THE BASE Moisturizer by SkinThera® · Daily Moisturizer, Non Comedogenic, Anti-Aging, Smooth, Compare to Clinque, Edelweiss Extract, Barley

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Privacy policy

Last Updated: .
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN
BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE
CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.
IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Skinthera
(hereinafter " SkinThera"), a company duly organized and validly existing, located at 13209 Frankford Ave, Lubbock, Texas
79424. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (skinthera.com) is operated by SkinThera. Throughout the Site, the terms "we", "us" and "our" refer to SkinThera.
SkinTheraoffers this Site, including all information, tools and services available from this Site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following
terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any
additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree
to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use
any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most
current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these
Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence and you have given us your consent to allow any of
your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site,
violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any
reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or
legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site
or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any
way exploit any of the content, in whole or in part, found on the Site. SkinTheracontent is not for resale. Use of the Site does
not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will
make no other use of the content without the express written permission of SkinThera and the copyright owner. You agree
that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of SkinThera or our licensors except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on the SkinThera Site. The terms "member," "membership," and
"account" all refer to this registration as a member on SkinThera's Site. If you are merely surfing or browsing through the Site
and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this
Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask you to create a password.
Because any activities that occur under your username or password are your responsibility it is important for you to keep your
username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You
acknowledge that SkinThera is not responsible for third party access to your account that results from theft or
misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or
password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data
registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and
completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Skinthera will have sufficient
grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any
and all current or future use of Skinthera Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data,
photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted,
is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely
responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the
SkinThera Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly
understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions
in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed,
transmitted or otherwise made available by SkinThera.
Furthermore, you herein agree not to make use of Skinthera's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's
privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any SkinThera officials, forum leaders, guides or
hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to
any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent,
copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right
to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising,
promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been
designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other
computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other
users' ability to participate in any real time interactions;
j) interfering with or disrupting any SkintheraServices, servers and/or networks that may be connected or related to our
website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion
headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not
limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock
Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to
any organization delegated by the United States government as a "foreign terrorist organization" in accordance to
Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited
conduct and/or activities which have been set forth in the aforementioned paragraphs.
Skinthera herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In
addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would
otherwise be considered offensive to other visitors, users and/or members.
Skinthera herein reserves the right to access, preserve and/or disclose member account information and/or content if it is
requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Skinthera, its visitors, users and members, including the
general public.
Skinthera herein reserves the right to include the use of security components that may permit digital information or material to
be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by
Skinthera or any other content providers supplying content services to Skinthera. You are hereby prohibited from making any
attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in
whole or in part, is expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating
to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software,
technology and other technical data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that
you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which
may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services
to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end
uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in
violation of the U.S. or other applicable export and/or import laws.
SECTION 5 - SUBMITTED CONTENT
Skinthera shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content
available for inclusion on our website Services. Therefore, you hereby grant and allow for Skinthera the below listed
worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Skinthera's Sites, the
license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services is for the sole purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license shall be available so long as you are a member of
Skinthera's sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of
Skinthera's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific
area in which this content was placed and/or made available for viewing. This license shall be available so long as you
are a member of Skinthera's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Skinthera's sites,
the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and
the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Skinthera's Sites are those such areas of our network
properties which are meant to be available to the general public, and which would include message boards and groups that
are openly available to both users and members. However, those areas which are not open to the public, and thus available
to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Skinthera may provide an area for our user and members to contribute feedback to our website. When you submit ideas,
documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b ) SkinThera shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied,
related to any Contributions;
c) SkinThera shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may
see fit;
d) the contributor's Contributions shall automatically become the sole property of SkinThera; and
e ) SkinThera is under no obligation to either compensate or provide any form of reimbursement in any manner or
nature.
SECTION 6 - INDEMNITY
All users and/or members agree to insure and hold Skinthera, our subsidiaries, affiliates, agents, employees, officers, partners
and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney
fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify,
transmit or otherwise make available through our Services, the use of SkinThera Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason
any part, use of, or access to SkinThera's sites.
SECTION 8 - MODIFICATIONS
Skintherareserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or
permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to
any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As a member of skinthera.com, you may cancel or terminate your account, associated email address and/or access to our
Services by submitting a cancellation or termination request to .
As a member, you agree that Skinthera may, without any prior written notice, immediately suspend, terminate, discontinue
and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your skinthera.com account
Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for
cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of our Services.
The termination of your account with skinthera.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within skinthera.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated
with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either Skinthera or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree
that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are
we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party
sites or resources. Furthermore, you acknowledge and agree that Skinthera shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with
the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Skinthera's Services and any essential software that may be used in connection
with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual
property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in
any advertisements or information presented by and through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable
law or as authorized by Skinthera or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,
transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Skinthera Services (e.g.
Content or Software), in whole or part.
Skinthera hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object
code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter,
modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern
any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use
any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to
our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through
the interface which is provided by Skinthera for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF SKINTHERA SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES
AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SKINTHERA AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b ) SKINTHERA AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO SUCH WARRANTIES THAT (i) SKINTHERA SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) SKINTHERA SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SKINTHERA
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF
SKINTHERA SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,
DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY
YOU FROM SKINTHERA OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY
OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY
HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SKINTHERA AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR
ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT
SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to release Skinthera(and its officers, directors, employees, agents, parent
subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising
out of or in any way connected to such dispute.
SECTION 15 - NOTICE
Skinthera may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to
email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently
known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the
Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement
that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in
an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Skintheratrademarks, copyright, trade name, service marks,
and other Skintheralogos and any brand features, and/or product and service names are trademarks and as such, are and
shall remain the property of Skinthera. You herein agree not to display and/or use in any manner the Skintheralogo or marks
without obtaining Skinthera's prior written consent.
Skinthera will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to
appropriate circumstances and at its sole discretion, Skinthera may disable and/or terminate the accounts of any user who
violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that
would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you
should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright
owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful
and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on
the copyright or intellectual property owner's behalf.
The Skinthera agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Skinthera
Attn: Copyright Agent
13209 Frankford Ave
Lubbock, Texas 79424
Telephone: 4322948211
Email: jason@skinthera.com
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Skintheraand shall govern the use of our Services,
superseding any prior version of this Agreement between you and us with respect to Skinthera Services. You may also be
subject to additional terms and conditions that may apply when you use or purchase certain other Skinthera Services, affiliate
Services, third-party content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Skinthera with regard to the Agreement that the relationship between the parties
shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Skinthera,
shall be filed within the courts having jurisdiction within the County of Lubbock, Texas or the U.S. District Court located in said
state. You and Skinthera agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Skinthera fail to exercise or enforce any right or provision of the Agreement, such failure shall not
constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents
within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out
of or related to the use of our Services or the Agreement must be filed within .1 year(s) after said claim or cause of action
arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement to Skinthera as follows:
Mailing Address:
Skinthera
13209 Frankford Ave
Lubbock, Texas 79424
Telephone: 4322948211
Email: jason@skinthera.com
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the
integrity and operation of our business and systems, we may access and disclose any information we consider necessary or
appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such
information is governed by the terms of our Privacy Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by SkinTherafrom our offices within the USA. If you access the Site from a
location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use SkinThera's
content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or
regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve
the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without
limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any
related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 26 - PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the Skinthera Online Privacy
Policy (see the full Privacy Policy at https://skinthera.com/policy). As a member, you herein consent to the collection and use
of the information provided, including the transfer of information within the United States and/or other countries for storage,
processing or use by Skinthera and/or our subsidiaries and affiliates.

ONLINE PRIVACY POLICY AGREEMENT
June 1, 2022
SkinThera ( SkinThera) values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and
use personal information from those who visit our website or make use of our online facilities and services, and what we will
and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with
SkinThera of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy
standards.
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with
the latest changes, we advise you to frequently visit this page. If at any point in time SkinThera decides to make use of any
personally identifiable information on file, in a manner vastly different from that which was stated when this information was
initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether
to permit the use of their information in this separate manner.
This Policy applies to SkinThera and any subsidiary company listed below, and it governs any and all data collection and
usage by us. Through the use of www.skinthera.com and any subsidiary website listed below, you are therefore consenting to
the data collection procedures expressed in this Policy.
Subsidiary Company: Subsidiary Website:
Chemkardash chemkardash.com
Please note that this Policy does not govern the collection and use of information by companies that SkinTheradoes not
control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review
its privacy policy before providing the site with information. It is highly recommended and suggested that you review the
privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites
garner, make use of and share the information collected.
Specifically, this Policy will inform you of the following
1. What personally identifiable information is collected from you through our website;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we
reserve the right not to register you as a user or provide you with any products or services. This website collects various
types of information, such as:
· Voluntarily provided information which may include your name, address, email address, billing and/or credit card
information etc. which may be used when you purchase products and/or services and to deliver the services you have
requested.
· Information automatically collected when visiting our website, which may include cookies, third party tracking
technologies and server logs.
In addition, SkinThera may have the occasion to collect non-personal anonymous demographic information, such as age,
gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or
type of operating system, which will assist us in providing and maintaining superior quality service.
SkinTheramay also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types
of services and products may be the most popular to customers or the general public.
Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of
surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose
for which it was requested, and any additional uses specifically provided for on this Policy.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
· To better understand your needs and provide you with the services you have requested;
· To fulfill our legitimate interest in improving our services and products;
· To send you promotional emails containing information we think you may like when we have your consent to do so;
· To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
· To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be
determined based upon the following criteria: the length of time your personal information remains relevant; the length of time
it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within
which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or
associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such
information as stated in this Policy.
Use of Information Collected
SkinThera does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.
SkinThera may collect and may make use of personal information to assist in the operation of our website and to ensure
delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as
a means to keep you informed of other possible products and/or services that may be available to you from
www.skinthera.com and its subsidiaries.
SkinThera and its subsidiaries may also be in contact with you with regards to completing surveys and/or research
questionnaires related to your opinion of current or potential future services that may be offered.
Disclosure of Information
SkinThera may not use or disclose the information provided by you except under the following circumstances:
· as necessary to provide services or products you have ordered;
· in other ways described in this Policy or to which you have otherwise consented;
· in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
· as required by law, or in response to a subpoena or search warrant;
· to outside auditors who have agreed to keep the information confidential;
· as necessary to enforce the Terms of Service;
· as necessary to maintain, safeguard and preserve all the rights and property of SkinThera.
Non-Marketing Purposes
SkinThera greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing
purposes (such as bug alerts, security breaches, account issues, and/or changes in SkinThera products and services). In
certain circumstances, we may use our website, newspapers, or other public means to post a notice.
Children under the age of 13
SkinThera's website is not directed to, and does not knowingly collect personal identifiable information from, children under
the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of
thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's
database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone
under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or
newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to
jason@skinthera.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website
to unsubscribe or opt-out. SkinThera will continue to adhere to this Policy with respect to any personal information previously
collected.
Links to Other Websites
Our website does contain links to affiliate and other websites. SkinThera does not claim nor accept responsibility for any
privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be
aware when they leave our website and to read the privacy statements of every website that collects personally identifiable
information. This Privacy Policy Agreement applies only and solely to the information collected by our website.
Notice to European Union Users
SkinThera's operations are located primarily in the United States. If you provide information to us, the information will be
transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy
became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal
data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are
certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and
use as described in this Policy.
Your Rights as a Data Subject
Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data
Subject. These rights are as follows:
· The right to be informed: this means we must inform you of how we intend to use your personal data and we do this
through the terms of this Policy.
· The right of access: this means you have the right to request access to the data we hold about you and we must
respond to those requests within one month. You can do this by sending an email to jason@skinthera.com.
· The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to
have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.
· The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless
we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email
to jason@skinthera.com.
· The right to restrict processing: this means you can change your communication preferences or opt-out of certain
communications. You can do this by sending an email to jason@skinthera.com.
· The right of data portability: this means you can obtain and use the data we hold for your own purposes without
explanation. If you wish to request a copy of your information, contact us at jason@skinthera.com.
· The right to object: this means you can file a formal objection with us regarding our use of your information with
regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an
email to jason@skinthera.com.
In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal
information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will
contact you if your personal information is ever at risk. For more details regarding our security protections see the section
below or visit our website at www.skinthera.com.
Security
SkinThera takes precautions to protect your information. When you submit sensitive information via the website, your
information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that
information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar
and looking for "https" at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only
employees who need the information to perform a specific job (for example, billing or customer service) are granted access to
personally identifiable information. The computers and servers in which we store personally identifiable information are kept in
a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the
user's personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and
confidence in the internet and website use by providing simple and secure access and communication of credit card and
personal information. In addition, SkinThera is a licensee of TRUSTe. The website is also secured by VeriSign.
Acceptance of Terms
By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If
you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your
continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you
agree and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to
contact us at the following email, telephone number or mailing address.
Email: jason@skinthera.com
Telephone Number: 4322948211
Mailing Address:
SkinThera
13209 Frankford Ave
Lubbock, Texas
79424
The data controller responsible for your personal information for the purposes of GDPR compliance is:
Jason Young
jason@skinthera.com
4322948211
13209 Frankford Avenue
GDPR Disclosure:
If you answered "yes" to the question Does your website comply with the General Data Protection Regulation ("GDPR")? then the Privacy Policy above
includes language that is meant to account for such compliance. Nevertheless, in order to be fully compliant with GDPR regulations your company must
fulfill other requirements such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing agreement with any
third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR compliance; (iv) designate a representative based in the EU
under certain circumstances; and (v) have a protocol in place to handle a potential data breach. For more details on how to make sure your company is
fully compliant with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way responsible for determining
whether or not your company is in fact compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential
liability your company may face in relation to any GDPR compliance issues.
COPPA Compliance Disclosure:
This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not knowingly collect personal identifiable
information from them or allow others to do the same through your site. If this is not true for your website or online service and you do collect such
information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid violations
which could lead to law enforcement actions, including civil penalties.
In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as: (i) posting a privacy policy which describes
not only your practices, but also the practices of any others collecting personal information on your site or service — for example, plug-ins or ad networks;
(ii) include a prominent link to your privacy policy anywhere you collect personal information from children; (iii) include a description of parental rights (e.g.
that you won't require a child to disclose more information than is reasonably necessary, that they can review their child's personal information, direct you
to delete it, and refuse to allow any further collection or use of the child's information, and the procedures to exercise their rights); (iv) give parents "direct
notice" of your information practices before collecting information from their children; and (v) obtain the parents' "verifiable consent" before collecting, using
or disclosing personal information from a child. For more information on the definition of these terms and how to make sure your website or online service
is fully compliant with COPPA please visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-six-stepcompliance.
FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with COPPA and
takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any COPPA compliance
issues.