Skinstinct clothing, skincare and more: Terms of Use

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Welcome to the Skinstinct® Web site (the "Site"). Skinstinct® welcomes everyone to use and explore Skinstinct.com. Skinstinct.com provides this Site as a service to its guests to view and purchase merchandise. Please review the following terms carefully that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms, conditions and notices outlined on this page. If you are dissatisfied with any portion of this Web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Web site.

Skinstinct.com reserves the right, at any time, to modify, alter or update these Site Terms, and you agree to be bound by such modifications, alterations or updates. You should visit this page periodically to review the terms of your use even if you may “bookmark” a particular section of this Site.

Site Content

Skinstinct.com will make every attempt to ensure that information on this Web Site is accurate, complete and current as it relates to content or 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). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Skinstinct.com purchase you may return it with your invoice to a Skinstinct® store or by mail. Please see our Return Policy for details.

The Web Site and all its Contents, including illustrations, photographs, product, images, video clips, logos, graphics, button icons and written and other materials images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Skinstinct®. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Skinstinct®. Skinstinct® and our other trademarks appearing at this Site are the trademarks of Eightfold Development LLC.

The Content of this Site, and the Site as a whole, are intended solely for personal, non-commercial (other than the purchase of merchandise from this Site) use by the users of this Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.

Use of Site Content

You are encouraged to print and download portions of material from the different areas of our site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You may also transmit copies of such portions of materials by e-mail, for your personal, non-commercial use only, provided that you agree not to change or delete any copyright or proprietary notices from the materials. Skinstinct®, as the copyright owner, does not allow the reposting of any of its content on other sites on the World Wide Web, except in the case of a specific licensing agreement for that purpose. You may not modify, copy, change, alter, reproduce, republish, upload, post, in any manner, the material on this site. You may not use or distribute the materials on this site except as stated above.

Merchandise Availability

Skinstinct® prides itself in providing exclusive, quality merchandise. Availability of merchandise may vary at Skinstinct® stores and on Skinstinct.com. Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on Skinstinct.com. Display of an item on Skinstinct.com is not a guarantee that the item is currently in stock or that it will be available on our Web site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Web site or if you have any questions concerning the availability of a particular item, please contact our Guest Service at info@skinstinct.com. We will make every effort to fulfill your requests whenever possible.

We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer that we believe would violate any of our business practices, applicable laws or policies. We also may require verification of information prior to the acceptance and/or shipment of any order.

Product Information

The Skinstinct® products displayed at the Site are available in select Skinstinct® stores in the United States. The prices displayed at the Site, however, are quoted in U.S. Dollars (USD) and are valid and effective only in the United States.

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, the particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on this Site.

User Comments, Feedback, Postcards And Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Skinstinct® on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Skinstinct's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Skinstinct® of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Skinstinct® will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Skinstinct® is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. Please review our Privacy Policy. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Links to External Web Sites

Skinstinct® may include hypertext links throughout its site to other third-party Web sites. All links to external sites will open in a new window if the visitor's Web browser supports such functionality. Skinstinct® does not assume any responsibility or liability for external sites, nor should it be implied that Skinstinct.com endorse the linked sites.

Disclaimer

Skinstinct.com provides the materials on this site "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Skinstinct.com expressly disclaims any duty to update or revise the materials on this site, although Skinstinct.com may modify the materials at any time without notice. By your use of this site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You further acknowledge that Skinstinct.com shall not be liable for any damages of any kind related to your use of this site.

Indemnification

You agree to defend, indemnify and hold Skinstinct.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site.

Miscellaneous

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Skinstinct's products and services available in the United States. This Site is controlled and operated by Skinstinct® from its offices in Chicago, IL, U.S.A. This Agreement shall be construed in accordance with the laws of the State of Illinois, U.S.A, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Illinois.

Termination

These terms are effective unless and until terminated by either you or Skinstinct.com. You may terminate this Agreement at any time. Skinstinct.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Skinstinct's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Skinstinct.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

Limitation of Liability

Skinstinct® maintains this Web site as a service to view and purchase our merchandise. By using this site, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.

As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant to Skinstinct® that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Skinstinct® may make improvements and/or changes in this Web site at any time.
IN NO EVENT SHALL SKINSTINCT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
- WITH THE USE OR PERFORMANCE OF THIS WEB SITE,
- WITH THE DELAY OR INABILITY TO USE THIS WEB SITE,
- WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
- FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EIGHTFOLD DEVELOPMENT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
Skinstinct® reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.
This agreement is governed by the laws of the State of Illinois, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Chicago, Illinois, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Skinstinct® as a result of this agreement or use of this Web site. The performance of this agreement by Skinstinct® is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the user and Skinstinct® with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.