TERMS & CONDITIONS
SECTION 1 – ACCESSING OUR WEBSITE
You are responsible for making all arrangements necessary for you to have Internet connectivity and access to our Website. We reserve the right to amend, restrict or remove any portion of our Website, as well as any products or services that we offer on our Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of our Website or products are unavailable at any time or for any reason.
SECTION 2 – INTELLECTUAL PROPERTY RIGHTS
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (i) you may store files that are automatically cached by your web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Website; or (iii) access or use for any commercial purposes any part of our Website or any products or services available through our Website.
(d) Our name, logo, and all related product and service names, artwork, graphics, designs, and slogans constitute trademarks or service marks (“Marks”) of our Company and/or our affiliates and licensors. You may not use such Marks without our prior written consent. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.
SECTION 3 – YOUR OBLIGATIONS AND REPRESENTATIONS
SECTION 4 – CHANGEDSKIN.COM BLOG CONTENT
CHANGEDSKIN.COM is committed to providing information on a wide variety of health and beauty topics. The editorial information we provide is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the CHANGEDSKIN.COM site or any other website. Reliance on any information provided by CHANGEDSKIN.COM, CHANGEDSKIN.COM employees, others appearing on the Site at the invitation of CHANGEDSKIN.COM, or other visitors to the website is solely at your own risk. The information contained in CHANGEDSKIN.COM’s blog is for informational purposes only and does not constitute legal or medical advice. Comments, feedback and responses on this blog are not confidential and are subject to these Terms of Service and CHANGEDSKIN.COM’s Privay Policy. The opinions expressed in CHANGEDSKIN.COM’s blog are the opinions of the contributors only and may not reflect the opinions of CHANGEDSKIN.COM, LLC or its employees. No representations are made as to the accuracy, completeness, or validity of any information contained in CHANGEDSKIN.COM’s blog.
SECTION 5 – USER CONTRIBUTIONS
(a) We may from time-to-time provide interactive services, such as message boards, customer comments and feedback, blog posts, or other interactive features that allow users to post, submit, publish, blog, display or transmit (hereinafter, “post”) your furnished content or materials (collectively, “User Contributions”) on or through our Website. All User Contributions must comply with the Content Standards set out in this Policy.
(b) Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant us and our successors the right to use, reproduce, modify, perform, display, distribute, delete, or disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against us for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory regarding such User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
(c) If you provide a User Contribution to be published or displayed on public areas of our Website, or transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of our Website or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
(d) User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of our Website.
SECTION 6 – CONTENT STANDARDS
These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party
Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws
Promote any illegal activity, or advocate, promote or assist any unlawful act
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
Impersonate any person, or misrepresent your identity or affiliation with any person or organization
Involve commercial activities or sales
Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity
SECTION 7 – MONITORING AND ENFORCEMENT; TERMINATION
We have the right, but not the obligation, to review, screen, delete or edit any User Contribution. You accept that such contributions do not reflect our views and are not endorsed by us.
We have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions we deem necessary or appropriate; (c) disclose your identity or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website; (e) terminate or suspend your access to all or part of our Website.
Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. We do not undertake to review material before it is posted on our Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
SECTION 8 – COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from our Website infringe your copyright, you may request removal of those materials (or access thereto) from our Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on our Website, a representative list of such works; (c) identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material; (d) adequate information to contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Attn: Creative Biz Marketing
New York, NY 10013
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on our Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).
SECTION 9 – RELIANCE ON INFORMATION POSTED
The information presented on or through our Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Our Website includes content provided by third responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
SECTION 10 – PRIVACY
SECTION 11 – LINKS FROM THE WEBSITE
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
SECTION 12 – LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the prior, express written consent of our CEO). Our Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on our Website
Send e-mails or other communications with certain content or links to specific content on our Website
Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you
Cause our Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
Link to any part of our Website other than the homepage
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice and in our sole discretion.
SECTION 13 – PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through our Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Prices for our products and/or services are subject to change without notice. We reserve the right at any time to modify or discontinue products and/or services from our Website, without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our products or services.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 14 – 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 customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event 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 at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 15 – SHIPMENT AND RISK OF LOSS
CHANGEDSKIN.COM will add applicable shipping and handling fees to your order. Unless otherwise noted, CHANGEDSKIN.COM will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although CHANGEDSKIN.COM may provide delivery or shipment timeframes or dates, you understand that those are CHANGEDSKIN.COM’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, CHANGEDSKIN.COM will use reasonable good faith efforts to contact you. If CHANGEDSKIN.COM cannot contact you or you no longer wish to receive the item, CHANGEDSKIN.COM will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or Mastercard. CHANGEDSKIN.COM shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. CHANGEDSKIN.COM may reject orders where the stated delivery address is outside the United States.
SECTION 16 – SALES TAX
In the United States, CHANGEDSKIN.COM is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. CHANGEDSKIN.COM is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
SECTION 17 – INTERNATIONAL ORDERS
CHANGEDSKIN.COM does not directly sell certain CHANGEDSKIN.COM products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While CHANGEDSKIN.COM may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:
You agree that the purchase of any CHANGEDSKIN.COM products by you, as a non-U.S. resident, shall be (i) ex works CHANGEDSKIN.COM’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner.
You further agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period; you hereby expressly authorize and direct CHANGEDSKIN.COM to load and ship the purchased products to your shipping address and to contract on your behalf with a courier company for that purpose; and you are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from CHANGEDSKIN.COM’s facilities in the United States to your foreign shipping address.
SECTION 18 – AUTOMATIC RENEWAL SUBSCRIPTION PROGRAM
If you are placing an order online or by telephone as part of our automatic renewal subscription program, your membership in the program will remain in effect until it is canceled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CONTACTING CUSTOMER SERVICE OR VIA THE ‘MANAGE SUBSCRIPTION’ LINK YOU RECEIVED IN YOUR EMAIL AFTER YOUR FIRST PURCHASE.
If you are participating in our automatic renewal program using a credit card and your credit card fails to process for a subsequent shipment, CHANGEDSKIN.COM may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and CHANGEDSKIN.COM will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our automatic renewal program may be terminated and your account may be sent for collection.
SECTION 19 – RETURN / REFUND POLICY
Orders that have been placed into shipment cannot be canceled. However, you may return items in accordance with the Return Policy instructions that accompany your product shipments, or if you are uncertain about your right to return the product, you may also call Customer Service for assistance. CHANGEDSKIN.COM will refund your payment when your product is timely returned or canceled, and within 7 business days of our receipt of the returned product, if purchased using third-party credit, such as a Visa or Mastercard. Unless otherwise indicated by CHANGEDSKIN.COM in writing, shipping charges are not refundable.
SECTION 20 – ELECTRONIC COMMUNICATIONS, SIGNATURES AND AGREEMENTS
The information communicated by you through our Website constitutes an electronic communication. When you communicate with CHANGEDSKIN.COM through our Website or via other forms of electronic media, such as e-mail, you are communicating with CHANGEDSKIN.COM electronically. You agree that CHANGEDSKIN.COM may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that CHANGEDSKIN.COM provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by CHANGEDSKIN.COM or you). You further acknowledge and agree that by clicking on the button labeled “SUBMIT,” “DOWNLOAD,” “I ACCEPT,” “I AGREE,” or such similar links as may be designated by CHANGEDSKIN.COM, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY CHANGEDSKIN.COM. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 21 – NO PROMISES
YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OUR COMPANY NOR ANY PERSON ASSOCIATED WITH OUR COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER OUR COMPANY NOR ANYONE ASSOCIATED WITH OUR COMPANY PROMISES, REPRESENTS OR WARRANTS THAT OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
SECTION 22 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR COMPANY, INCLUDING OUR LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF OUR WEBSITE BY YOU.
SECTION 23 – CHANGES
SECTION 24 – EQUITABLE RELIEF
SECTION 25 – GOVERNING LAW AND VENUE
SECTION 26 – SEVERABILITY
SECTION 27 – WAIVER AND AMENDMENT
SECTION 28 – GEOGRAPHIC RESTRICTIONS
Software, functionality, and/or features (collectively, “Service Functionality”) that may be available on or through our Website from time-to-time are subject to United States Export Controls. No Service Functionality from our Website may be downloaded or exported (i) into (or to a resident of) Cuba, Iran, North Korea, Sudan, and Syria, or any other country the United States has deemed to be an export controlled or embargoed country from time-to-time; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or is otherwise restricted or barred by United States Commerce Department or other US government regulatory orders. By downloading or using any Service Functionality, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although our Website may be accessible worldwide, we make no representation that materials on our Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access our Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Service Functionality is void where prohibited. In addition to the foregoing, products offered for sale on our Website may be subject to alternative labeling, marketing, ingredient, and warning requirements (“Labeling Requirements”) depending on the location where the products are to be sold or shipped. As a result, product labels depicted on our Website are not necessarily illustrative of or compliant with Labeling Requirements for the products in your jurisdiction. Any customer inquiries in this regard can be directed to us via the “Contact Us” link or mailing address in Section 22, below.
SECTION 29 – FUTURE BUSINESS TRANSACTIONS
SECTION 30 – SMS/MMS MOBILE MESSAGING MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of household cleaning products, personal care products, pet products, and baby care products..
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which CHANGEDSKIN.COM, LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SECTION 31 – COMPLETE UNDERSTANDING
SECTION 32 – CONTACT US
Your comments and questions regarding our Website and products are important to us. Please contact us at email@example.com and indicate on the subject line, “Customer Question,” or by mailing us at: CHANGEDSKIN.COM, 447 Broadway, 2nd Floor, #249, New York, NY 10013, Attention: Privacy Compliance, Attention: Customer Service.
PRIVACY & SAFETY
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