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Terms of service

Terms and Conditions

Effective Date: January 5, 2022

IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS AGREEMENT AND YOUR USE OF OUR SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

These Terms and Conditions (“Terms”) form a legally binding contract between you and RE: Skin Ethos, LLC, so please read them carefully. By accessing or using the RE: Skin Ethos website (the “Site”) in any manner, including, but not limited to visiting or browsing our websites or any other pages, features, content owned and operated by RE: Skin Ethos (collectively, including the Site, the “Services”), or contributing content or other materials to the Services, you expressly understand, acknowledge and agree to be bound by these Terms. If you do not feel comfortable with any part of our Terms or Privacy Policy, please discontinue use of the Services or engaging with RE: Skin Ethos immediately. Please note that our Services are not intended for use by children under the age of 16 years old.

 

1. THE TERMS AND ACCEPTANCE OF TERMS

The Services are owned and operated by RE: Skin Ethos, LLC (together, “RE: Skin Ethos,” “we,” “us” or “our”) and are offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, and procedures.

  • Updates to the Terms. We reserve the right to modify the Terms, at any time, in our sole discretion by posting updates and/or changes to our website. If we make a material change to the Terms, we will provide you with notice of the revised Terms. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Services, or another manner. The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed, RE: Skin Ethos will treat your use as acceptance of the updated Terms.
  • Privacy Policies. Please review our Privacy Notice, which also governs your visit to the Site, for details about what personal information we collect, why we collect the information and your rights in relation to your information. When you use our Services, including providing any information by placing orders through the Services, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary.
  • Entire Agreement. These Terms, and any other legal notices published on the Services, shall constitute the entire agreement between you and RE: Skin Ethos concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. In construing or interpreting the Terms & Conditions, headings are for convenience only, and not to be considered.
  • If any provision of the Terms is found to be unenforceable or unlawful by a court of competent jurisdiction, then that provision shall be deemed sevrable and not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
  • No Waiver of Any Terms. No waiver of any term shall be deemed a further or continuing waiver of such term or of any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of that right or provision.

 

2. RE: SKIN ETHOS PRODUCTS

  • Not Evaluated by the U.S. FDA. All material and information presented by RE: Skin Ethos is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through RE: Skin Ethos are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from RE: Skin Ethos it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
  • Products to be Used in Accordance with Their Instructions. All products should be used only in accordance with their instructions, precautions and guidelines. You should always check a product’s ingredients before application to avoid potential allergic reactions.
  • No Provision of Medical Advice. RE: Skin Ethos does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. RE: Skin Ethos does not represent itself as a physician nor is this implied. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Please consult with your physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. No prescription medications or medical treatments are intentionally provided on the Sites.
  • No Sale or Resale. The products available on the Site are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from RE: Skin Ethos. RE: Skin Ethos reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by RE: Skin Ethos in its sole discretion. Except where prohibited by law, RE: Skin Ethos may limit the number of products available for purchase.

 

3. PRICING AND AVAILABILITY, RIGHTS OF REVOCATION, AND REFUNDS

  • Pricing and Revocation of Offers. Prices and availability are subject to change without notice. Errors will be corrected where discovered, and RE: Skin Ethos reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted. RE: Skin Ethos may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same credit card, and also orders, which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur.
  • We want you to be totally satisfied with your order; however, we understand if a product doesn't work out and want to make the return as painless as possible.

You will receive a refund for only the item(s) returned. Original shipping costs are not refunded on returned items. We cannot take returns on overly used products or products purchased outside of our 30-day return window. Please note: All discounted items are final sale.

Please include a copy of the original order confirmation in the package. Your refund will be issued to the original form of payment within 5-7 business days of the notification email sent to you, acknowledging your return has been processed.

Please initiate your return request by sending email to return@reskinethos.com.

All returns should be mailed to:

RE: Skin Ethos LLC, 1303 Palm Ridge Ln, San Jose, CA 95123.

 

4. USER CONTENT

When you post content that you have created (“User Content”) using our Site or Services, you acknowledge that your posts are public, for everyone to see, use, copy, and share. Please only post content that you have the right to post, does not violate anyone else’s rights, and is fair and truthful. Though you own User Content, even after you share it to our Services, by sharing it you are granting a non-exclusive license to it, which means we might use it in places like marketing materials.

RE: Skin Ethos does not endorse any content, or any opinion, recommendation or advice expressed therein, and RE: Skin Ethos disclaims all liability with respect to the content posted by third parties.

 

5. INTELLECTUAL PROPERTY

  • Content included on or comprising the Services, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material, excluding User Content, (“Content”) are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. RE: Skin Ethos owns, to the fullest extent allowed by the U.S. and international copyright laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. Modification of the materials appearing on the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
  • The RE: Skin Ethos logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by RE: Skin Ethos and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
  • Claims Regarding Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (i) a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, and if multiple copyrighted works are to be covered by a single notification, a list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Please also provide information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and your email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

Please note that if you fail to comply with all of the requirements set forth above, your DMCA notification may not be effective. Our designated Copyright Agent to receive notifications of claimed infringement is:

RE: Skin Ethos LLC

Legal Department

1303 Palm Ridge Ln,

San Jose, CA 95123  

e-mail: legal@reskinethos.com

1-917-592-1133

After receiving an effective notification of claimed infringement, we will process and investigate the claim and, if appropriate, act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps promptly to notify the uploading user that the material has been removed or disabled at your request.

This notification process does not limit RE: Skin Ethos’ ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.

 

6. DISCLAIMER OF WARRANTIES.

The Site is provided on an “AS IS,” “as available” basis. Neither RE: Skin Ethos nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Site will be uninterrupted or error-free. Neither RE: Skin Ethos nor its associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Services. RE: Skin Ethos specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by RE: Skin Ethos, nor its Associates, shall create a warranty. You expressly agree that use of the Services is at your sole risk.

 

7. DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL RE: SKIN ETHOS OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF TERRORISM, ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RE: SKIN ETHOS RECORDS, PROGRAMS OR SERVICES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RE: SKIN ETHOS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND RE: SKIN ETHOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The preceding section does not apply to New Jersey residents.

 

8. INDEMNIFICATION

You agree to release, indemnify, and defend RE: Skin Ethos, LLC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: your use of the Services; your conduct or interactions with other users of the Services; your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

 

9. GOVERNING LAW

The Services are created, operated and controlled by RE: Skin Ethos in the State of California, United States of America. As such, the laws of the State of California will govern these Terms & Conditions without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the Services and these Terms at any time by updating this posting. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms & Conditions to which you are bound.

 

10. AGREEMENT TO ARBITRATE DISPUTES FOR USERS IN THE UNITED STATES AND CANADA.

PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  • Initial Dispute Resolution. We are available by email at contact@reskinethos.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
  • Agreement to Binding Arbitration. For all disputes and claims other than those regarding RE: Skin Ethos’s IP rights as described in Section 5 above, if we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration.

All claims arising out of or relating to the Terms & Conditions (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration, which is a private process through which disputing parties agree that one or several neutral arbitrators can make a binding decision and/or award in relation to the dispute after receiving evidence and hearing arguments.

  • Arbitration Procedures. All claims arising out of or relating to these Terms, the parties’ relationship with each other, and/or your use of our Services or Site shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 555 West 5th Street, 32nd Floor, Los Angeles, CA 90013 USA; and (c) send one copy of the Demand for Arbitration to RE: Skin Ethos at RE: Skin Ethos, LLC, 1303 Palm Ridge Ln, San Jose, CA 95123.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and RE: Skin Ethos further agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The interpretation and enforcement this arbitration agreement and all other agreements between you and RE: Skin Ethos shall be subject to the Federal Arbitration Act.

  • Waiver of Jury Trial. You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
  • Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.
  • Exception – Small Claims Court Claims. Notwithstanding your and RE: Skin Ethos’s agreement to resolve all disputes through arbitration, either you or RE: Skin Ethos may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
  • Opt-Out of Agreement to Arbitrate. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at contact@reskinethos.com, and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with RE: Skin Ethos through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, RE: Skin Ethos also will not be bound by them.

    11. AFFILIATES AND LINKS TO THIRD PARTY WEBSITES

    The Services contain, or may contain, links to other third-party sites. RE: Skin Ethos makes no representations whatsoever about any other web sites which you may access through the Services. When you leave the Services, please understand that RE: Skin Ethos has no control over the content on that web site. In addition, a link to a non- RE: Skin Ethos web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site. RE: Skin Ethos makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.

     

    CONTACT US

    We welcome your questions and comments about these Terms. You may contact us anytime via email at contact@reskinethos.com.