Skin Clique Website Terms of Use

Last Updated/Effective Date: March 18, 2024

These Terms and Conditions (the “Terms”) govern your use of this website and application (“Site”) by The Skin Clique (“SkinClique,” “we,” “us,” or “our”).

BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.

We may modify these Terms at any time.  All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.  By using the Site after changes are posted, you agree to those changes.

1. Use of the Site.

The Site is only for the personal use of individuals 18 years of age or older who reside in the United States. By accessing the Site, you agree that you will:

• Provide accurate, current, and complete information about you as may be prompted by any forms for the Site (“Personal Information”).

• Keep any password or other account information which permits access to the Site or any part of the Site strictly confidential and shall not divulge it to any third party.

• Not use the Site for any unauthorized use including, but not limited to, unauthorized entry, misuse of passwords or misuse of any other information.

• Not delete or alter, in part or in whole, any copyright, trademark, audio, images, software, text, artwork, video clips or any other materials (the “Content”) from any part of the Site.

• Not copy, perform, publish, transfer, create derivate works from distribute, exchange, modify, sell, transmit or otherwise commercially exploit or use any Content from the Site, for any purpose other than personal use, including but not limited to any business, commercial, or public purpose.

• Only access the Site and their Content for your own internal non-commercial use only.

• Not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s access to or use of the Site.

• Not attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site, through hacking, password mining or any other means.

• Not use the Site or networks connected to them to commit or encourage a criminal offense, to insert, transmit or distribute viruses or corrupt data, whether to the Site or otherwise, or to send any unsolicited advertisement or other promotional material or “spam”.

• Not engage in any activities related to the Site that are contrary to applicable laws, rules or regulations.

• Not use the Site for any purpose that is unlawful or prohibited by these Terms.

• As long as you comply with these Terms, Skin Clique grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site or offered through the Site in any way. Notwithstanding anything to the contrary, Skin Clique reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site offered through the Site. You understand and agree that we may do so without any liability whatsoever.

2. Content of the Site.

‍We may, from time to time, make newsletters, messaging services, chat services, bulletin boards, message boards, blogs, other forums, new product updates and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site, any materials which:

• Restrict or inhibit any other user from using and enjoying the Site

• Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, sexually explicit or indecent or otherwise offensive to human decency;

• Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;

• Violate or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;

• Contain a virus, spyware, malware or other harmful component;

• Contain embedded links, advertising, chain letters or pyramid schemes of any kind;

• Constitute or contain false or misleading indications of identity, origin, endorsement or statements of fact.

3. Creating an Account. In order to make purchase products (“Products”) on our Site, you must create an account (“Account”).

• When creating an Account, Skin Clique may ask you to provide certain Personal Information, create a username and password for the Account.

• By using the Site and creating an Account, you agree to (a) only provide accurate, current, and complete information regarding your order; (b) maintain and update the information you provide to Skin Clique, as necessary; (c) maintain the security of your login credentials to your Account and accept all risks of unauthorized access to your Account; and (d) immediately notify Skin Clique if you discover or otherwise suspect any security breaches related to your Account or the Site. You acknowledge and agree that Skin Clique is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Account.

4. Additional Terms applicable to certain Marketplaces. If you download our mobile application through the Apple App Store, Google Chrome Web Store, Google Play marketplace, the Samsung Apps marketplace, Amazon Skills Store or any similar store or marketplace authorized by Skin Clique (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you) you agree to comply with all applicable third-party terms for the relevant App Store when using such Services (“App Store Terms of Service”). You acknowledge and agree that the availability of the Services is dependent on the App Store from which you received the Services.  You acknowledge that this Agreement is between you and Skin Clique and not with the App Store. The App Store is not responsible for the Services (including any related software, content, maintenance, support, and warranty) or addressing any claims relating to the Services (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Store in connection with the Services (if any). You and Skin Clique acknowledge that the App Store (and its subsidiaries) is a third-party beneficiary of this Agreement and has the right to enforce the terms and conditions herein. Further, you acknowledge and agree:

• Skin Clique, not the App Store, is solely responsible for the Services and content thereof. Your use of the Services must comply with the applicable App Store Terms of Service.

• In the event of any failure of the Services to conform to any applicable warranty, you may notify the applicable App Store and obtain a refund of any fees charged for the Services (if any) by the App Store. As between Skin Clique and the App Store, any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Skin Clique.

• You and Skin Clique acknowledge that, in the event of any third-party claim that the Services or your possession and use of the Services infringe a third party’s intellectual property rights, as between Skin Clique and the App Store, Skin Clique, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

• Without limiting any other Sections in this Agreement, you must comply with all applicable third-party terms of agreement when using the Services.

5. Links; Third Party Materials.

Our Site may include links to other websites or resources on the Internet, or utilize our Site or content of other third parties (collectively, “Third Party Materials”). Because we have no control over Third Party Materials or the administration of Third Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Materials available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party websites and Third Party Materials.

6. Indemnity.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SKIN CLIQUE, OUR AFFILIATES, AND ALL OF THEIR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL FIRST-PARTY AND THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF OUR SITE, (B) YOUR VIOLATION OF THESE TERMS, (C) ANY USER CONTENT YOU PROVIDE THROUGH OUR SITE, (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (E) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.

7. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OR OTHERWISE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, PERSONAL INJURY, DEATH, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS FOR THE USE OF ANY OR ALL PARTS OF OUR SITE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTY DOLLARS ($50.00 USD).

8. For California Residents.

IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST RELEASED PARTIES.

9. Terms Applicable to New Jersey Consumers.  

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft).  The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.  We reserve all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

10. Governing Law.

These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of South Carolina  without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in Charleston, South Carolina, and you hereby consent to the exclusive jurisdiction and venue of the state or Federal courts in Charleston, South Carolina.  You irrevocably submit and consent to the personal jurisdiction of such courts.

11. Dispute Resolution.

You and Skin Clique agree that any and all disputes, claims or controversies arising out of or relating to your use of or access to our Site or Skin Clique Materials, these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms, including the determination of the scope or applicability of these Terms to arbitration (each, a “Dispute”), except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SKIN CLIQUE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).

12. Informal Resolution.

To the extent feasible, the parties desire to resolve any through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). To provide this opportunity to resolve any Dispute, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Skin Clique should be sent by mail to Skin Clique, Attn: Arbitration Provision, 218 Howle Ave Ste A Charleston, SC, 29412. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. If we are not able to resolve any Dispute ourselves, you and Skin Clique agree to resolve such Dispute through confidential binding arbitration as set forth below.  

13. Binding Arbitration.

If you and Skin Clique are unable to resolve a Dispute through informal negotiations or in small claims court (as set forth below), either you or Skin Clique may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and determined by a court rather than an arbitrator. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.  The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms you and Skin Clique may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

14. Confidentiality of Proceedings.

Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law.

15. Opt-Out.  

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this by emailing us at hello@theskinclique.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing that only a court may be used to resolve any Dispute. Opting out will not affect any other aspect of the Terms, or the Site, and will have no effect on any other or future agreements you may reach to arbitrate with us.

16. Waiver of Rights.

You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury and any right that you may have under Article 13 of the California State Bar Act to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available.

17. Copyright Infringement.

It is our policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: [Include name or title, and physical address of Copyright Agent].

18. General Provisions.

These Terms and any additional terms posted on the Site together constitute the entire agreement between Skin Clique and you with respect to your use of the Site. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Skin Clique may assign its rights and duties under these Terms to any party at any time without notice to you.

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of South Carolina without giving effect to any principles that provide for the application of the law of another jurisdiction.  

19. Privacy And Security.

Data collection and use, including the collection and use of personal information, is governed by our Privacy Notice. You shall be solely responsible for the security, confidentiality and integrity of all information that you receive, transmit through or store.  You understand that we cannot and do not guarantee or warrant that file available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. You shall be solely responsible for any authorized or unauthorized access and use of your account by any person.  You have the affirmative responsibility to monitor and control access to your account information.  

20. Contact Us.

Please report any violations of the Terms, including objectionable user submissions or behavior, to hello@theskinclique.com.