TERMS OF SERVICE / USER AGREEMENT
1. ACCEPTANCE OF TERMS
Lovely Skin, Inc. (“LovelySkin”) provides the www.LovelySkin.com website (together with any other website LovelySkin may provide now or in the future, collectively, the “Sites”), all information and other content on the Sites (collectively, the “Content”), all informational and other services available through the Sites (collectively, the “Services”) and all products that may be purchased through the Sites (collectively, the “Products”) pursuant to the terms and conditions set forth below and the terms and conditions incorporated herein by reference (collectively, the “User Agreement”), which is a legally binding agreement between you and LovelySkin.
PLEASE READ THIS USER AGREEMENT CAREFULLY. YOU MAY ACCEPT THE USER AGREEMENT DURING THE PURCHASING PROCESS, REGISTRATION PROCESS OR LOGIN PROCESS, WHICH CONTAIN THE EXPRESS ACKNOWLEDGEMENT THAT YOU HAVE READ AND AGREE TO THE USER AGREEMENT.
YOU MAY ALSO ACCEPT THE USER AGREEMENT THROUGH YOUR ACTIONS. ACCESSING OR USING THE SITES OR THE SERVICES CONSTITUTES YOUR AGREEMENT BY YOUR ACTIONS TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS USER AGREEMENT, THEN PLEASE DO NOT ACCESS OR USE THE SITES OR THE SERVICES. THIS USER AGREEMENT WAS LAST UPDATED ON 01/25/2019.
2. AMENDMENTS TO THE USER AGREEMENT
You understand that LovelySkin may amend the User Agreement from time to time on a prospective basis without notice to you. A link to the User Agreement is presented each time you log in to the Site or purchase any Products and, by completing the login or purchase process as applicable, you will be required to accept the updated User Agreement with any amendments made since your last acceptance of the User Agreement and such updated User Agreement will be applicable to you thereafter. In addition, the current User Agreement is available for review each time you visit the Site and you should review the User Agreement each time you visit the Site without logging in or making any purchase. Use of the Site after the posting of an updated User Agreement constitutes your agreement to the amended User Agreement on a prospective basis. LovelySkin may elect to provide you with e-mail, text or other notice of any amendment the User Agreement (and may summarize any such amendment), but neither the failure to provide, nor any inaccuracy in, any such notice shall affect your acceptance of the modified terms of the User Agreement by logging into, making purchases from or using the Site.
IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU MAY REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO THE SITES, CEASING ALL USE OF THE SERVICES AND REFRAINING FROM ANY FURTHER PURCHASES OF PRODUCTS. IF YOU CONTINUE TO ACCESS THE SITES, USE THE SERVICES IN ANY MANNER OR PURCHASE ANY PRODUCTS AFTER SUCH CHANGE BECOMES EFFECTIVE, SUCH ACCESS, USE AND/OR PURCHASE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED USER AGREEMENT.
3. DESCRIPTION OF SITES AND SERVICES OFFERED
LovelySkin.com is a premier dermatologist-owned and operated beauty website. Under the direction of award-winning board-certified dermatologist and cosmetic surgeon, Dr. Joel Schlessinger, LovelySkin.com allows you to purchase skin care products, beauty products and other Products, and offers information (including reviews and user-generated content) relating to skin care and beauty products and related Services. In addition, LovelySkin may, now or in the future, offer mobile versions of the Sites and/or make available mobile applications or applications on various social media networking Sites or other platforms and downloadable programs and the Services shall include any such offerings.
At its discretion, LovelySkin may offer additional Services, update, revise or otherwise modify any Content, Services or Products, and this Agreement shall apply to any and all such additional or modified Content, Services or Products. LovelySkin reserves the right to discontinue, suspend, cancel or otherwise cease offering any Content, Services or Products, with or without prior notice. You agree that LovelySkin shall not be held liable for any such additions, updates, revisions, modifications, discontinuances, suspensions, cancellation or cessation of any of the Content, Services and/or Products.
4. REGISTRATION; GUEST ACCOUNT ACCESS
Certain Services offered on the Sites are available only to users who complete the registration process (including express acceptance of the User Agreement during such registration process) and who can form legally binding contracts under applicable law.
LovelySkin may permit you to purchase Products by using a guest checkout process. Utilization of the guest checkout process requires you to provide required information during the checkout process (including, without limitation, your e-mail, billing and shipping address) and requires you to expressly accept the User Agreement. However, you will not have access to all of the Services available to users who complete the registration process and log into the Site when making a purchase.
Without limiting the foregoing, the Services are not available to minors. You must be 18 years of age or older in order to register. LovelySkin reserves the right to refuse any or all of the Services to (and to refuse registration of or deactivate the account of) anyone at any time, in its sole discretion. Without limitation to the foregoing, LovelySkin reserves the right to refuse registration to (or deactivate the account of) anyone who has previously had a prior registered account suspended for any reason.
When you sign up, you will select a user name and a password so that you can access your account at the Sites. You agree that you will keep this information confidential. When you register, you agree to (a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and (b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. You are responsible for maintaining the secrecy and confidentially of your password and you are solely responsible for activities regarding your account and password (including activities by third parties using your user name and password or using a login session you commenced). If you think there has been unauthorized use of your account or password, you agree to immediately notify LovelySkin and cooperate to resolve the issue. You understand that if you do not follow the terms of this paragraph, LovelySkin may suspend or terminate your account, which will prevent your use of those portions of the Sites which require you to be logged in to your account. You understand that LovelySkin is not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.
In order to log into your account, you must have your browser configured to accept cookies. An explanation of cookies can be found here.
6. CONTENT ON SITES
Except for Your User-Generated Content (as described below), as between LovelySkin and you, the Sites (including, any necessary software used in connection with the Sites), the Services and all information, text, software, data, photographs, music, video, messages, tags or any other Content made available through the Sites or Services shall remain the sole property of LovelySkin. The Sites and the Content may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LovelySkin, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Sites or any Content, in whole or in part. You will not attempt to hack, crack or otherwise access any portion of the Sites which is not made available by LovelySkin in the ordinary course of making the Sites generally available to the public and registered users.
LovelySkin herein reserves the right to use security components that may permit digital Content to be protected (including, by way of example and not limitation, digital watermark technology), and that use of protected Content is subject to usage guidelines established by LovelySkin or any other providers supplying the Content. You shall not attempt to override or circumvent any such security components.
The Sites may contain information, text, software, data, photographs, music, video, messages, tags and other Content submitted by visitors, users or third parties (“User-Generated Content”). User-Generated Content may include, without limitation, product reviews, product ratings, survey responses, forum postings, message board posts, instant messages, and similar comments and feedback. You agree that all User-Generated Content, whether it is publically or privately posted and/or transmitted, is the sole responsibility of the individual from whom such User-Generated Content originated and, accordingly, that (i) you are solely responsible for evaluating any and all User-Generated Content made available by way of the Sites or Services, and (ii) LovelySkin provides no assurances concerning the accuracy, integrity or quality of such User-Generated Content. It is expressly understood that by use of the Sites or Services, you shall be responsible for any losses or liability to which you may be exposed as a result of User-Generated Content including, but not limited to, any errors or omissions in any User-Generated Content, and/or any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available by LovelySkin. LovelySkin reserves the right to remove, redact or edit User-Generated Content posted or transmitted through the Sites (including, by way of example and not limitation, be removing or condensing reviews of Products posted by users), but no exercise of such right shall make LovelySkin responsible in any way for the contents of User-Generated Content.
LovelySkin does not lay claim to ownership of any User-Generated Content which you may submit, provide or otherwise make available to LovelySkin (“Your User-Generated Content”). By submitting Your User-Generated Content, you represent and warrant that you are the sole author and owner of the intellectual property and other rights to such content, or that you have the necessary licenses, rights, and permissions to use the content and to provide a nonexclusive license to LovelySkin to use Your User-Generated Content in the manner contemplated by the Sites and these Terms of Service. By submitting Your User-Generated Content to LovelySkin, you hereby grant to LovelySkin a worldwide, fully-paid, royalty-free, irrevocable, transferrable and fully-sublicensable, non-exclusive right and license to use, permit the use of, copy, reproduce, distribute, publish, modify, adapt or otherwise create derivative works from, publicly perform, publicly display and otherwise exploit and utilize in any manner all of Your User-Generated Content.
7. SOFTWARE APPLICATIONS
To the extent that LovelySkin makes available through the Sites any software that may be used in connection with the Site or Services (“Software”), including, without limitation, any “app” or similar mobile software that may be downloaded for use in connection with the Site or Services, you agree that such Software is provided to you pursuant to the terms of the end user license made available with such Software. If no end user license is made available with such Software, then LovelySkin grants you only a personal, non-transferable and non-exclusive license to make use of the object code of the Software on a single device and you shall not, duplicate, alter, modify, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to the Sites or Services.
LovelySkin believes that all users of the Sites and Services benefit from basic rules regarding conduct while using the Services so that information and ideas may be shared freely, and so that commerce can be conducted fairly. To achieve these ends, you agree to follow the following basic rules of conduct when using the Sites and/or Services:
- You will comply with the User Agreement and all applicable laws;
- You will never give your password to anyone and you will not provide your billing or credit information except to make a purchase;
- You will not harass, threaten or abuse other people when using the Sites or Services in any manner, and you will not post, upload, post, email, or otherwise transmit to or through the Sites any Content that LovelySkin determines to be unlawful, harmful, fraudulent, libelous, defamatory, vulgar, obscene, or tortuous, or that LovelySkin determines to be hateful, and/or racially, ethnically, or otherwise objectionable;
- You will not post, upload, post, email, or otherwise transmit to or through the Sites any Content in violation of another’s trademark, copyright, privacy rights or other proprietary or intellectual property rights;
- Except as may be the result of a standard search engine or Internet browser usage, you will not launch, develop, distribute or use any automated system with the Sites, including the use of any bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments or submit Your User-Generated Content, or otherwise to act on your behalf. You will not offer or promote the availability of any such techniques or services to any other users of the Sites.
- You will not post, upload, post, email, or otherwise transmit to or through the Sites any Content that may contain a virus, cancelbot, Trojan horse, harmful code, or other computer code, files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- You will not attempt to harvest any screen names or e-mail addresses for any commercial use; and you will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including, without limitation, impersonating a LovelySkin representative or misrepresenting a relationship with LovelySkin, and you will not adopt a false identity or deceive or defraud another user;
- You will not disrupt the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions through the Sites or Services;
- You will not manipulate the Services so as to hide your identity or participation in Services on any Site (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
- You will not knowingly use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; nor will you redeliver any content using framing, hyperlinks, or other technology without LovelySkin’s express written permission;
- You will not intentionally or unintentionally violate any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange;
- You will not upload, post, email, transmit, offer or otherwise send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Sites or Services, except in any such areas that may have been designed specifically for such purpose (e.g., classified forums);
If you violate any of the rules of conduct set forth above, or any other aspect of the User Agreement, LovelySkin reserves the right to suspend or terminate your account and your access to and use of the Services without giving you any notice. LovelySkin further reserves the right (but shall have no obligation) to at any time remove and/or delete any Content that LovelySkin determines in its sole discretion to be inappropriate or undesirable for the Site.
9. FEEDBACK BY USERS
LovelySkin may provide mechanisms for users to contribute feedback to the Sites or Services. If and to the extent that you submit any feedback, ideas, documents, suggestions and/or proposals concerning the Site or the Services (“Contributions”), you agree that: (1) LovelySkin is granted a worldwide, fully-paid, royalty-free, irrevocable, transferrable and fully-sublicensable, non-exclusive right and license to use, copy, reproduce, distribute, publish, modify, adapt or otherwise create derivative works from and otherwise exploit and utilize in any manner all such Contributions, (2) LovelySkin is under no obligation to either compensate or provide any form of reimbursement in any manner or nature for any such Contribution nor is LovelySkin under any obligation to ensure or maintain the confidentiality of any Contribution; and (3) LovelySkin shall accordingly be entitled to make use of and/or disclose any such Contributions in any such manner as it may see fit. You further represent and warrant that your Contributions do not contain any type of confidential or proprietary information and are not subject to any proprietary rights of any third party.
10. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS PROCEDURES
If you believe that any of the Content on the Sites infringes upon your copyright, or otherwise violates your intellectual property rights, you should provide to the LovelySkin agent identified below all of the following:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the Content, and its location on the Site, which you allege is infringing upon your intellectual property;
- The physical address, telephone number, and email address of the owner of the intellectual property;
- A statement, in which you state that the alleged and disputed use of your copyright or other intellectual property is not authorized by the owner of the copyright or other intellectual property, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The LovelySkin agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
2929 Oak View Drive
Omaha, NE 68144
Attn: Logan Chard
11. THIRD PARTIES ADVERTISERS AND LINKS TO OTHER SITES
Any correspondence or business dealings with, or the participation in any promotions of, any third parties advertising through the Sites or Services (which business dealings may include the payment and/or delivery of goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings) are and shall be solely between you and any such third party. You agree that LovelySkin shall not be responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings with any such third party.
LovelySkin and third parties may provide links to other websites and/or resources. You acknowledge and agree that LovelySkin is not responsible for the availability of any such external sites or resources, and LovelySkin does not endorse, nor is it responsible or liable for, any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that LovelySkin shall not be responsible or liable, directly or indirectly, for any damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any content, goods or services made available on or through any such site or resource.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
12. SALE OF PRODUCTS
To the extent that you place any order for a Product or Products through the Site, such order is subject to this User Agreement and any additional terms (if any) expressly set forth on the listing for such Product.
The terms of the Return Policy available here, the Accepted Payment Methods page available here, the Shipping Policy available here (and, to the extent applicable, the International Orders policy available here and In-Store Pickup available here), and the Order by Phone policy available here, in each case as in effect on the date you place any order for a Product or Products through the Site, are hereby incorporated into and made a part of this User Agreement and shall be applicable to such order.
Given the Supreme Court decision regarding South Dakota vs. Wayfair, LovelySkin is obligated to collect state sales tax for purchases made on the website.
You are responsible for payment of any sales, use, consumption, VAT, excise, or other taxes (including taxes measured by receipts from any transaction) imposed by any taxing authority and required to be paid or collected by LovelySkin or you as a result transactions completed using the Sites or Services. LovelySkin may withhold any such taxes assessed in any transaction. However, even if LovelySkin does not withhold and pay such taxes, you remain responsible for any taxes that may be assessed by any governmental authority. Risk of loss of or damage to any items purchased passes to you upon delivery to the carrier.
LovelySkin attempts to accurately describe the Products and display the Products accurately. However, LovelySkin does not warrant that Product descriptions or other Content of any Service is accurate, complete, reliable, current, or error-free. Without limitation to the foregoing, while LovelySkin has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. Use of the Sites and Services is not meant to serve as a substitute for professional medical advice; the Sites and Services are solely online stores for skin care products, beauty products and other Products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Sites or Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
You shall indemnify and hold harmless LovelySkin and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, printers, contractors, licensors, suppliers, vendors, partners, agents and representatives (collectively “LovelySkin Parties”) from and against any liability, loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, incurred or suffered by the LovelySkin Parties and arising out of or in connection with (a) your User-Generated Content; (b) your use of the Sites or Services; (c) the use of the Sites or Services by any person who uses the Sites or Services while logged on under your user name and password; (d) your violation of any provision in the User Agreement; or (e) your violation of any laws or of any rights of a third party.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
14. WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SITES, SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SITES, SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN ANY LISTING FOR A PRODUCT AND EXCEPT AS SET FORTH IN THE RETURNS POLICY IN EFFECT AT THE TIME AN ORDER FOR A PRODUCT IS PLACED, ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN ANY LISTING FOR A PRODUCT AND EXCEPT AS SET FORTH IN THE RETURNS POLICY IN EFFECT AT THE TIME AN ORDER FOR A PRODUCT IS PLACED, LOVELYSKIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITES, SERVICES, SOFTWARE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION TO THE FOREGOING, LOVELYSKIN EXPRESSLY DISCLAIMS ANY WARRANTIES THAT (i) THE SITES, SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SITES, SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SITES, SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH THE SITES, SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF LOVELYSKIN SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
15. LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE LOVELYSKIN PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH THE LOVELYSKIN PARTIES MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR. IN ADDITION, THE LIABILITY OF THE LOVELYSKIN PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF $500 OR THE AMOUNT YOU HAVE PAID TO LOVELYSKIN IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.
16. EXCLUSION AND LIMITATIONS; CONSUMER PROTECTION NOTICE
THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS SET FORTH UNDER “WARRANTY DISCLAIMERS” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU.
If you are a consumer, the terms of Sections 11, 13, 15, 17 and 19 do not limit or waive your rights as a consumer under the local state law of your State of residence. Furthermore, if you are a consumer, the provisions in this User Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Without limitation to the foregoing, if you are a New Jersey consumer, the terms of Sections 11, 13, 15, 17 and 19 do not limit or waive your rights as a consumer under the New Jersey law and the provisions in this User Agreement are intended to be only as broad and inclusive as is permitted by New Jersey law. In any event, LovelySkin reserves all rights, defenses and permissible limitations under the local state law of your State of residence.
17. ACCESS TO SERVICES; RESALE OF PRODUCTS
The Sites and Services are intended for use by consumers of skin care products, beauty products and the other Products made available through the Sites. You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to LovelySkin’s Sites, Services or Software.
In addition, the Products available through the Sites are intended for sale to end users and are not intended for resale. To the extent that you obtain any Product(s) through the Sites, you shall indemnify and hold harmless the LovelySkin Parties from and against any liability, loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, incurred or suffered by the LovelySkin Parties in connection with or as a result of any resale, offer to resell or further distribution of the Products by you or any person acting through you.
SEE SECTION 16 ABOVE FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.
18. REWARDS PROGRAM
LovelySkin may from time to time offer a rewards program in connection with the sale of Products through the Sites or the Services available through the Sites. The current reward program is described at www.lovelyskin.com/customer-service/membership-benefits. LovelySkin reserves the right to revise, modify, discontinue, suspend, cancel or otherwise change or cease offering any reward program at any time, with or without prior notice. You agree that LovelySkin shall not be held liable for any such revisions, modifications, discontinuances, suspensions, cancellation or cessation or changes to any reward program.
19. Auto-Replenish Program
By ordering subscription products, you agree to the terms and conditions of LovelySkin’s Auto-Replenish program, along with the entirety of LovelySkin’s terms, conditions, limitations and requirements. By agreeing to these terms, you authorize us to charge your card for future orders at the frequency and quantity you selected. LovelySkin does not store credit card numbers or security codes. To charge recurring transactions, we store a reference to your past transactions with PayPal, allowing us to make your next purchase automatically. Because of this, no credit card numbers can be retrieved in the case of a security breach.
To edit saved payments, click the “Account Info” area on the left side of the page and select “Payments.” Here, you can choose to view, edit, add or delete your saved payment methods. At this time, PayPal cannot be used on subscription orders, and a credit or debit card is required.
Please note that while LovelySkin Auto-Replenish is available to the entire U.S., including Hawaii and Alaska, orders containing regulated materials for domestic transport (Class ORM-D), such as aerosols, perfumes, certain drugs and products with high alcohol content may only be shipped via ground transportation within the Continental U.S.
We reserve the right to change these terms and conditions at any time at LovelySkin’s sole discretion. Continued participation in the LovelySkin Auto-Replenishment program is acceptance of any changes to these terms and conditions.
Any returns related to the LovelySkin Auto-Replenishment program are subject to the LovelySkin Return Policy.
Auto-replenishment items will ship automatically until the subscription order or program is canceled. The actual cost of each order may vary depending on the prices and promotions then in effect, quantity and frequency of shipment. After your first order, the total cost for each subscription order will be the cost of the item on the day we send you a confirmation email noting your subscription order plus sales tax, if applicable. Effective and valid discounts available at the time we confirm the price of your subscription order will be applied to your order. Subsequent Auto-Replenish orders do not qualify for Gift with Purchase offers.
More information on the current Auto-Replenish program can be found at www.lovelyskin.com/customer-service/auto-replenish.
If a subscription order cannot be processed due to an issue with an invalid shipping address, billing address or expired payment information, you will be notified and given the opportunity to correct the problem. If the issue is not corrected within thirty days, your subscription will be cancelled.
If any provision of these terms and conditions is determined to be invalid or unenforceable, it shall not affect the enforceability of any other provision within these terms. For customer service or to cancel, login to your LovelySkin account, email firstname.lastname@example.org or call 402-697-1100.
20. CHOICE OF LAW AND FORUM
(A) You and LovelySkin mutually agree that the relationship between the parties shall be governed by the laws of the State of Nebraska without regard to its conflict of law provisions. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE.
(B) You and LovelySkin mutually agree that any and all claims, causes of action and/or disputes, arising out of or relating to the User Agreement, or the relationship between you and LovelySkin, shall be filed within the state courts having jurisdiction within Douglas County, Nebraska, or the U.S. District Court for the District of Nebraska; provided, however, that in the event that LovelySkin asserts a right to indemnification under the User Agreement with respect to any third party action filed and pending in the court of another jurisdiction, LovelySkin may assert such claim for indemnification in the court in which such third party action has been filed. You and LovelySkin agree to submit to the jurisdiction of the state courts having jurisdiction within Douglas County, Nebraska, or the U.S. District Court for the District of Nebraska, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
21. GENERAL TERMS
This User Agreement constitutes the entire agreement between you and LovelySkin and shall govern the use of the Sites, Services and Software and the purchase of the Products, superseding any prior version of this User Agreement. No failure or delay in exercising or enforcing any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this User Agreement remain in full force and effect. The parties agree that there are no third-party beneficiaries to this User Agreement.
LovelySkin may furnish you with notices relating to this User Agreement by any reasonable means currently known or which may be developed including, but not limited to email, regular mail, MMS or SMS, text messaging, or postings on the Sites. To the extent that LovelySkin uses any contact information you have provided through your registration of your user account or otherwise, you agree that transmittal in accordance with such contact information shall be deemed valid notice to you, and any failure by you to update such information shall not affect the validity of such notice given to you.
If you wish to contact LovelySkin, you may use the following contact information.
2929 Oak View Drive
Omaha, Nebraska 68144