SkinForYou Inc. Terms of Use

Skinforyou Inc. Terms of Use Last modified: November 2020

Effective Date: November 2020
PLEASE READ THESE TERMS OF USE (“ AGREEMENT ”) CAREFULLY BEFORE USING THE SERVICES (DEFINED
BELOW) OFFERED BY SKINFORYOU INC. (“ SKINFORYOU ”, “ WE ”, OR “ US ”). BY DOWNLOADING,
INSTALLING OR USING THE APPLICATION OR THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU
HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, YOU HAVE NO RIGHT TO AND SHOULD NOT USE THE SERVICES.
1. Applicability.
This Agreement governs the Skinforyou mobile application (on all platforms), and any other linked
pages, features, content, or online services offered from time to time by Skinforyou in connection
therewith, and including our social media sites and platforms, including but not limited to Facebook,
Twitter, and Instagram (collectively, the “ Application ”). Skinforyou may provide certain services, as
described more fully in the Application, that have been selected by you. Such services, together with
your use of the Application, any service Skinforyou performs for you, and the Content (as defined below)
offered by Skinforyou on the Application are referred to in this Agreement as the “ Services ”. The
Application may include materials displayed or performed on the Application or in connection with the
Services (including, without limitation, text, graphics, articles, photographs, images, and illustrations)
that Skinforyou owns or licenses (collectively known as the “ Content ”). Notwithstanding the foregoing,
the Application may permit third-party salons, estheticians, or other businesses or individuals to post
information in the Application (“ Third Party Content ”). The Content does not include Third Party
Content.
PLEASE READ THIS AGREEMENT CAREFULLY, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION
PROVISION. The arbitration provision set forth below requires you to arbitrate any claims you may have
against Skinforyou on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU
WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY,
AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
2. Limited license grant; restrictions.
a. Grant of License. Subject to the terms of this Agreement, Skinforyou grants to you a
limited and nonexclusive license, without the right to sublicense, (the “ License ”) to:
i. Download, install, and use the Application for your personal, non-commercial
use on a single mobile device owned or otherwise controlled by you (“ Mobile
Device ”) strictly in accordance with this Agreement; and
ii. Access, download, and use on such Mobile Device the Content and Services
made available or otherwise accessible through the Application, strictly in
accordance with this Agreement.
b. Restrictions . Under the License, you shall not:
i. Copy the Application, except as expressly permitted by this License;
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ii. Modify, translate, adapt, or otherwise create derivative works or improvements,
whether or not patentable, of the Application;
iii. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to
derive or gain access to the source code of the Application or any part thereof;
iv. Remove, delete, alter, or obscure any trademarks or any copyright, trademark,
patent, or other intellectual property or proprietary rights notices from the
Application, including any copy thereof; or
v. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or
otherwise make available the Application, or any features or functionality of the
Application, to any third party for any reason, including by making the
Application available on a network where it is capable of being accessed by
more than one device at any time.
3. Access to Application and Services.
The Application is owned and operated by Skinforyou. Skinforyou may change, suspend, or discontinue
the Application or any Services at any time, including the availability of any feature, database, or the
Content. Skinforyou may also impose limits on certain features and Services or restrict your access to
parts or all of the Application without notice or liability to you.
Skinforyou does not knowingly collect or solicit personal information from anyone under the age of 18
or knowingly allow such persons to use the Application or register for the Services. If you are under 18,
please do not attempt to use the Application or register for the Services or send any information about
yourself to us, including your name, address, telephone number, or email address. No one under age 18
may provide any personal information to Skinforyou or to the Application or the Services. In the event
that we learn that we have collected personal information from a child under age 18 without verification
of parental consent, we will delete that information as quickly as commercially possible. If you believe
that we might have any information from or about a child under the age of 18, please contact us at the
email address listed in Section 19 below. You represent and warrant to Skinforyou that: (i) you are of
legal age and have the authority to form a binding contract; (ii) all registration and other information
you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You
also certify that you are legally permitted to use and access the Application and the Services and take
full responsibility for the selection and use of and access to the Application and the Services. This
Agreement is void where prohibited by law, and the right to access the Application and the Services is
revoked in such jurisdictions.
4. Geographic restrictions.
The Application, Services and Content are based in the state of Colorado in the United States and
provided for access and use only by persons located in the United States. You acknowledge that you may
not be able to access all or some of the Application, Services or Content outside of the United States and
that access thereto may not be legal by certain persons or in certain countries. You are prohibited from
accessing the Application, Services and Content from outside the United States.
5. Copyright; third party links.
The Content and Third Party Content are protected by copyright. You shall abide by all copyright
notices, trademark rules, information, and restrictions contained in any Content or Third Party Content,
and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute,
perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content,
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Third Party Content or other proprietary rights not owned by you: (i) without the express prior written
consent of the owner, and (ii) in any way that violates any Skinforyou or third-party right. The
Application, the Services, and the Content are also protected by copyright as collective works and/or
compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
Copying or storing of any Content is expressly prohibited without prior written permission from
Skinforyou. If you link to the Application, you must do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, and you may not establish a link in such a way as to
suggest any form of association, approval, or endorsement on our part without our express written
consent. Skinforyou may revoke your right to so link at any time, at Skinforyou’s sole discretion.
Skinforyou reserves the right to require prior written consent before linking to the Application.
The Application and Services may contain links to other sites and resources provided by third parties,
and may contain Third Party Content. These links (including links contained in advertisements, banner
advertisements and sponsored links) and other Third Party Content are provided for your convenience
only. We have no control over the content of those sites or resources or other Third Party Content and
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 of the Third Party Content or third-party websites, services or content linked to the
Application or the Services, you do so entirely at your own risk and subject to the terms and conditions
of use for such websites, services or content.
6. Ownership.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do
not acquire any ownership interest in the Application, Services or Content under this Agreement, or any
other rights thereto other than to use the Application in accordance with the license granted, and
subject to all terms, conditions, and restrictions, under this Agreement. Skinforyou and its licensors and
service providers reserve and shall retain their entire right, title, and interest in and to the Application,
Services and Content, including all copyrights, trademarks, and other intellectual property rights therein
or relating thereto, except as expressly granted to you in this Agreement.
7. Open source.
Certain items of software included with the Application or Services may include or operate in
conjunction with materials and information, in any form or medium, including, without limitation, any
software (whether open source software or otherwise), documents, data, content, specifications,
products, equipment or components of or relating to the Application or Services that are not proprietary
to Skinforyou (“ Third-Party Materials ”). All Third-Party Materials are provided pursuant to the terms
and conditions of the applicable third-party license agreement. You shall comply with all such
third-party license agreements, and any breach by you of such license agreements (following any cure
periods provided in such third-party license agreements) will be deemed a breach of this Agreement.
Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and
conditions of any applicable end user license for the Third-Party Materials.
8. Privacy policy.
You acknowledge that when you download, install, or use the Application or the Services, Skinforyou
may use automatic means to collect information about your Mobile Device and about your use of the
Application and Services. You also may be required to provide certain information about yourself as a
condition to downloading, installing, or using the Application or Services, or certain of their features or
functionality. In particular, as further detailed in the Skinforyou’s Privacy Policy, you may be required to
enter certain Personal Information (as defined in the Privacy Policy) in order to use the Application or
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Services, including information about any allergies or health conditions you might have, or skincare
products you might use. All information we collect through or in connection with this Application and
the Services is subject to our Privacy Policy. By using the Application, you indicate that you are aware of
and agree to and accept the terms of the Skinforyou Privacy Policy available at [ LINK ].
9. No warranties.
THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND
DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, SKINFORYOU, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND
SUBSIDIARIES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE
APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION
TO THE FOREGOING, SKINFORYOU PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO
REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE
ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS,
SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY
STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, SKINFORYOU IS NOT RESPONSIBLE FOR THE RESULTS OF ANY
SKINCARE REGIMEN, THE INTERACTION OR ANY SKINCARE PRODUCTS OR THE ACCURACY OF ANY
INGREDIENT LIST. YOU SHOULD CONSULT YOUR HEALTH CARE PROVIDER REGARDING ANY MEDICAL
QUESTIONS YOU MAY HAVE AND BEFORE STARTING ANY NEW MEDICATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES
OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF
THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Registration.
As a condition to using some aspects of the Application or the Services, you may be required to register
with Skinforyou and select a password and user name ( “Skinforyou User ID” ). You shall provide
Skinforyou with accurate, complete, and updated registration information. Failure to do so shall
constitute a breach of this Agreement, which may result in immediate termination of your account. You
may not (i) select or use as a Skinforyou User ID a name of another person with the intent to
impersonate that person; (ii) use as a Skinforyou User ID a name subject to any rights of a person other
than you without appropriate authorization; (iii) register in the name of someone other than yourself;
or (iv) provide an email address other than your own. Skinforyou reserves the right to refuse
registration of or cancel a Skinforyou User ID in its discretion. You shall be responsible for maintaining
the confidentiality of your password. If you access the Application or the Services through a third party
site or service, you will provide your third-party account credentials to Skinforyou, you are consenting to
have the information in those accounts transmitted into your Skinforyou account, and you agree that
you shall only use accounts owned by you, and not by any other person or entity unless permission is
granted to you for such use in a related document or agreement.
11. Limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKINFORYOU, ITS
LICENSORS, PARTNERS, OR ANY OF THEIR AFFILIATES, SUCCESSORS, OR PERMITTED ASSIGNS, OR ANY OF
THEIR OR THEIR AFFILIATES’ RESPECTIVE OWNERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OR
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AGENTS, BE LIABLE WITH RESPECT TO THE APPLICATION, THE SERVICES, THE CONTENT, THRID PARTY
CONTENT, OR THE OTHER MATTERS TO WHICH THIS AGREEMENT RELATES UNDER ANY CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY INCLUDING, WITHOUT
LIMITATION, FOR:
a. ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, FOR LOST DATA, LOST
PROFITS, LOST CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION,
PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING,
WITHOUT LIMITATION, THE DUTIES OF GOOD FAITH OR REASONABLE CARE,
NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), EVEN IF
SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR
b. DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY
PAID BY YOU FOR THE APPLICATION OR SERVICES, OR IF NO SUCH AMOUNT WAS PAID,
$1,000.
THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. Indemnification .
You agree to indemnify, defend, and hold harmless Skinforyou and its officers, directors, managers,
employees, agents, affiliates, successors, and assigns from and against any and all losses, damages,
liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs,
or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of
the Application or Services or your breach of this Agreement.
13. Fees and payment.
Skinforyou may require payment of fees for certain portions of the Application or Services. You may
elect to subscribe for such features in your discretion. If you elect to subscribe to such features, you will
be required to pay the fees described to you at that time. Skinforyou may change the prices and add
new charges at any time by sending a notification to you or posting such notices in the application or on
its website. Use of the applicable feature following such notice indicates your acceptance of the new
charges.
14. Termination.
The term of this Agreement commences when you download and install the Application and will
continue in effect until terminated by you or Skinforyou as set forth in this Section 14.
a. You may terminate this Agreement by deleting the Application and all copies thereof
from your Mobile Device and ceasing to use all Services and Content.
b. Skinforyou may terminate this Agreement:
i. At any time without notice if Skinforyou ceases to support the Application or
Services, which we may do in our sole discretion;
ii. As a result of your breach of your obligations under this Agreement; or
iii. For any other reason, without liability and without prior warning, in Skinforyou’s
sole discretion.
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Termination will not limit any of Skinforyou’s rights or remedies at law or in equity.
15. Governing law and jurisdiction.
All matters relating to this Agreement and any dispute or claim arising therefrom or related thereto (in
each case, including non-contractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict
of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, the
Application, Services or this Agreement, and which is not required to be submitted to arbitration as set
forth below, shall be instituted exclusively in the federal courts of the United States or the courts of the
State of Colorado, in each case located in the City and County of Denver. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Dispute resolution and arbitration; waiver of jury trial.
Any dispute, claim or controversy arising out of your use of, or relating to the negotiation, execution,
and performance of, the Application, Services or this Agreement, including, without limitation, any
alleged contractual, statutory, or tort claims, regardless of whether such claims are brought at law or in
equity, and any dispute regarding the arbitrability of such issues (each, a “ Dispute ”), shall be determined
by binding arbitration pursuant to the Colorado Revised Uniform Arbitration Act, C.R.S. § 13-22-201, et
seq., and in conformance with the Commercial Arbitration Rules of the American Arbitration Association
(“ AAA ”). The location of any and all arbitration proceedings shall be Denver, Colorado. Any such
dispute, controversy or claim shall be determined by one (1) arbitrator selected by mutual agreement of
you and Skinforyou. If you and Skinforyou are not able to expeditiously agree upon the arbitrator, an
arbitrator shall be determined by striking names from a list of potential arbitrators provided by the AAA.
Any and all arbitrators selected shall be independent of you and Skinforyou. Any questions regarding
the arbitrability of a Dispute or the claims asserted therein shall be resolved by the arbitrator.
Arbitration shall be conducted expeditiously as time shall be deemed to be of the essence in
determining any matters subject to arbitration. The decision or award of the arbitrator shall be final and
binding upon you and Skinforyou to same extent and to the same degree as if the matter had been
adjudicated by a court of competent jurisdiction. The costs and expenses of the arbitration and of the
prevailing party (including reasonable attorneys’ fees) shall be paid by the non-prevailing party. The
parties expressly incorporate the bar on punitive damages set forth in C.R.S. § 13-21-102(5), and each
party knowingly waives any alleged right to recover an award of punitive damages from the other
regardless of the nature of the Dispute.
YOU AND SKINFORYOU EACH WAIVE THE RIGHT TO BRING CLAIMS ON A REPRESENTATIVE OR CLASS
BASIS, EVEN IF AAA PROCEDURES OR RULES WOULD ALLOW IT. YOU AND SKINFORYOU EACH WAIVE
THE RIGHT TO A JURY OR COURT TRIAL. The arbitrator may award monetary or injunctive relief only in
favor of the individual party seeking relief and only to the extent necessary to provide relief warranted
by that party’s individual claim. IF THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN THE
ENTIRE ARBITRATION PROVISION SHALL BE DEEMED UNENFORCEABLE. IN NO CIRCUMSTANCE SHALL
CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION.
Notwithstanding the foregoing, Skinforyou shall be entitled to seek any remedy available at law or in
equity necessary to preserve or protect its interests, or to ensure compliance with the obligations of the
this Agreement and any related terms and conditions, including a temporary restraining order,
preliminary and/or temporary injunctive relief and specific performance, until the arbitration award is
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rendered or the controversy is otherwise resolved, without having to arbitrate and without need to post
any bond. If Skinforyou commences any such action or proceeding against you, the prevailing party shall
be entitled to recover all reasonable costs and expenses, including without limitation reasonable
attorneys’ fees.
17. Limitation on time to file claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE APPLICATION,
THE SERVICES OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. General.
a. Waiver . The failure of Skinforyou to exercise, in any respect, any right provided for
herein shall not be deemed a waiver of any further rights hereunder.
b. Failure to Perform . Skinforyou shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause beyond Skinforyou’s
reasonable control, including, without limitation, acts of God, fires, floods, earthquakes,
wars, civil commotion, sabotage, accidents, labor disputes or shortages, changes in
applicable laws, epidemic or pandemic, any action taken by a governmental or public
authority, or mechanical, electronic, or communications failure or degradation
(including “line-noise” interference).
c. Severability . If any provision of this Agreement is found to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent necessary so that
this Agreement shall otherwise remain in full force and effect and enforceable.
d. Modification of this Agreement . Skinforyou reserves the right to modify this Agreement
at any time by email to the address that you registered with Skinforyou, or by updating
this Agreement in the Application. Your continued use of the Application or the Services
after Skinforyou’s sending such email or updating the Agreement in the Application
represents your consent to such modification.
e. Assignment . This Agreement is not assignable, transferable, or sublicensable by you
except with Skinforyou’s prior written consent. Skinforyou may transfer, assign, or
delegate this Agreement and its rights and obligations without your consent.
f. Complete Agreement . Both parties agree that this Agreement is the complete and
exclusive statement of the mutual understanding of the parties with respect to the
Application, the Services, the Content, Third Party Content, and any other subject
matter referenced in this Agreement, and supersedes and cancels all previous written
and oral agreements, communications and other understandings relating thereto, and
that, except as provided in Paragraph (d) of this Section, all modifications must be in a
writing signed by both parties.
g. Headings . Headings for each section have been included above for your convenience,
but such headings do not have any legal meaning.
h. Third-party beneficiaries . You and Skinforyou agree there are no third-party
beneficiaries intended under this Agreement.
i. Notices . Any notice to you may be provided by email to the address that you registered
with Skinforyou.
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j. Survival . Those sections of this Agreement that by their context are intended to survive
(including, without limitation, Sections [reference to limitation of liability, governing law
and jurisdiction, dispute resolution and arbitration, limitation on time to file complaint –
update section numbers once final ] shall so survive.
19. Contact info
If you have any questions, complaints, or claims with respect to the Application, the Services, Content,
or any other matter described in this Agreement, you may contact us at Skinforyou Inc., 5665 Olde Wadsworth Blvd Arvada, CO 80002, by
email at hello@skinforyou.com, or call 720-316-7907.
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