Terms of Use

 

Begins with Skin offers our website, beginswithskin.com (the “Site”), and its content and services (the “Service”, “Services”) for your use, subject to the terms and conditions (“Terms”, “Terms of Service”, “Terms of Use”) stated here. The terms “we” “us” and “our” in Terms of Use refer to Begins with Skin. Please read these Terms of Service carefully before using our Site. By viewing any of our Site content or purchasing from us, you are using our Service and agree to our Terms of Service. If you do not want to accept our Terms in their entirety, do not use the Site or any Services that we offer. Begins with Skin may change these Terms at any time without notice, and changed Terms will take effect when posted on our Site.

 

BEGINS WITH SKIN DOES NOT PROVIDE MEDICAL ADVICE

Begins with Skin is a retailer of personal care products. We do not provide medical advice or answer medical questions. We do not diagnose or treat medical conditions. Always consult your health care provider for all medical questions. The content we provide is offered for informational and educational purposes only, and is not meant to replace the advice of your physician or other qualified health care provider. You should never fail to seek out professional medical advice, or disregard that advice, because of information you obtain through our Site.

 

PRODUCT INFORMATION

We try to be as accurate as possible with our product descriptions and product images. We do not warrant the accuracy of the information, or the quality or reliability of any of the products, content or Services. If a product you purchase does not match the description, your sole remedy is to return it in unused condition. Statements about products, ingredients and results have not been evaluated by the U.S. Food and Drug Administration. Expected or suggested results may not be realized for all users. You should carefully read all information and follow all instructions provided by product manufacturers. Follow all precautions, warnings and guidelines. Before using any product purchased from our Site, verify the product’s ingredients by consulting the label on the product itself once it’s been received. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

ERRORS, INACCURACIES, OMISSIONS AND TIMLINESS

Information on our Site may not always be accurate, complete or current. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PRODUCT ORDERS

You agree to provide current, complete and accurate information for all purchases made at our store. You represent and warrant that you have the legal right to use any credit card(s) or other payment means that you use in any transaction. Personal information you provide will be handled as described in our Privacy Policy. We may require verification of your personal, payment or delivery data to complete your transaction. Your receipt of an electronic or other confirmation does not indicate our acceptance of your order, and it is not confirmation of Begins with Skin’s offer to sell. We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. If 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 judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. Purchases must be made by adults 18 and older. If you are under 18, you must use our Services only with the permission and participation of your parent or guardian. All prices on the Site are in U.S. dollars and are valid only in the U.S. You may order and take delivery of products sold on our Site within the United States only. All items purchased from the Site are made pursuant to a shipment contract: this means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

CUSTOMER ACCOUNTS

Customers may choose to register for an account to save personal information and order history. You agree to provide current, complete and accurate information for your account. Customer accounts are not required and we are under no obligation to accept account registrations. You agree to be responsible for the confidentiality and use of your account. We are not liable for any loss or damage that you or anyone else may incur from a third-party’s use of your account, or arising from your failure to fulfill your obligations to maintain your account confidentiality. The handling your personal information by us is governed by our Privacy Policy.

 

THIRD-PARTY TOOLS AND LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. Certain content, products and services available via our Service also include links to third-party sites and content. Third-party links on this site direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made through any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

NO WARRANTIES

The Site, the products, the content and the Services are provided on an “as-is” and “as available” basis without any warranties of any kind. We disclaim all warranties including, but not limited to, the warranty of title, merchantability, non-infringement of third parties rights, and fitness of particular purpose, any warranties arising from a course of dealing, course of performance, or usage of trade. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You expressly agree that your use of, or inability to use, the Service is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.

 

LIMITATION OF LIABILITY

You agree that Begins with Skin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNITY

You agree to indemnify, defend and hold harmless Begins with Skin, and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claims, actions, demands, losses, liabilities and settlements, of every kind, including without limitation, reasonable legal and accounting fees, resulting from, or allegedly resulting from, your use of our Site, your breech of our Terms of Service, your violation of law or rights of a third party.

 

APPLICABLE LAWS

Begins with Skin operates the Site in California. By using the Site, you agree that the laws of the State of California will govern these Terms and any dispute between you and Begins with Skin. The Site is not intended to subject Begins with Skin to the laws or jurisdiction of any state, country or territory outside of the United States. Unless otherwise specified, the Site’s services and materials are offered solely for use within the United States. Any offer for any product or service made on this site is void where prohibited. Any dispute stemming from your use of the Site, or products or services that Begins with Skin offers, sells or distributes shall be governed by and adjudicated in state or federal court in Santa Clara County, California, and you agree to exclusive jurisdiction and venue in such courts. You agree that disclosures or communications that we deliver electronically meet any legal requirement for those communications be provided in writing. Our Terms and any policies or operating rules posted by us on our Site or in respect to our Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If any provision of the Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions. Begins with Skin maintains the right to pursue any legal remedies available for any violations of the Terms. Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Our Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

PROHIBITED USES

You agree not to use our information, products or Services in any unauthorized or unlawful manner. You agree not to reproduce, duplicate, copy, sell, resell, extract or exploit any portion of the Site’s content, including using of any of our trademark, logo, images, text or product information. You agree not to use the Site or its content: (a) to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

 

COPYRIGHT

All content on Begins with Skin’s Site is the property of Begins with Skin or our suppliers. The Site’s design, as well as our text, image selection, graphics, audio, video, and other original material is our protected property, according to United States and international copyright laws and treaties, and is Copyright 2018 Begins with Skin LLC, all rights reserved.

 

TRADEMARK

Begins with Skin is a trademark of Begins with Skin LLC. All other trademarks are property of their respective owners.

 

CONTACT INFORMATION

If you have a question or complaint regarding the Site, please contact us at hello@beginswithskin.com You may also reach us by writing to Begins with Skin LLC, 356 Iris Way, Palo Alto, CA 94303 or by calling us at 650-530-0752. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Boulevard, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.