Terms of Service

This website (the “Site” or “Website”) is owned and operated by SkinBetter Science, LLC, and its affiliated companies. Throughout the Site, the terms “we”, “us”, “our” and “SkinBetter” refer to SkinBetter Science, LLC together with its affiliated companies. We offer this Site, 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”, “Terms of Service”, “Terms of Use”, “Agreement”, “User Agreement”), 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 Site. By accessing or using any part of this Site, you agree to be bound by these Terms of Service, whether or not you have read them. If you do not agree to all the terms and conditions of this agreement, then you may not access, view, download or otherwise view or use the Site or use any services to purchase any cosmetics and, accordingly, you should not do so.

Any new features or tools that 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.

Use of Site

You represent and warrant that you are at least 18 years old or visiting our Site under the supervision of a parent or guardian. If any minor uses any products or services from our Site, it should only be after the parent or legal guardian has discussed such product or service with the minor’s doctor.

Subject to the terms and conditions of this Agreement, SkinBetter hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site only for personal entertainment and informational uses only and not for any commercial use or use on behalf of any third party, except as explicitly permitted by SkinBetter in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by SkinBetter in writing. This, of course, excludes the downloading and temporary caching of this Site on a personal computing device for the explicit purpose of viewing this Site, as well as any content clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this Website.

You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by SkinBetter in advance. SkinBetter reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if SkinBetter believes that customer conduct violates applicable law or is harmful to SkinBetter’s interests.

You agree not to circumvent, disable or otherwise interfere with security-related features of our Site or features that prevent or restrict the use of any Site content or enforce limitations on use of the Site or the content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

From time to time, the Site may include information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after you have submitted your order).

Registration & Security

When you make a purchase through a Website, you must register for a electronic account (an “Account”). When you make a purchase with us through a Website, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) if you have registered for an Account, to promptly update such information as it changes to ensure that it is kept accurate and complete. You are solely responsible for the accuracy of all information that you provide to the Company, regardless of whether you register for an Account or effectuate a purchase. In the event that you do not provide or update such information, or the Company has reasonable grounds to suspect that you have not provided or updated such information, the Company shall have the right, in its sole and absolute discretion, to prevent you from using any of its Websites.

If you have registered for an Account, it is your sole and absolute responsibility to keep the password and other information provided to you by the Company confidential and secure. In the event that your password and/or Account are used without your consent or that you discover any other breach of security, you agree to promptly notify the Company at support@skinbetter.com. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.

Merchandise, Products, and/or Services

You may only make purchases through a Website if you are over the age of legal majority in your jurisdiction of residence. Purchases will only be shipped to a valid mailing address (as determined by the Company in its sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase transaction (“Order”). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). All prices are quoted in U.S. dollars and are valid and effective only in the United States.
All Orders made through a Website are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Website relating to the Order. Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any Orders indicated to be made by you. By completing an Order through a Website, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. Payments are processed by a third party service provider and the Company does not collect your financial information.
The Company reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.

In order to complete an Order through a Website, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order.

Please note that merchandise is only held for you once you have completed your Order. Adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it’s sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order. The Company reserves the right, in its sole and absolute discretion, to change the prices offered on the Website at anytime, including without limitation, items that have been placed in your Cart.

You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging or other charges. Taxes may depend on delivery location.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by SkinBetter.

All Content is intended to be used for personal use only. Any statements made about products have not been evaluated by the U.S. Food and Drug Administration, and the results reported, if any, may vary among individuals. Products, services, and Content are not intended to diagnose, treat, cure, prevent, or mitigate any disease or health-related condition. All products should be used strictly in accordance with their instructions, warnings, precautions, and guidelines. You should always check product ingredient lists to avoid potential allergic reactions.

The products and services available on our Site are for your personal use only. You may not sell or resell any products that you purchase or otherwise receive from or through our Client Portal.

Delivery

The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. We will use commercially reasonable efforts to deliver your Order as quickly as possible within the time period(s) indicated; however, we will not be responsible for any delays in delivery which are beyond our control. If you do not receive your Order within 15 days of the estimated delivery time, please let us know by emailing support@skinbetter.com. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.

Rights Regarding Orders

The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. We will use commercially reasonable efforts to deliver your Order as quickly as possible within the time period(s) indicated; however, we will not be responsible for any delays in delivery which are beyond our control. If you do not receive your Order within 15 days of the estimated delivery time, please let us know by emailing support@skinbetter.com. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.

Errors Responsibility

Information (including, but not limited to, information relating to product descriptions, pricing, promotions, offers, and/or availability) provided by the Company in relation to a Website are believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on the Website that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information or cancel Orders if any information on a Website is erroneous or inaccurate at any time without prior notice (including after you have submitted your Order).

Verification of Orders

All Orders are subject to verification by the Company at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement. In order to help protect you and Skinbetter Science from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address.

Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Company does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using a Website. In no event will any information you provide on or through a Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your knowledge or consent.

When you use our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We ask that you please not send personal or financial information to us using unencrypted email messages. While efforts are made to help ensure that our Websites are suitable for use on a various mobile and other devices, you should take reasonable and appropriate precautions to ensure compatibility of any Website you visit with your specific mobile or other device.

Mobile Services

If you access our Site via a mobile device, such as a cell phone or tablet application, we do not charge for this access. Please be aware that your mobile carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

Ownership of Websites

The Website(s) consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the “Website Content”) that have been provided by the Company and/or other individuals or entities. All such Website Content is owned by the Company and/or the applicable third party. You hereby acknowledge that the Website and each component of a Website (including, without limitation, the Website Content) are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property and other laws. Your use of a Website and/or any Website Content does not grant or transfer to you any ownership or other rights in the Website or any component of the Website (including, without limitation, the Website Content), and except as expressly provided, nothing herein or within a Website or any component of a Website (including, without limitation, the Website Content) shall be construed as conferring on you or any other person or entity any license under any of Company’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved by the Company. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit a Website, any component of a Website, or any of the Website Content, in whole or in part, except as expressly authorized by the Company.

Restrictions

Without limiting the generality of any other aspect of this Agreement, you agree that you shall not:

  • use, copy, modify, download or transfer a Website or any component of a Website (including, without limitation, the Website Content), in whole or in part, except as expressly provided in this Agreement;
  • (i) reverse engineer, disassemble, decompile, or translate a Website or any component of a Website (including, without limitation, the Website Content); (ii) attempt to derive the source code of a Website or any component of a Website (including, without limitation, the Website Content); (iii) create any derivative work from a Website or any component of a Website (including, without limitation, the Website Content); and/or (iv) authorize or assist any third party to do any of the foregoing;
  • rent, lease, loan, resell, or otherwise distribute a Website or any component of a Website (including, without limitation, the Website Content);
  • remove or alter any proprietary notice or legend regarding the Company’s, or any third party’s, proprietary rights in a Website or any component of a Website (including, without limitation, the Website Content);
  • use a Website or any component of a Website (including, without limitation, the Website Content) except in accordance with the terms of this Agreement and all applicable laws and regulations; and/or
  • use a Website or any component of a Website (including, without limitation, the Website Content): (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or
  • (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability.

Sharing User Content

Certain features and/or portions of a Website may permit you to share your User Content. You understand that any User Content you choose to share via a Website may be copied, used, modified, or distributed by any other users. Further, you understand that once your User Content is shared, it cannot always be withdrawn. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiable. You hereby agree that the Company has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not sponsored or endorsed by the Company, and you will not imply that your User Content is in any way sponsored or endorsed by the Company. Please consider carefully what User Content you choose to share.

By using a Website and providing User Content, you hereby: (i) grant to the Company a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty free, nonexclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, a Website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, a Website in favor of the Company and anyone authorized by the Company to reproduce or otherwise use such materials. For greater certainty and the avoidance of any doubt, this means that, among other things, the Company has the right to use any and all User Content and ideas you submit in any manner without any notice or obligation to you whatsoever. For greater certainty and the avoidance of any doubt, none of the User Content you post on, upload or otherwise submit to or through, the Website will be deemed confidential.

Third Party Content and Sites

We may from time to time provide content of third parties (“Third Party Content”) or links to sites of third parties (“Third Party Sites”) as a service to those interested in this information. We do not review, monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association, relationship or endorsement between us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or Third Party Site. We are not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk.

Privacy Policy

Without limiting the generality of the terms and conditions of this Agreement, your use of a Website is also subject to the terms of the Company’s Online Privacy Policy (the “Privacy Policy”), which is hereby incorporated into and made part of this Agreement. Please carefully review the Privacy Policy. When you choose to participate in the Program, you are agreeing to the collection, use and disclosure of the information you share with Skinbetter Science, LLC., and its affiliates, as explained in this Agreement and the Privacy Policy.

Intellectual Property

All design, text, graphics, logos, button icons, images, audio and video clips, and software belong exclusively to us or our Content suppliers. The collection, arrangement, and assembly of all Content on this Site (“Compilation”) belongs exclusively to us. All software used on this Site (“Software”) is the property of SkinBetter or its Software suppliers. The Content, the Compilation, and the Software are all protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of using the Site for shopping and ordering purposes. Any other use of materials on the Site—including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance—without the prior written permission of SkinBetter is strictly prohibited.
All logos, slogans, trade names, custom graphics, or words are registered trademarks, trademarks or service marks of SkinBetter, its suppliers, or third parties. The use of any SkinBetter trademark or service mark without our express written consent is strictly prohibited. You may not use any SkinBetter trademark or service mark in connection with any non-SkinBetter product or service or in any way that is likely to cause confusion. You may not use SkinBetter’s trademarks or service marks in any manner that disparages or discredits us. You may not use any of the SkinBetter trademarks or service marks in meta tags without our prior explicit consent.

International Access

The products and services available on our Site can be ordered and delivered within the United States; however, this Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of our Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Disclaimer and Limitation of Liability

THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

Indemnification

You agree to defend, indemnify and hold harmless SkinBetter, and its owners, partners, directors, employees, agents, independent contractors, service providers and consultants from and against any and all claims, demands, damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to your use of the Site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against us and/or our independent contractors, service providers, or consultants, arising out of or relating to your use of the Site, any information or materials you submit, your violation of this User Agreement, or your violation of the rights of any third party. This indemnification obligation will survive the termination of this Agreement and your use of the Site.

Digital Millennium Copyright Act (“DMCA”) Notice

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email 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 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.

Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the email or street address listed below. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.
Please send DMCA notifications of claimed copyright infringement to:
Copyright Agent
SkinBetter Science, LLC
3333 E Camelback Road, Suite 200
Phoenix, AZ 85018 USA

Phone: 602-888-2200
dmca@skinbetter.com

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SKINBETTER THAT ONLINE COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP AT 1-800-291-7003.

Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees and expenses.

No instance of waiver by us of our rights or remedies under the terms and conditions of this Agreement shall imply any obligation to grant any similar, future or other waiver.

Applicable Law

This Site is created and controlled by us in the State of Arizona, USA. As such, the laws of the State of Arizona will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Disputes

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Arizona, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Arizona. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned.

Severability

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severability and shall not affect the validity and enforceability of any remaining provision.

Contact Us

Please send any questions or comments (excluding inquiries related to DMCA copyright infringement) regarding this Site via one of the following methods: our Contact Us form, by phone, or using the mailing information provided below.

SkinBetter Science, LLC
3333 E Camelback Rd, Suite 200
Phoenix, AZ 85018

Phone: 800.538.5600

Last Revised: June 27, 2016