Terms of Service
Shea Clinical Skin Care
BY VISITING yourskinmatters.co, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
OVERVIEW
By using yourskinmatters.co, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to Shea Clinical Skin Care (the “Company”), owner of yourskinmatters.co. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
SITE USE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
SHEA CLINICAL SKIN CARE INTELLECTUAL PROPERTY
The Site contains intellectual property owned by Shea Clinical Skin Care, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Shea Clinical Skin Care name, website, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SHEA CLINICAL SKIN CARE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE SHEA CLINICAL SKIN CARE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SHEA CLINICAL SKIN CARE CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
ONLINE COMMERCE
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be governed by and construed in accordance with the laws of the State of California within the United States, regardless of the conflict of laws principles thereof.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in San Francisco, California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Shea Clinical Skin Care pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Shea Clinical Skin Care shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Shea Clinical Skin Care. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms of Service, please email: care@yourskinmatters.co
Updated: March 2020
TERMS OF PURCHASE
SHEA CLINICAL SKIN CARE
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by Shea Clinical Skin Care (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:
1. GENERAL TERMS.
a. Upon execution of this Agreement, electronically, or otherwise, the Company agrees to provide skin care product(s) purchased (collectively known as the “Product”) as outlined on Company’s Website at sheaclinicialskincare.com (“Website”), Checkout Page, or other point of purchase.
b. The scope of the Product rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website as part of the Product.
c. Changes to Order. Customer should notify the Company immediately to accommodate any changes prior to shipment of user’s order. After the Product leaves the warehouse, additional changes may result in a fee.
2. DELIVERY OF PRODUCTS. Delivery times will vary based on product and location and Customer will be alerted once the Product has shipped. Any delivery times provided are approximate, orders placed prior to 2:00 PM PCT will be shipped same day Monday – Friday; orders placed after 2:00 PM PCT will be shipped the next business day Monday - Friday. Upon delivery Customer agrees to check order and make sure there are no signs of damage. Customer agrees to note any issues and contact the Company immediately, damage to the Product must be reported within two (2) days of delivery to care@yourskinmatters.co. The Company will replace damaged products.
3. PAYMENT AND REFUND POLICY.
a. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
b. 14-Day Guarantee.
i. If Customer is not fully satisfied with the purchase of the Product, the Customer may exchange the Product for store credit.
ii. Customer must notify the Company within fourteen (14) days at care@yourskinmatters.co .
iii. All Product returns must be in original mostly unused condition, in the Product’s original box, and with all original packing material.
iv. Customer is responsible for return shipping.
4. DISCLAIMERS. By purchasing or otherwise utilizing the Product, the Customer acknowledges that the Company is not liable for any losses the Customer may suffer by utilization of the Product. The Company’s representatives do not diagnose diseases, disorders and/or conditions. You understand that there will be no medical diagnosis made, and no medical prescription and/or treatment given by the Company. By purchasing or otherwise utilizing Products, the Company acknowledges that the Company is not liable for any injury and/or losses You or any third-party may suffer.
By purchasing the Product, you are utilizing such Product at your own risk. You agree that under no circumstances will the Company be held liable for any use or misuse of the Product that may occur. Any sharing of the Product is at Customer’s own risk. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from the use and/or sharing of any Product purchased.
Any testimonials or examples shown through the Company’s website are only examples of what may be possible for Customer. There can be no assurance as to any particular outcome based on the use of Products. Customer acknowledges that the Company has not and does not make any representations as to the future result that may be derived as a consequence of use of Products and/or Services.
5. INTELLECTUAL PROPERTY RIGHTS. In respect of the Product sold, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Product whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement.
6. DISCLAIMER OF WARRANTIES. The Product provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
7. RELEASE OF CLAIMS. In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site, its Content, or the Product. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
8. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
9. LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCT. ADDITIONALLY, SHEA CLINICAL SKIN CARE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE SHEA CLINICAL SKIN CARE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SHEA CLINICAL SKIN CARE CUMULATIVE LIABILITY TO YOU EXCEED $100.
10. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in San Francisco, California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof.
12. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
DISCLAIMERS
Shea Clinical Skin Care
By using yourskinmatters.co, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Disclaimers. The terms “we,” “us,” and “our” refer to Shea Clinical Skin Care (the “Company”), owner of yourskinmatters.co. Accessing this Site constitutes a use of the Site and an acceptance to the Disclaimers provided herein.
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
By participating in and/or reading this website and/or other Content, including but not limited to blog, email, videos, webinars, live streams, and/or teleseminars, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
By participating in/reading Company’s Content, you acknowledge the Company and its representatives are not medical professionals, licensed psychologists, or therapists, and the services or information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.
The Company may provide information relating to products, but such information is not to be taken as an endorsement. The Company may make dietary and/or lifestyle suggestions, but these are wholly your responsibility and choice on whether to implement such changes. We are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.
We may provide you with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. You agree that these are only suggestions and we will not be held liable for the services provided by any third-party and we are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
If you have any questions or concerns regarding these Disclaimers, please email: care@yourskinmatters.co.
Updated: March 2020