TERMS OF USE
Introduction
Welcome to the AUDIA Skincare LLC website (www.audiaskincare.com). Please read our following AUDIA Skincare (“us”, “our”, “we” or “AUDIA Skincare”) terms and conditions (the “Terms of Use”) carefully before using the Site. Our Site offers skincare consultations geared towards advising you to make cosmetic purchases that are best for you and your skin type. By accessing the Site, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Site or its services. We recommend that you keep a printed copy of these Terms of Use for future reference.
These Terms of Use and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. We will notify you of any material changes to these Terms of Use by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration (if applicable) and by changing the “Last Updated” date at the top of this webpage. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the Site by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions. Additionally, please read our Privacy Policy which also governs your use of this Site.
A SPECIAL NOTE ABOUT CHILDREN: This Site is not designed or intended for use by children under 13, although the Site may offer children’s products for purchase by adults. If you are under 18, you should use the Site only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it immediately.
Intellectual Property Ownership and Use
Please be aware that as you visit and navigate this Site your use of our Site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. For International Site Users: The Site is hosted in the United States and is intended for and directed to users in the United States. By using this Site, you are subjecting yourself to the laws and jurisdiction of the United States.
Trademarks & Copyright
Unless otherwise noted all materials, including products, images, illustrations, designs, icons, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by AUDIA Skincare. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interest in and to which are owned by AUDIA Skincare.
Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of AUDIA Skincare or the respective copyright/trademark owner. AUDIA Skincare authorizes you only to view, not download, these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials.
The material and content accessible from this Site, and any other Site owned, operated, licensed, or otherwise controlled by AUDIA Skincare is the proprietary information of AUDIA Skincare or the party that provided or licensed the content to AUDIA Skincare, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of AUDIA Skincare, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these Terms of Use violates AUDIA Skincare’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
Site is solely for personal, non-commercial purposes related to placing an order or shopping on the Site. Any other use of any content included on the website, including linking or framing to this Site, are strictly prohibited unless you first obtain our prior written consent and approval.
Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the account registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify AUDIA Skincare of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AUDIA Skincare will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
Linked Third Party Sites
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from this Site to third-party websites, applications and services, and third-party websites may link to the Site .Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences. You should read the terms and conditions and privacy policies available on such Linked Sites.
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 Use.
Non-Confidential Information
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this Site. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason.
Colors
We have made efforts to display accurately the colors of products that appear on our Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
Errors and Inaccuracies
We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, availability and shipping, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method charged, and to change or update information at any time without prior notice. If your selected payment method has been charged and we cancel your order, we will issue the credit back to your applicable payment method. Individual bank or other payment processing policies dictate when this amount is credited to your account.
Return Policy
You may return new, unopened items, with the packaging intact, within seven (7) days of delivery for a full refund. Only products purchased direct through the Site are eligible for this return policy. The items must be received within fourteen (14) days of delivery for the return to be valid. In the event an item is received after the fourteen (14) day period, said item will be subject to a restocking fee of 20% of the original purchase price. Return shipping cost must be paid by you, unless the return is a result of our error. All returns shall be processed and shipped within ten (10) days of us receiving the returned item(s). Please contact us at [email protected] with your order number and details to receiving instructions on how to return your item(s).
All sale item sales are FINAL and no refunds, returns or exchanges will be accepted for sale items.
Please note, all returns must be included in original packaging accompanied by a copy of the order invoice. We will not accept any packages sent without authorization or received more than fourteen (14) days after it was delivered to you. Any shipments received that have not been authorized will be refused/shipped back.
Please make sure that you have carefully reviewed your order prior to finalizing your purchase.
Product Availability
Although availability may be indicated on our Site, we cannot guarantee product availability. We reserve the right, without liability or prior notice, to revise, discontinue or cease to make available any or all products.
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 Paypal 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 on our Site. You agree to promptly update billing and other information, including your email address and payment processing information, so that we can complete your transactions and contact you as needed.
Force Majeure
In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms of Use.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site, late delivery or absence of delivery by suppliers or other third parties. In the case of a force majeure event, you are responsible for filing claims with the proper third party entities.
Skincare And Cosmetics Disclaimer
INFORMATION ON INGREDIENTS USED IN OUR SKINCARE AND COSMETIC PRODUCTS APPEARING ON THE SITE IS NOT INTENDED TO BE, NOR SHOULD BE INTERPRETED AS, ADVICE OR A RECOMMENDATION CONCERNING THE USE OF ANY SKINCARE OR COSMETIC PRODUCT. If you have any sensitivities or allergies to any listed ingredients you should not use those products.
All of our products should be used as directed on the product container or packaging. As everyone has different skin, body and health conditions which may react to an allergen at any given time, any product could cause a negative skin reaction or react differently to various treatments, even natural products. Actual results may vary.
We are not responsible for, and specifically disclaim any liability, if an adverse reaction should occur as a result of anyone using our products. If you develop a skin or other sensitivity to any product, you should stop using it immediately and consult your physician or other health care provider.
Remember, you should never use new products on broken or irritated skin and immediately discontinue using any product that causes any of the following: itching, burning, swelling, soreness, blisters, watery eyes, irritation or other similar reactions and consult your physician or other health care provider.
If you think you may be having a medical emergency, call your physician or 911 immediately.
No Medical Advice
The Site may contain general information about skincare health and wellness. This information is not designed to, and does not, provide medical advice, diagnosis, treatment or services. It is not a substitute for medical or professional care, and you should not use the information in place of a visit, consultation or the advice of your physician or other healthcare provider. Never disregard professional medical advice or delay seeking it because of anything on or associated with our Site.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this Site, its content, the products, or the information available on or through it; they are provided “as is,” with all faults.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AUDIA SKINCARE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the Site, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. 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.
Indemnification
You agree to defend, indemnify, and hold harmless AUDIA Skincare, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the Site including, but not limited to, (i) your violation of these Terms of Use, (ii) any use of the products or services outside of their intended use, or (iii) any activity related to your purchase or use of the products.
Security
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: Accessing data not intended for you or logging on to a server or account, which you are not authorized to access; Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); Attempting to interfere or interfering with the operation of the Site, our provision of services to any other visitors to the Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site; and Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Site.
Geographical Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States of America. We currently allow purchases worldwide, but you are required to maintain compliance with all local laws. Furthermore, we make no claims that the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Arbitration
Any controversy or claim arising out of, or relating to, this contract or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and AUDIA Skincare in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AUDIA SKINCARE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Governing Law and Jurisdiction
These Terms of Use, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in San Francisco County, California for any and all issues arising out of the Terms of Use or any related documents or transactions.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, the Privacy Policy and any other policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, 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 Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. In the event that any provision of these Terms of use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site. You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.