TERMS OF SERVICE - SUMMARY
TERMS OF SERVICE
These Terms and Conditions are the official terms of service for Skinesa®’s website at http://www.skinesa.com (the “Site”). The content, products (“Products”), and services (“Services”) available on the Site are provided to you by Skinesa, Inc d/b/a Skinesa®, and its respective parent companies, subsidiaries, affiliates, and licensors (hereafter, “Skinesa®,” “Us”, “Our”, “We”) subject to the following Terms and Conditions. By accessing or using the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions and any other policies and terms posted on the Site.
We reserve the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage. We encourage you to review these Terms and Conditions whenever you purchase Products or Services from or otherwise use the Site. By using this Site, you agree to be bound by the Terms and Conditions that are posted on the Site at the time of your access or purchase.
The Products and Services on this Site are intended for personal, non-commercial purposes only. Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, link, rent, frame, lease, loan, sell, license, or in any way exploit the content or Products or Services of this Site. You agree to use this Site, its content and Products and Services, only for lawful, non-commercial purposes and in compliance with the all international, federal, state and local laws.
The sale or linking of our Products or Services on or to any third-party e-commerce website, marketplace or mobile application without our specific written consent is expressly prohibited.
Skinesa® does not authorize or permit the resale of our Products by unauthorized resellers, retailers or distributors. Any account associated with a purchase order that we suspect is connected with the illegal distribution of our Products, or any other activity that was not pre-approved in writing by an authorized officer of Skinesa®, may be subject to suspension or termination and restrained from further access to this Site. Any open orders associated with such an account will then be cancelled and credited back to the original purchaser. Skinesa® reserves the right to pursue any unlawful reseller, retailer or distributor for violations under applicable law including, but not limited to, The Lanham Act.
Skinesa® only ships Product or Service orders to shipping addresses that are in the U.S.A and have a physical address or USPS Post Office Box. The use of a false name, address, telephone number and/or credit card number to purchase any Products or Services on this Site shall constitute fraud under the laws of the state of Georgia and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud Skinesa®; 4) that Skinesa®’s reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that Skinesa® was and is damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.
To sign up for the Services, register for an account on the Services (an “Account”). Provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. Never use another person’s user account or registration information for the Services without permission. Notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. Never publish, distribute or post login information for your Account. You have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION
Currently, we only ship to addresses within the United States. If you purchase a subscription to Skinesa through our Site, we will send you a shipment containing a thirty (30) day supply of skin probiotic supplements from us. Our monthly subscription term is structured to ensure that you do not run out of your probiotic supplements for skin at the end of each month.
Your subscription will continue, and you will be charged, monthly, until you choose to cancel. However, please note that all fees for the Services after 90 days of first and initial purchase are non-refundable, so if you cancel your subscription, we will send you any outstanding supply of probiotic supplements but will not refund you any amounts for shipments not received as of the date of cancellation. Additionally, if you cancel your subscription and reactivate that same subscription at a later date, you are no longer eligible for a refund. There is no subscription fee associated with your subscription. You will only be charged for the cost of the Product. After your initial monthly subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a "Renewal Commencement Date") and continue monthly, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your account and going to the "Manage Subscription" page of your "My Account" page.
If you do not wish your account to renew automatically and would like to pause your subscription, or if you want to cancel your subscription, please log into your account and go to the "Manage Subscription" page on your "My Account“ page. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you a shipping confirmation email reminder prior to delivery for each subscription period. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period. You agree that the we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
PRODUCT AVAILABILITY - STRICTLY FOR US RESIDENTS ONLY
The availability and descriptions of the Products included on this Site may vary based on location and timing.
Skinesa® welcomes comments and submissions from our Site and Product users. From time to time, you and other users of this Site may have an opportunity to post to this Site your ideas, information, data, text, photographs, graphics, videos, music, sound, messages, and comments, or events, facts, advice, tips, opinions and other material (collectively, the “User Content”).
You do not have to submit anything to this Site, but if you do choose to submit any User Content, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, then do not post it on this Site. We are not responsible for any user’s misuse or misappropriation of any User Content that you post on this Site.
By submitting any User Content to us and/or our Site, you further represent and warrant that you own or otherwise control any and all rights in and to the User Content, and that our posting and use of that User Content will not infringe or violate the rights of any third party in any manner including, without limitation, any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (i) you are above the legal age of majority in your jurisdiction of residence; (ii) you have not previously been either suspended or removed from this Site; (iii) you do not currently, nor will you at any given time in the future, have more than one (1) customer account for this Site; (iv) you will provide us with true, accurate, current and complete information if you register for an account and/or Order; and (v) you have capacity and authority to enter into these Terms and Conditions and, in doing so, will not violate any other agreement to which you are a party.
If we believe or suspect that your account information is not true, accurate, current or complete, we may deny or terminate your access to this Site (or any portion thereof).
INTELLECTUAL PROPERTY AND TRADEMARK RIGHTS
This Site and all of its contents including, but not limited to, articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), logos, trademarks, trade names, titles, characters, names, software, graphics and button icons, excluding User Content (collectively, “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. All Proprietary Material on the Site is owned or controlled by Skinesa® or by third parties that have provided rights thereto to Skinesa®.
Except as otherwise provided in these Terms and Conditions or with our express prior written permission, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, publicly perform or display, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any technology or media now known or later developed.
Modification of the Proprietary Material on this Site or use of such Proprietary Material for any purpose is a violation of our copyright and other proprietary rights.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
If you are a copyright owner, or an agent thereof, and you believe that any User Content or other content on this Site infringes upon your copyright, you may submit us a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
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 should be disabled, and details reasonably sufficient to help us locate the material on the Site;
Information reasonably sufficient to permit us to contact you (i.e., your name, address, telephone number, and, if available, your e-mail address);
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the above notification is accurate and that you are the owner, or are authorized to act on his or her behalf, of an exclusive right that is allegedly infringed; and
Your physical or electronic signature.
You may submit your notification to us via email at: firstname.lastname@example.org, with “DMCA Notice” in the subject line.
Only DMCA notices should go to the email listed above. Any feedback, comments, requests for technical support, questions about Products or Services, and other communications should be directed to our customer service department at 1-877-SKINESA. You acknowledge that if you fail to comply with each of the requirements set forth above, your DMCA notice may not be valid.
After receiving a notification of infringement, we will investigate the claim and take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices that substantially complying with the DMCA, we will act expeditiously to remove or disable access to (i) any material claimed to be infringing or the subject of infringing activity, and (ii) any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the owner that we have removed or disabled access to such material.
If User Content provided by you was removed, or access to which was otherwise disabled, and you believe such User Content is not infringing or that you otherwise had authorization to post and use the content in your User Content, you may send a written counter-notice to the Copyright Agent listed above, containing the following information:
Identification of the User Content that was removed or access to which was disabled and the location at which the User Content appeared before it was removed or access to which was disabled;
A statement under penalty of perjury that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification;
Your name, address, telephone number, and e-mail address;
A statement that you consent to the jurisdiction of the federal district court in Atlanta, Georgia and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
Your physical or electronic signature.
If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we will replace the removed content or cease disabling access to it within ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the User Content provider, the removed content may be replaced, or access to it may be restored.
Skinesa® offers a 90-Day Money Back Warranty on all Products purchased through our Site. This warranty comes into effect on the day your Product is first initially purchased and expires ninety (90) days after your first and initial purchase. Please note that a maximum of three (3) bottles are eligible for return within ninety (90) days of your first and initial purchase. You will be responsible for any shipping charges incurred in returning any Product. Please contact our Customer Service at 1-877-SKINESA for further assistance with your return.
We want you to be completely satisfied with your Products and your experience with our company. To ensure your satisfaction, we have made it easy to return Product for a refund.
Probiotics cannot be exchanged.
90 DAY SATISFACTION GUARANTEE
Return Skinesa Product for any reason for a full refund within 90 days of first and initial purchase. Please call prior to returning any Product.
Skinesa® (INCLUDING OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND EMPLOYEES (COLLECTIVELY, “RELATED PARTIES”)) PROVIDES THE SITE, PRODUCTS, AND CONTENTS OF ITS WEBSITE ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Skinesa® AND ITS RELATED PARTIES DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Skinesa® AND ITS RELATED PARTIES DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THIS SITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
IN ADDITION, Skinesa® AND ITS RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.
NOTICE REGARDING HEALTHCARE ADVICE
No content contained in this Site is intended as, nor should be construed as, medical advice. Consumers should consult with their healthcare professional for individual medical recommendations. The information in this Site concerns lifestyle modifications and Dietary Supplements. They are not drugs. ALL Dietary Supplements, including Skinesa Skin Probiotic, are not intended to diagnose, treat, cure, or prevent any disease. Skinesa does not receive compensation for studies referenced in articles on this Site; products mentioned in the same article should not be considered an endorsement by the author of the study.
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
This site offers health, wellness, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute or replacement for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. Results do not necessarily reflect typical results from implementation of this lifestyle program or the use of this product.
Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
LIMITATION OF LIABILITY
WE AND OUR RELATED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE, ITS CONTENT OR ANY PRODUCT SOLD OR ADVERTISED ON THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR INJURY, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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, AND THE LIABILITY OF OUR RELATED PARTIES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND/OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, STATEMENT OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF A PROFESSIONAL, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, STATEMENT OR OTHER CONTENT ON THE SITE.
IN THE EVENT OF ANY ISSUE YOU ENCOUNTER WITH THIS SITE OR ANY CONTENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH PRODUCTS THAT YOU HAVE PURCHASED THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH THE POLICIES POSTED ON THIS SITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS SITE OR ANY CONTENTS OR PRODUCTS OBTAINED, PURCHASED, OR DOWNLOADED FROM THIS SITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Skinesa® FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
GOVERNING LAW; MISCELLANEOUS
We control and operate this Site from our offices in the State of Georgia, United States of America. We welcome visitors from all parts of the world; however, all visitors acknowledge that this Site, and all content and Products and Services available on and through this Site, are governed by the laws of the United States of America and the laws of the State of Georgia. We do not represent that the content or Products or Services on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with any applicable local laws.
You expressly agree that exclusive jurisdiction for any claim or dispute relating in any way to this Site, its contents, Products, or Services resides in the courts of the County of Fulton, State of Georgia. You further agree and expressly consent to the exercise of personal jurisdiction in federal and state courts of the County of Fulton, State of Georgia, in connection with any such claim or dispute.
If either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of, relating to or in connection with the Site, its content or Products or Services, then the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including, without limitation, attorneys’ fees and costs and/or court costs) incurred in the proceeding.
A printed version of the Terms and Conditions and of any notice or communication given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms and Conditions at any time. Both parties acknowledge that these Terms and Conditions express both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in these Terms and Conditions. The parties agree that these Terms and Conditions shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. Captions and section headings used in these Terms and Conditions are for convenience only. All necessary provisions shall survive any termination of these Terms and Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. The failure of Skinesa® to exercise in any respect any right provided for herein shall not be deemed a waiver of any of its rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms and Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and Conditions and allowed under applicable law.
All Products ship from the United States and customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees.
Skinesa® Product Support
ORDERS, SHIPPING & CANCELLATIONS
All orders received by 5PM Mountain Standard time will be processed the day they are received. Cancellations are accepted if made prior to 5PM Mountain Standard time. Orders are shipped via UPS and arrive in approximately 3 business days. Probiotics shipped do not require refrigeration.
Shipping fees are non-refundable except for shipments damaged in transit or delayed by shipping vendor beyond a guaranteed delivery date.
Skinesa, Inc. dietary supplements bearing the Skinesa® brand label are sold exclusively through domestic distributors. Resale of Skinesa® products is strictly prohibited.
Any unauthorized resale of Skinesa® products voids the guarantee.
Skinesa® is manufactured and inspected in a FDA registered facility certified with the Department of Agriculture and Food, according to Good Manufacturing Practices (GMP). However, the FDA doesn’t approve dietary supplements. This is an important distinction. Unlike new drugs, dietary supplements are not reviewed and approved by FDA based on their safety and effectiveness.
OWNERSHIP OF CONTENT
Reproduction of this web site, in whole or in part, is prohibited by law.
All content included on this Site, such as text, logos, graphics & images is the property of Skinesa, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Skinesa, Inc. and protected by U.S. and international copyright laws. All software used on this Site is the property of Skinesa, Inc. or its software suppliers and protected by United States and international copyright laws.
If you use this Site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 18 years of age to use this Site. Skinesa, Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Skinesa, Inc. and its affiliates attempt to be as accurate as possible. However, Skinesa, Inc. does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or free of errors.
Unauthorized use of this Site, including but not limited to unauthorized entry into our system, misuse of passwords or information is prohibited.
STRICTLY FOR US RESIDENTS ONLY