Terms of Use
These Terms of Use (“Terms”) govern your access to and use of our website (“Site”) made available to you by Skin Script, LLC. (“Skin Script,” “we,” “us,” or “our”), including but not limited to the any portals made available to you through our Site whether or not you complete a transaction with Skin Script.
By accessing or using the site, you agree to these terms, and our use of personal information in accordance with our privacy policy. If you do not agree with these terms or our privacy policy, do not access or use the site.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.
- Privacy Policy. We may collect certain information about you and about your use of the Site as described in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to our collection, use or disclosure of your Personal Information (as defined in our Privacy Policy) as set forth in the Privacy Policy, do not access or use the Site or send us Personal Information. In the event of conflict between these Terms and the Privacy Policy, the Privacy Policy shall control.
- Content. The Site, including text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) is exclusively the property of Skin Script or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, Skin Script reserves all other rights in and to the Site and Content, including all intellectual property rights.
- Use Rights. You may only use your Account, the Site and Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use your Account, the Site, and the Content for their intended purposes for which they are made available to you by Skin Script.
- Use of Marks. Skin Script owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Skin Script. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.
- Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Skin Script or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
- Copyright © 2023 Skin Script, LLC. all rights reserved
- Creating an Account. You have the option to create and use an account to access the esthetician’s portal made available through the Site (“Account”). You are responsible for all activities that occur under your Account while using the Site. You are responsible for keeping your password and any other verification information used to sign-in to your Account confidential. Do not share your Account or passwords with any other person. Each person using an Account must use their own separate log-in information. Do not access or attempt to access any Account that is not yours. If you believe that your Account has been compromised, you must immediately contact us. We may disable any account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Be careful when accessing your Account on a shared computer, public computer or over an unsecured connection because that increases the risk of fraudulent activity.
- Downloadable Content. We make certain images, posters, forms and other Content available for download via your Account (“Downloadable Content”) for your convenience. Your access and use of any Downloadable Content is subject to the following additional terms and conditions:
- Subject to your compliance with these Terms, we grant you a non-exclusive, royalty free, non-assignable, revocable license to download and use the Downloadable Content made available to you through the Site, solely for the purpose of advertising Skin Script products and services on your website, on social media pages, in brochures and in your establishments. If we request that you remove and/or delete any posting, display or use of Downloadable Content, in our sole discretion for any reason or no reason, you must immediately stop using and delete any such Downloadable Content.
- You are prohibited from modifying or creating derivatives of the Downloadable Content. You are prohibited from using Downloadable Content as part of a comparison of our products with competitive products.
- You are prohibited from using the Downloadable Content in any way that could disparage Skin Script or its products or services, or cause Skin Script to incur civil or criminal liability. You are prohibited from combining the Downloadable Content with any messages that are considered to be political, religious, sexual in nature, offensive, violent, racist, sexist, threatening, hate speech or anything similar. This includes using Downloadable Content on websites, social media pages or with an establishment that publicly expresses opinions regarding the foregoing messages. You are prohibited from expressing or implying that you make any statements or that your opinions and beliefs are those of Skin Script.
- The downloadable content, such as the intake forms, are not legal or medical advice. Skin Script does not make any representations or warranties that such forms or other Content are sufficient for your purposes or include all information you should be collecting.
- You agree that your failure to comply with these provisions about Downloadable Content will cause us irreparable harm, and we therefore may seek and secure injunctive or other equitable relief without the need to post bond or other security, and without having to prove actual damages. You agree to pay for all costs and expenses we incur to enforce the provisions related to Downloadable Content.
- Without limiting the general warranty disclaimers listed below, Downloadable Content is provided AS-IS and AS AVAILABLE, without any representations or warranties of any kind, express or implied, which we expressly disclaim, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title.
- Linking to the Site. If you operate another website and are interested in linking to our Site, you agree to the following rules: (1) the link must be a text-only link clearly marked; (2) the link, and use thereof, must be in connection with a website of appropriate subject matter that furthers the mission of Skin Script; (3) the link, and use of the link, may not (or have the potential to) damage or dilute the goodwill associated with Skin Script’ names and marks; (4) the link, and use of the link, may not create the false appearance that an entity other than Skin Script is associated with or sponsored by Skin Script; (5) the link, when activated by a user, must display this site full-screen and not within a “frame” on the linked website; and (6) Skin Script reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms or through other notice.
- You understand and agree that we would not have made Downloadable Content available to you, or permitted you to link to our Site, if you had not agreed in full without reservation to these additional provisions and the relevant indemnification provisions below. Therefore you agree to pay all costs and expenses that we incur to enforce these provision.
- Advertised Products. Advertised products available and offered by Skin Script on its Site may change at any time without notice to you. Some advertised products may not be available in certain areas. Nothing on the Site constitutes an offer, but an invitation for you to review and understand the products offered by Skin Script. While we make commercially reasonable efforts to display accurately our products on the Site, the appearance of some products may appear different on a computer screen than in real life.
- Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
- Children’s Information. This Site is not directed at children under the age of thirteen (13) years old. If you are under thirteen (13) years old, you must immediately stop using this Site. If you believe that your child has provided us with their Personal Information, without parent or guardian consent, please provide us with the relevant information (e.g., what information was provided, when, etc.), and we will make commercially reasonable efforts to delete such Personal Information from our records.
- Viruses. You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site. We are not liable for any virus you might receive from our Site or links on our Site, and you access our Site at your sole risk.
- Restrictions on Your Use of the Site.
- You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, decompile, or create derivative works of the Site, Content, or Downloadable Content without Skin Script’s prior written consent.
- You will not use the Site for unlawful purposes.
- You will not interfere with or induce a breach of the contractual relationships between Skin Script and its employees;
- You will not submit inaccurate, incomplete, or out-of-date information via your Account or the Site, commit fraud or falsify information in connection with your use of your Account or the Site.
- You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
- You will not access, use, or copy any portion of the Site, Content, or Downloadable Content through the use of indexing agents, spiders, scrapers, bots, web crawlers, deep-link, or other automated devices or mechanisms.
- You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
- You shall not access any Account of which you are not the authorized user.
- You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
- You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
- You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You may not engage in any conduct while using the Site that Skin Script considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, the Content, us, our mission, or any other person or entity, or that violates these Terms and/or applicable law.
- Payment. Purchases of products may be made by credit or debit card through the Site. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor.
- Feedback and Other Content Submitted By You. If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not Personal Information (“Feedback”), we may use such Feedback that you send us in our discretion and without attribution or compensation to you. If you elect to take any surveys or provide reviews regarding volunteering opportunities, you agree to only submit honest responses based on your actual experience. We reserve the right to delete any Feedback that violate this provision.
- You Consent To Receive Texts. You expressly agree that Skin Script may send you recurring text messages to the mobile phone number you provided, whether manually or using an automated telephone dialing system. You confirm that the mobile phone number you provided is owned and used solely by you (or the company you work for). You agree to promptly notify and update Skin Script when your mobile phone number changes. You are not required to consent to this Section in order to receive products or services from Skin Script and you can opt-out at any time. Message and data rates may apply.
- Our Posts on Social Media. Links to Skin Script’s social media pages (e.g., Facebook and Instagram) are included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Skin Script’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
- Your Posts on Social Media. We may or may not review content you and other third parties post on our Social Media Pages. We may remove anything posted on our Social Media Pages that we deem offensive, inappropriate or inconsistent with the vision of Skin Script. We may work with third-party service providers of the Social Media Pages to block users who are being offensive, abusive, disruptive or otherwise violating these Terms or applicable laws. We will treat all information posted to our Social Media pages as non-confidential.
- No warranty. The site and content, and all products provided through the site, are provided "as is," "As available," and without any warranty or condition of any kind. To the miximum extent permitted by applicable low, Skin Script expressly disclaims all warranties, covenants or conditions of any kind with respect to the site and content, and all services provided through the site, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties or conditions arising from statue, such as course of performance, course of dealing or usage in trade
- Skin Script makes commercially reasonable efforts to ensure that all content on the site is accurate and reliable, but neither accuracy nor reliability are guaranteed. Skin Script does not warrant or guarantee the quality, completeness, timeliness, or availability of the site or content. Skin Script does not warrant or guarantee that the site or content will be uninterrupted or error-free, that any defects in the site or content will be corrected, or that the site or the servers that make the site available are free of viruses or other harmful conditions or components.
- The laws of certain jurisdictions may not allow the exclusion or limitation of warranties, conditions, or limitations of liability. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.
- Without limiting the generality of the foregoing, we do not warrant or endorse any third-party content.
- Limitation of liability. To the maximum extent permitted by applicable law, in no event will Skin Script or its directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, attorneys or licensors, or its or their successors and assigns (together, “Skin Script party(ies)”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, arising out of or in connection with the site or content, or your access to or use of, or inability to access or use, the site or content, regardless of the form of action, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Skin Script party has express knowledge of the possibility of the loss or damage.
- Your sole and exclusive remedy is to stop accessing and using the site or content.
- Without limiting the foregoing, in no event will the aggregate liability of the skin script parties arising out of or in connection with the site or content, or your access to or use of, or inability to access or use, the site or content exceed one hundred ($100) U.S.D., even if any remedy provided fails of its essential purpose.
- The laws of certain jurisdictions do not allow the limitation of liability or certain damages. If these laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.
- Indemnification. You shall indemnify, defend and hold harmless the skin script parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees and other legal fees) that arise out of or in connection with (a) your violation of applicable laws, (b) your misuse of the site or any content, (c) your breach of these terms or any other terms on the site; (d) your participation in any Skin Script programs; and (e) your infringement or misappropriation of skin script's or any third party's intellectual property. we reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you (subject to your continuing indemnification obligations herein).
- Third-Party Websites and Content. The Site may link to, or be linked to, websites not maintained or controlled by Skin Script. Those links are provided as a convenience to the visitors of our Site. Skin Script is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. Skin Script does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Site, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party’s use of your Personal Information), not these Terms.
- The Site also contains certain third-party content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party content does not mean that Skin Script has reviewed the third-party content or that there is any association between Skin Script and any third party. You access third-party content at your sole risk. Skin Script has no responsibility for any third-party content. Nothing in these Terms grants you any rights to any third-party Content.
- Linking to the Site. You are prohibited from linking to these Site on your website or elsewhere without the prior express written consent of Skin Script. If Skin Script grants you a right to link to this Site, certain terms may apply, and Skin Script reserves the right to revoke such consent at any time. You are responsible for any costs incurred by Skin Script in enforcing its rights under this Section.
- Use in the United States. The Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk.
- The existence of this site or any content shall not be construed as Skin Script or the Skin Script parties offering such site or content to persons in jurisdictions where the provision of such site or content is prohibited by law.
- Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content (including terminating access to your Account). Skin Script may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. Skin Script shall not be liable to you or anyone else for any damages arising from or related to Skin Script’s suspension or termination of your access to your Account, the Site or the Content, or in the event Skin Script modifies, discontinues or restricts the availability of your Account, the Site or the Content (in whole or in part).
- Site Unavailability. Without limiting the generality of the previous section, the Site (including your Account) or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, pandemic, quarantine (or similar orders), COVID-19, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
- Cooperation with Law Enforcement. Skin Script will cooperate with law enforcement if you are suspected of having violated applicable laws. You waive and hold Skin Script and the Skin Script parties harmless for any cooperation with, or disclosure of your information to, law enforcement relating to your suspected violation of applicable laws.
- Governing Law. Unless otherwise required by applicable law, these Terms, and your access to and use of the Site, are governed by the laws of the State of Arizona, without regards to its conflict of laws principles. Unless otherwise required by applicable law, venue is exclusively in the state or federal courts, as applicable, located in Arizona. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one (1) year after the cause of action or claim arises.
- Terms Applicable to New Jersey Customers. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Skin Script reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Skin Script’s successors and assigns.
- Entire Agreement. These Terms, the Privacy Policy, and any terms posted throughout the Site (if any) are the entire agreement between you and Skin Script with respect to your access to and use of the Site and its Content. In the event of a conflict between these Terms and our Privacy Policy, our Privacy Policy will control.
- Waiver. Skin Script’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Skin Script.
- Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
- Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Skin Script may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
- Contact Us. Please direct any questions and concerns regarding these Terms to us at: Skin Script:
- Attn.: Privacy Department
- 6150 W. Chandler Blvd. Ste #28
- Chandler, AZ 85226
- 480-543-1121
- moc.xrtpircsniksobfsctd@ycavirp