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Terms of Service

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. THIS AGREEMENT CONTAINS A LIMITATION OF LIABILITY, WARRANTY AND GENERAL DISCLAIMERS, AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND AN AGREEMENT TO AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION TERMS. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE, INCLUDING THE WEBSITE OR ANY APPLICATION. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. SKINCO LLC DOES NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR YOUR ACCESS OR USE OF IT.

Overview

This website is operated by SkinCo LLC. Throughout the site, the terms “we”, “us” and “our” refer to SkinCo LLC. SkinCo LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

  1. Online Store Terms

    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    You must not transmit any worms or viruses or any code of a destructive nature.

    A breach or violation of any of the Terms will result in an immediate termination of your Services.

  2. General Conditions

    We reserve the right to refuse service to anyone for any reason at any time.

    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  3. Accuracy, Completeness and Timeliness of information

    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk

    This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

  4. Modifications to the Service and Prices

    Prices for our products are subject to change without notice.

    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  5. Products or Services (if applicable)

    Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our “Return Policy” Return Policy.

    We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

    We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

    We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  6. Accuracy of Billing and Account Information

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    For more detail, please review our “Return Policy” Return Policy.

  7. Optional Tools

    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

  8. Third-Party Links

    Certain content, products and services available via our Service may include materials from third-parties.

    Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  9. User Comments, Feedback and Other Submissions

    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  10. Personal Information

    Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

  11. Errors, Inaccuracies and Omissions

    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  12. Prohibted Uses

    In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  13. Disclaimer of Warranties; Limitation of Liability

    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

    In no case shall SkinCo LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  14. Indemnification

    You agree to indemnify, defend and hold harmless SkinCo LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  15. Severability

    In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

  16. Termination

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  17. Entire Agreement

    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

  18. Governing Law

    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of SkinCo LLC, 4361 VALLEY BLVD, UNIT C5, Los Angeles CA 90032, United States.

  19. Electronic Communications and Signatures

    You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law and reinforcing Personal Information. As outlined in the Company’s Privacy Policyincorporated herein, we will protect your Personal Information and disclose it only in a limited number of circumstances. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to thwart those measures, or use your Personal Information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.

    These two things are important and linked Data Ownership and Usage. As specified in the Company’s Privacy Policyincorporated herein, we will own all Aggregated Data, and the Privacy Policy will govern how we collect and use Personal Information that is submitted through the Services. By accessing or using the Services, you agree to that you have read and accept our Privacy PolicyAs explained in our Privacy Policywe have controls in place to prevent outside parties from stealing or accessing your data and Personal Information, but they are not foolproof. Please exercise caution when disclosing any Personal Information while using our Website. We will notify one another if either of us becomes aware that your data and/or Personal Information has been compromised. You are solely responsible for resolving disputes regarding ownership or access to your data, including those involving any current or former owners, co-owners, employees or contractors of your business. You acknowledge and agree that the Company has no obligation whatsoever to resolve or intervene in such disputes. Personal Information. As outlined in the Company’s Privacy Policyincorporated herein, we will protect your Personal Information and disclose it only in a limited number of circumstances. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to thwart those measures, or use your Personal Information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.

  20. Changes to Terms of Service

    You can review the most current version of the Terms of Service at any time at this page.

    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  21. Contact Information

    Questions about the Terms of Service should be sent to us at support@luminskin.com

  22. Automatic Renewal

    If you have purchased a subscription, you agree that your subscription will be automatically renewed at the rate and term as provided prior to checkout. Your default payment method will be automatically renewed and charged after the subscription or trial period if you do not cancel or extend your subscription within the period, and it will continue to be renewed at this same price and term until you cancel. You can extend your trial, cancel your subscription at no cost, or modify the items in your subscription by using your online account system or contacting the Lumin support team support@luminskin.com

  23. Automatic Renewal Of Free Trials

    If you have purchased a free subscription, you agree that you will receive a free 1 month supply of products and only pay the cost of shipping. 30 days after the date of your free trial order date, you agree that your subscription will be automatically be enrolled into a subscription that renews every 2 months for the price of the two month supply at a subscription discount. Your default payment method will be automatically renewed and charged after the trial period if you do not cancel or extend your subscription within the period, and it will continue to be renewed at this same price and term until you cancel. You can extend your trial, cancel your subscription at no cost, or modify the items in your subscription by using your online account system or contacting the Lumin support team at support@luminskin.com

  24. Arbitration and Class Action Waiver

    By accessing or using the Service, you agree that the exclusive means of resolving any dispute or claim between you and SkinCo LLC (including any officer, director, member, manager, employee, independent contractor, agent or representative, or any affiliate of any of these parties (the “SkinCo Parties”)) arising out of or relating to: (i) this Agreement, (ii) the Service, or (iii) any transaction between us, shall be by binding arbitration. You and SkinCo Parties further agree that any decision regarding the enforceability or validity of this arbitration provision will be determined by the arbitrator and not by any court. You further agree not to, under any circumstances, bring or maintain any claim against the SkinCo Parties as part of a class action, class arbitration, or other representative action or proceeding. In agreeing to this, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT INCLUDING YOUR RIGHT TO A JURY TRIAL. YOU ARE ALSO GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER CLASS PROCEEDING. If you do not agree to this arbitration agreement and class action waiver, you must send a written letter to us at the [insert address] within ten (10) days of your initial assent to these Terms (including your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.

    In arbitration, your claims will be heard and determined by a neutral arbiter, not a judge or jury. You are entitled to a fair hearing in front of the arbitrator. Arbitration is usually a more informal streamlined procedure than a court proceeding. An arbitrator can grant the same relief that a court can award. Therefore, decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The arbitrator will not have the authority to: (1) consolidate claims brought by more than one person against the SkinCo Parties; (2) preside over any representative or class action against the SkinCo Parties; or (3) award damages to a class. Any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. You acknowledge and agree that this class action waiver is material to the agreement to arbitrate disputes.

    This Agreement, and any dispute between you and SkinCo, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association (“AAA“), and conducted under AAA’s Commercial Arbitration Rules (“AAA Rules”) in effect at the time of the dispute. You may obtain copies of the AAA Rules which explain how to begin an arbitration procedure by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879.

    In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the SkinCo Parties may be commenced only in the federal or state courts located in Los Angeles, California. You hereby irrevocably consent to the jurisdiction of these courts and waive any right to a trial by jury.

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