites or Services, or any part thereof, are “hackerproof.”  You are solely responsible for maintaining the confidentiality of any user name and password you use to access the Sites and/or Services and are fully responsible for all activities that occur under your password or account. You agree (i) to notify us immediately of any unauthorized use of your password or any other breach of security and (ii) to ensure that you log out of your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Mobile Website

Some of our Sites and/or Services may be made available in a mobile-friendly format, as well (our “Mobile Site”). All mobile phones that have Internet access can make use of the Mobile Site, if any. Users with mobile phones that have this access also have the option to view the full html website that is available on your computer. Prices for all products and services, including any special pricing and/or promotions, exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. IN NO EVENT WILL SKIN PS BRANDS BE RESPONSIBLE FOR ANY TELECOMMUNICATION CHARGES ASSOCIATED WITH USE OF ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, A MOBILE SITE.

Intellectual Property

The Sites, Software and Systems, including all of the software and code comprising or used to operate the Sites, Software and/or Systems, and all Content provided by Skin PS Brands are and shall remain the exclusive property of Skin PS Brands or third parties who have licensed their rights to Skin PS Brands. No right, title or interest in the Sites, Software, Systems or any Skin PS Brands’ Content is transferred to you under these Terms of Use. Skin PS Brands does not claim ownership of the copyrights in any other Content.

The Sites, Software and Systems are each protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Skin PS Brands. All trade names, trademarks and service marks displayed on the Sites, Software and Systems are the registered or unregistered trademarks of Skin PS Brands, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks or other Skin PS Brands intellectual property displayed on the Sites or in the Services without the prior express written permission of Skin PS Brands.  All rights, title and interest not expressly granted with respect to the Sites and/or Services are reserved by Skin PS Brands. All such Content is provided on an “As Is” and “As Available” basis, and Skin PS Brands reserves the right to terminate the permissions granted to you by these Terms of Use and your use of the Sites and/or Services at any time. The Content posted on or through the Website by any person, regardless of that person’s affiliation or non-affiliation with Skin PS Brands, reflect only the opinions of the person posting the Content and not the opinions or views of Skin PS Brands or their affiliates, agents, employees, managers, officers, owners or sponsors.

Links To Other Web Sites

Our Sites and/or Services may contain or provide links to third party websites or resources and/or access to contact, products or services of third parties, including, without limitation, users, advertisers, affiliates and sponsors of the Sites and/or Services as well as third-party service providers running Promotions and Social Networks (collectively, “Third-Party Sites”).  Such Third-Party Sites are not owned, endorsed or controlled by Skin PS Brands.  The inclusion of any link or access does not imply an endorsement by us of the Third-Party Sites.

Skin PS Brands is not responsible in any manner for any Third-Party Sites provided on or through the Sites and/or Services or for any changes or updates to such Third-Party Sites. Skin PS Brands has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such Third-Party Sites. We do not warrant the offerings of any of these Third-Party Sites or the entities/individuals that own or operate them.

You acknowledge and agree that Skin PS Brands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Services.  YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH THIRD-PARTY SITES.

We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Sites or services that you visit.

Copyright Policy

Skin PS Brands respects the intellectual property rights of others and expect users of the Sites and/or Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, you must provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content 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 us to locate the Content; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Monitoring

Notwithstanding the foregoing or anything herein to the contrary, Skin PS Brands reserves the right to review the Sites and/or Services and to monitor all use of and activity on the Sites and/or Services, and to remove, alter, edit or choose not to make available on or through the Sites and/or Services any Content, in whole or in part, in its sole discretion. We may remove Content that is confidential or proprietary to a third party without that third party’s permission; provided, however, that in no event shall Skin PS Brands be considered a “publisher” or a “speaker,” as defined in Section 230(c) of the Communications Decency Act, codified at 47 U.S.C. §230 et. seq., of any such Content.

THE SITES AND SERVICES DO NOT PROVIDE MEDICAL ADVICE

Skin PS Brands is not and shall not be responsible for any healthcare related emergencies and/or treatment. The Content of the Sites and/or Services are for informational purposes only.  Neither the Sites nor the Services, or any part thereof, are a substitute for professional healthcare and/or medical advice, diagnosis or treatment and/or services provided by a personal physician or other qualified healthcare provider.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and/or Services, or any part thereof!

If you think you may have a medical emergency, call your doctor or 911 immediately. Skin PS Brands does not recommend or endorse any specific tests, providers (including, but not limited to, hospitals and physicians), products, procedures, opinions, or other information that may be mentioned on or through the Sites and/or Services, or any part thereof. Any opinions expressed on or through the Sites and/or Services, or any part thereof, are the opinions of the individual author, not of Skin PS Brands. Reliance on any information provided by Skin PS Brands, its employees, others appearing on or through the Sites and/or Services, or any part thereof, at the invitation of Skin PS Brands, or other visitors to the Sites and/or Services, or any part thereof, is solely at your own risk.

Termination

We may terminate or suspend your account and bar access to the Sites and/or Service, or any part thereof, immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Use.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL SKIN PS BRANDS, OR ITS SPONSORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS OR SPONSORS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES (WHETHER ACTUAL OR CONSEQUENTIAL) ARISING OUT OF OR IN CONNECTION WITH THE SITES AND/OR SERVICES, ITS CONTENT, OR ANY PRODUCTS OR OTHER SERVICES MADE AVAILABLE THROUGH THE  SITES AND/OR SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SITES AND/OR SERVICES, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SKIN PS BRANDS OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SKIN PS BRANDS, ITS SPONSORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS AND SPONSORS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

EXPRESS DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF, IS AT YOUR SOLE RISK. SKIN PS BRANDS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SITES AND/OR SERVICES, ANY CONTENT ON THE SITES AND/OR SERVICES, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THE SITES AND/OR SERVICES. THE SITES AND SERVICES AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKIN PS BRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKIN PS BRANDS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON OR THROUGH THE SITES AND/OR SERVICES.

SKIN PS BRANDS ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS ASSOCIATED WITH THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL BE CORRECTED; C) THE SITES AND/OR SERVICES, OR ANY PART THEREOF, IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL MEET YOUR REQUIREMENTS.

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF  CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SKIN PS BRANDS AND THEIR RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES AND/OR DAMAGES (WHETHER ACTUAL OR CONSEQUENTIAL), OF EVERY KIND AND NATURE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED (COLLECTIVELY REFERRED TO HEREIN AS “CLAIMS”) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS AND/OR USE OF OR RELIANCE ON THE SITES AND/OR SERVICES, OR ANY PART THEREOF, OR ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SITES AND/OR SERVICES; (B) YOUR VIOLATION OF THESE TERMS OF USE OR ANY ADDITIONAL RULES, GUIDELINES OR TERMS OF USE POSTED FOR A SPECIFIC AREA OF THE SITES AND/OR SERVICES OR CONTENT PROVIDED ON OR THROUGH THE SITES AND/OR SERVICES; OR (C) YOUR VIOLATION OR INFRINGEMENT OF ANY THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS AND PRIVACY RIGHTS.

STATUTE OF LIMITATIONS

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF, INCLUDING ANY SERVICE PROVIDED BY, ON OR THROUGH THE SITES AND/OR SERVICES, OR THE TERMS OF USE, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Governing Law and Venue

These Terms of Use shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

If there is any dispute, claim or controversy arising out of or related to your use of and/or access to the Sites and/or Services, or any part thereof, or these Terms of Use, you agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the City of Los Angeles, County of Los Angeles, State of California.

Compliance with Laws

You shall comply with all applicable law when you use the Sites and/or Services.

Amendment and Waiver

Any amendment or modification to these Terms of Use, or waiver of the rights and obligations under these Terms of Use, must be a writing signed by Skin PS Brands or an authorized Skin PS Brands officer. The failure of Skin PS Brands to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Skin PS Brands in writing.

Assignment

You may not assign these Terms of Use without Skin PS Brands’ prior written approval. Skin PS Brands may assign these Terms of Use without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Skin PS Brans’ equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Skin PS Brands or any third party service and/or healthcare provider as a result of these Terms of Use or use of the Sites and/or Services. These Terms of Use shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect, and the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any applicable SaaS Agreement, set forth the entire understanding and agreement between you and Skin PS Brands and supersede all prior understandings and agreements between you and Skin PS Brands with respect to the subject matter hereof. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, as it relates to the use of confidential information and/or “protected health information,” as that term is defined in Section 160.103 of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No.104-191, the Privacy Policy shall govern on such matters.

Force Majeure

Skin PS Brands shall not be liable for delays in performing or failure to perform any obligations herein, for any reason beyond Skin PS Brands’ control, including but not limited to, acts of God, fires, terrorism, strikes, civil tumult, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction, or any other reason.

Changes

We reserve the right, at our sole discretion, to modify, update and/or replace these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of our Sites and/or Services. When we change the Terms of Use we will update the Effective Date at the top of this page. Your continued use of our Sites and/or Services after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms of Use, please contact us at info@skinpsbrands.com or call 310-425-8894.

 

Copyright © 2018 Skin PS Brands. All rights reserved for all countries.