These Terms of Use ("Terms of Use") govern the use of the mobile and internet-based services and business tools offered by True Skin Spa, LLC. ("True Skin," "we," "our," or "us") at and through the website thetrueskinspa.com (the "Site"), mobile App (the "App"), and related services we provide (the Site, App, and related services are collectively referred to as the "True Skin Services"). True Skin's Privacy Policy is located at LINK and further described below, as well as any subscription agreements related to the True Skin Services (each, a "Subscription") executed by you ("you" or "Professional") or accepted by you via email, online or in App. Any community guidelines that True Skin may provide are all considered part of these Terms of Use. These Terms of Use apply to any use of True Skin Services, whether in connection with a Subscription or free trial. Please read these Terms of Use carefully before using True Skin Services.

 

THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF TRUE SKIN SERVICES. BY ACCESSING OR USING TRUE SKIN SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THE TRUE SKIN SERVICES.

 

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, BEAUTY SERVICE PROVIDERS AND THEIR CLIENTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE MUNICIPALITIES, CITIES, COUNTIES, STATES, AND COUNTRIES. SOME STATES HAVE LAWS REGULATING COSMETOLOGY AND COSMETOLOGY-RELATED SERVICES, IN ADDITION TO PAYMENT AND PROCESSING COLLECTIONS PRACTICES. IN MANY STATES, BEAUTY SERVICES PROVIDERS MUST BE LICENSED BEFORE THEY CAN COMMERCIALLY PROVIDE BEAUTY SERVICES. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. BEAUTY SERVICE PROVIDERS AND THEIR CLIENTS SHOULD REVIEW LOCAL LAWS BEFORE PROVIDING BEAUTY SERVICES OR BUYING SERVICES ON TRUE SKIN.

 

True Skin Services, True Skin is a platform that powers the services and businesses of beauty and other professionals (collectively or individually, the "Professionals") and facilitates interaction with clients seeking such services and Professionals (collectively or separately, the "Clients"). Such Professionals and Clients are both users of True Skin Services and may be collectively or individually referred to herein as "Users."

 

1. CHANGES TO TERMS OF USE.

In our sole discretion, we reserve the right to change, modify, add, or remove portions of the Terms of Use at any time, so we encourage you to review the Terms of Use periodically.

 

2. PRIVACY POLICY

Our Privacy Policy describes our practices concerning personal information that you provide or that we may obtain in connection with True Skin Services. By accepting these Terms of Use and using the True Skin Services, you consent to the collection, use, sharing, transfer, and other processing of your personal information by True Skin as described in our Privacy Policy.

 

3. PAYMENTS POLICY

Our Payments Policy describes our practices regarding refunds that we may provide in connection with True Skin Services. Accepting these Terms of Use and using True Skin Services, you consent to the terms of our Payments Policy.

 

4. TRUE SKIN ACCOUNT

Your True Skin account gives you access to the True Skin Services that we may establish and maintain from time to time and at our sole discretion. You may never use another User's Account without permission. When creating your Account and/or using True Skin Services, you must provide accurate, complete, and appropriate information. You additionally acknowledge and agree that you will not intentionally omit and/or misrepresent any facts or material information and that if there are any such occurrences of knowingly omitted and/or misrepresented facts or data, you will promptly rectify them. You consent that True Skin has the right to verify any such information you submit. True Skin has the right to suspend or terminate any User that provides incomplete, inaccurate, or untrue information. You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Account. You must notify True Skin immediately by email at info.trueskinspa@gmail.com of any unauthorized use of your Account. You understand and agree that you are solely responsible for compliance with any applicable laws, rules, regulations, and tax obligations that may apply to your use of True Skin Services and your True Skin account, including all products and services you may provide or make available through our Site and App.

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When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

2. All personal information you provide to us through your account is up to date, accurate, and truthful, and you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

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5. TRUE SKIN PROGRAMS

True Skin may run specific promotions, programs, opportunities, sweepstakes, contests, and giveaways ("True Skin Programs"). True Skin reserves the right to, at any time and in its sole discretion, modify, change, add to, take away from, supplement, or delete any of these True Skin Programs. This includes, but is not limited to, changing the name, offers, fees, and/or eligibility requirements for participation in any True Skin Program. True Skin will seek to notify you of any material changes to the True Skin Programs by email but will not be liable for any failure to do so. Any of the True Skin Programs are subject to the same terms and conditions outlined in these Terms of Use unless explicitly communicated otherwise.

If you provide feedback, suggestions, or any information related to True Skin Services, you acknowledge and agree that we can use them without restriction and without any need to remunerate or otherwise compensate you for them.

The following Account and Payment Terms apply to Professionals.

 

6. TRUE SKIN PROFESSIONAL ACCOUNTS

In addition to the above information related to your True Skin Account as a User of the True Skin Services, You agree not to post any images containing written text or text overlays. Images may not have symbols or text images anywhere in the photo, including but not limited to shapes, logos, emoticons, etc. True Skin reserves the right to remove or hide or change any images without notice.

True Skin reserves the right to remove or reclaim any such account information provided by you if we believe such information is offensive, inappropriate, unclear, or otherwise violates trademark rights and other third-party rights. You additionally confirm upon creating an account that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to do business by the states in which you operate. You may only use True Skin Services and your Account for business purposes in the fifty United States of America and the District of Columbia. This is applicable to US-based Users only, and international Users are required to comply with applicable international law. If you are a Professional creating an Account, you certify that you are, or if you are a salon, merchant or other business entity, you certify that all of your employees, independent contractors, or agents who are providing Services each are licensed professionals and that all business information provided to describe you or them is correct. In addition, you certify that you are duly licensed to provide the Services "in-home" or outside of your place of business should such Services be advertised as so.

Your True Skin account may not be used to send anything offensive, promote anything illegal, or harass anyone. True Skin accounts may not be used to promote and post pornographic and sexually explicit content, sell unlawful goods and services, or be used to send emails and messages that violate CAN-SPAM Laws. True Skin reserves the right to remove or reclaim any accounts offering these types of services and products or content, including escort services, mail-order bride/spouse finders, international marriage brokers, and other similar sites and services; hookup, swinger, or sexual encounters sites or services; pharmaceutical products; work from home, make money online, and lead generation opportunities; gambling services or products; credit repair and get out of debt opportunities, or selling "Likes" or followers for a social media platform.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to True Skin in the course of using the Service. By agreeing to these Terms, you agree not to use the True Skin email and text message capabilities to send spam or any communications to lists you don't have permission to use.

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7. FEES AND PAYMENTS

Fees for the Subscription ("Subscription Fees") are set forth herein, online, and/or in a separate Subscription agreement between you and True Skin. You agree to pay True Skin the Subscription Fees and any other applicable fees that are agreed to by you. All fees paid to True Skin are non-refundable and non-transferable, with the exception of those explicitly provided for in these Terms of Use. Unless otherwise stated, payments will be collected and must be paid for in advance of each billing period.

By accepting these Terms of Use, you authorize True Skin to confirm that the credit card account or any other payment method associated with your Account and used for True Skin Services is in good standing with a financial institution for the term of your use of the True Skin Services. True Skin maintains the authority to obtain credit reports or run other background inquiries to assess the Professional's eligibility to continue usage of the True Skin Services. All balances, fees, charges, and payments collected or paid in connection with True Skin Services are denominated in USD. Users of the True Skin Services are liable for any taxes (if applicable, including VAT), required to be paid on the True Skin Services provided for in this agreement.

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Billing Cycle

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Your Subscription to True Skin Services commences on the date that you sign up for a Subscription. Unless otherwise stated at the time of sign-up, each Subscription runs on a one-month cycle ("Subscription Period") and will automatically renew monthly until you notify True Skin via the True Skin Services or by email to support@thetrueskinspa.com of your decision to terminate or unless we otherwise terminate the Subscription. You will be billed on the monthly anniversary of the date during which your Subscription first began. For example, if your Subscription begins on April 29th, it will renew on May 29th, June 29th, and so on. If your Subscription begins on a date that is not present in every billing cycle (e.g. the 31st), you will be billed on the last day of every month. True Skin may change the timing of our billing and we reserve the right to modify the schedule at which you will be billed. The amount billed to you each month may vary due to promotional offers and/or changing your Subscription plan and you acknowledge these variations and authorize True Skin to bill you as necessary.

 

Subscription Pricing

 

True Skin reserves the right to adjust the Subscription pricing at any time and for any reason upon fourteen (14) days prior notice. Unless otherwise stated, any price change to the Subscription and your membership will be in effect on your next billing cycle. To continue to use True Skin Services, you must agree to any change in fees. If you do not agree to any change in fees, you must cancel your Account by following the appropriate cancellation policies or notifying support@thetrueskinspa.com. You acknowledge that True Skin reserves the right to garner feedback as to why you are canceling your Account.

 

Trials

 

True Skin may offer trial memberships for varying lengths which may include free or discounted access to the Subscription during the such trial period. True Skin reserves the right to end the availability of trial memberships at any time and for any reason. After the trial period, you acknowledge that your membership will automatically convert to a regular monthly Subscription at the provided price unless canceled at least 48 hours prior to the end of your trial period. You may cancel your Subscription by following the appropriate cancellation procedures within True Skin Services or contacting support@thetrueskinspa.com. You acknowledge that True Skin reserves the right to garner feedback as to why you are canceling your Account.

 

Subscription Cancellation

 

You may cancel your Subscription at any time. If you choose to cancel with more than 48 hours' notice prior to your next billing cycle, you will not be charged for the ensuing month of the Subscription. For any questions related to your individual billing cycle, please log onto your Account to view your billing cycle information or contact us at info.trueskinspa@gmail.com.

You acknowledge that you are ineligible for a pro-rated refund or any amount of the Subscription Fees paid for the then-current monthly subscription cycle at which you cancel. After canceling, you will only have access to True Skin Services through the end of your current billing cycle.

 

Other True Skin Fees

True Skin may offer services for an additional fee that may help Professionals grow their businesses and facilitate deeper connection and interaction between professionals and/her Clients.

 

8. PROPRIETARY RIGHTS

Except for any User Content (as defined in Section 9 below) as between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, titles,s, and interest in and to the True Skin Services, all the content (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), code, data, and materials thereon, the look and feel, design and organization of the True Skin Services, and the compilation of the content, code, data, and materials on the True Skin Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. By agreeing to these Terms of Use, you agree and certify that you will not imitate any part of the True Skin Services, including but not limited to the text, photographs, graphics, audio, visual, settings, controls, functionality, code, data, mechanisms, design, interactions or systems in place that the True Skin Services provide. Additionally, you agree that you shall not access True Skin Services in order to build a similar or competitive service. If you have done so or have been found to be complicit in doing so, True Skin is entitled to seek monetary damages, injunctive relief, and other remedies. You agree that any use of the True Skin  Services other than for a Professional is unlawful. Your use of the True Skin. Your use of True Skin Services does not grant you ownership of any content, code, data, or materials you may access on or through True Skin Services. The provision of the True Skin  Services does not transfer to you or any third party any rights, title, or interest in or to any True Skin or True Skin' licensors' intellectual property rights.

 

9. LIMITED LICENSE

Subject to these Terms of Use, True Skin grants you a non-transferable, non-exclusive, license to use the True Skin  Services in accordance with the Terms of Use. The rights granted to you in the Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign or distribute the True Skin Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the True Skin Services; (c) you shall not access the True Skin Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the True Skin Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the True Skin Services shall be subject to the terms of these Terms of Use. All trademarks, copyright, and other proprietary notices on the True Skin Services content must be retained on all copies thereof. By agreeing to these Terms of Use, you agree and certify that you will not imitate any part of the True Skin Services, including but not limited to the text, photographs, graphics, audio, visual, settings, controls, functionality, code, data, mechanisms, design, interactions or systems in place that the True Skin Services provide. Additionally, you agree that you shall not access True Skin Services in order to build a similar or competitive service. If you have done so or have been found to be complicit in doing so, True Skin is entitled to seek monetary damages, injunctive relief, and other remedies. You agree that True Skin is entitled to monetary damages equal to $20,000,000 or more if you or another entity you represent have been found to use the Platform for purposes of imitation or another competitive service. You agree that any use of the True Skin Services other than for a Professional is unlawful.

 

10. INTELLECTUAL PROPERTY LICENSE.

You grant True Skin a non-exclusive, transferable, perpetual sub-licensable, royalty-free, worldwide license to use any User Content that you display, post, or submit on or through the True Skin Services. In addition, you give us permission to use your name, profile picture, and other User Content in connection with the commercial or sponsored content served or enhanced by us or our third-party partners without any compensation to you. You agree that any part of the True Skin  Services, including but not limited to the text, photographs, graphics, audio, visual, settings, controls, functionality, code, data, mechanisms, design, interactions, or systems in place that the True Skin Services provide is the sole intellectual property of True Skin.

By permitting your image to be taken in connection with True Skin Services and/or uploading your image, you consent to the use of your likeness or image for any reason, including, but not limited to in connection with the commercial advertising and offering of the True Skin Services.

 

11. TRUE SKIN COMMUNICATIONS

By using True Skin Services, you expressly consent and agree to accept and receive communications from us, including via email, text message (SMS), calls, and push notifications to the cellular telephone number you provided to us. By consenting to be contacted by True Skin, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of True Skin, including but not limited to: operational and transactional communications concerning your Account, use of the True Skin Services, and appointments; updates concerning new and existing features on the Site or App; promotional communications, including communications about special events, contests, sweepstakes, offers or surveys run by us or our third-party partners, and news concerning True Skin. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using True Skin Services. You may opt-out of receiving promotional or marketing texts or calls from True Skin at any time by contacting us as indicated below or, if applicable, following the instructions contained in the message.

In addition, if you may permit, through the permission systems used by your mobile device, that we access the names and contact information such as emails and phone numbers in the address book on your device so that we can communicate with your contacts about or in connection with the True Skin  Services, you represent that all such contacts have consented to receive informational and marketing email, text message (SMS) and calls from you.

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12. Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

 

12. REPRESENTATIONS AND WARRANTIES

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio, and video clips, links, and other content or materials (collectively, "User Content") that you display, post or submit on or through the True Skin Services. You represent and warrant that: (i) you own the User Content displayed, posted, or submitted by you on or through the True Skin  Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the display, posting, submission and use of your User Content on or through the True Skin Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you display, post or submit on or through the True Skin Services; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. True Skin  Services are not intended for use by minors under the age of 13. You represent and warrant that you are over the age of 13.

 

13. APP STORE PROVIDER TERMS

Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiaries to these Terms of Use if you access the True Skin  Services using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third-party beneficiaries are not parties to this agreement and are not responsible for the provision or support of True Skin Services in any manner. Your access to True Skin  Services using mobile devices is subject to terms set forth in the applicable third-party beneficiary's terms of service. The following additional terms apply to your use of our App obtained through the Apple Store:

You will only use the application in connection with a device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application; In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple' sole warranty obligation to you will be to refund to you the purchase price, if any, of the application; You acknowledge and agree that True Skin , and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application; You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party's intellectual property rights, True Skin , and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and Both you and True Skin  acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.

 

14. INDEMNIFICATION

By using True Skin Services you acknowledge and agree that in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, we may rely on your representations and warranties contained herein. You agree to defend, indemnify, and hold True Skin, its affiliates and representatives, and each of their respective directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees and other costs of enforcing these Terms of Use, arising in any way from your use of the True Skin  Services or your breach or violation of the law, your representations and warranties, or of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of a such claim and to reimburse us for the reasonable costs and expenses thereof.

 

15. DISCLAIMER OF WARRANTIES

THE TRUE SKIN SERVICES, INCLUDING, WITHOUT LIMITATION, ALL FEATURES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE SITE AND APP, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE TRUE SKIN SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH THE SITE OR APP WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE TRUE SKIN SERVICES WILL MEET THE USER'S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE TRUE SKIN SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TRUE SKIN SPA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR APP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, INFORMATION, TEXT, IMAGES, OR OTHER CONTENT FROM THE SITE OR APP. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE OR APP AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE OR APP. UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE TRUE SKIN SERVICES FORM ANY RELATIONSHIP (OTHER THAN THE CONTRACTUAL RELATIONSHIP CREATED BY THESE TERMS OF USE), WHETHER IMPLIED OR EXPRESS, WITH TRUE SKIN. TRUE SKIN HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT CONTAINED ON THE SITE OR APP.

IT IS POSSIBLE FOR OTHER USERS OF THE TRUE SKIN SERVICES TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE TRUE SKIN SERVICES OR SERVICES, AND THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHER USERS OF THE TRUE SKIN SERVICES OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE TRUE SKIN SERVICES.

TRUE SKIN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF THE SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH THE USE OF THE TRUE SKIN  SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.

 

16. LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TRUE SKIN, ANY OF ITS AFFILIATES OR REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE TRUE SKIN SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR APP. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE TRUE SKIN  SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO TRUE SKIN FOR YOUR USE OF THE TRUE SKIN SERVICES. IF YOU ARE DISSATISFIED WITH THE TRUE SKIN SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE TRUE SKIN  SERVICES.

TRUE SKIN  EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM THE USE OF THE TRUE SKIN  SERVICES. YOU AGREE THAT YOU WILL COMPLY WITH ALL LOCAL, STATE, AND FEDERAL LAWS AND REGULATIONS AS IT RELATES TO ACCESSING FEATURES OF THE TRUE SKIN SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OF AN ONLINE WEB PORTAL, MOBILE APPLICATION, PAYMENT PROCESSING, CLIENT COMMUNICATIONS AND ALL OTHER FEATURES ACCESSIBLE TO YOU THROUGH THE TRUE SKIN SERVICES. BECAUSE TRUE SKIN  IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE TRUE SKIN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.

 

17. TERMINATION

We may terminate, change, suspend or discontinue any aspect of the True Skin Services (including, without limitation, content, features, or hours of availability), at any time and for any reason. We also reserve the right to transfer our business and True Skin  Services to a third party. We may restrict, suspend or terminate your access to True Skin  Services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. If we have banned you from True Skin  Services, you may not return to True Skin  Services for any reason or in any manner. Once you have been banned from use of True Skin  Services, you may not thereafter use True Skin Services under a new username or identity. In the event that you do return, or attempt to return, to True Skin Services after you have been banned, you will be deemed to have breached these Terms of Use, and we reserve the right to obtain reimbursement from you for any costs and expenses incurred to enforce these Terms of Use and otherwise to pursue all rights and remedies available to it at law or in equity with respect to such breach.

If your Account is terminated, note that the following will occur: any pending transactions will be canceled, and any funds that are being held for you in custody at the time of the termination, less any Fees, will be paid out according to your payout schedule, assuming all payout-related requirements have been fulfilled. Your funds may be held if there is a pending investigation at the time of your Account termination. If the investigation yields that you are entitled to some or all of the funds in the dispute, we will promptly release those funds to you. Additionally, if your Subscription and/or Account is canceled, suspended, or terminated for any reason or for no reason at all, you agree that you will a) be bound by these Terms of Use, b) immediately stop using the True Skin Services, c) any licenses to any of the True Skin Services granted to you under these Terms of Use shall end and that d) True Skin will not be liable for any cessation of access to a third party platform or for deletion or hiding of your information or Account data. True Skin is not liable for any compensation, reimbursement, or damages in connection with your cessation of the True Skin  Services or in connection with your use of the True Skin  Services. Termination of the True Skin  Services does not relieve you of any obligations to pay or debts of any Fees or costs accrued in connection with the use of the True Skin  Services.

 

18. DISPUTE RESOLUTION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and True Skin arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of our True Skin Services. YOU AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND True Skin ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND True SkinAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA"), as modified by this Section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you, and True Skin must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions, and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.

 

19. REFERRAL PROGRAM POLICY

Our Referral Program Policy describes the terms and conditions governing True Skin's Referral Program. By accepting these Terms of Use or by participating in the True Skin Referral Program, you consent to the terms of our Referral Program Policy.

 

20. GIFT CARDS

If you, the Professional, sell and offer gift cards to your Buyers or Clients through True Skin, you (and not True Skin) are the issuer and administrator of your gift cards. You are solely responsible for compliance with federal, state, and local laws that apply to your gift cards, including but not limited to notice and disclosure requirements, expiration dates and fees, refunds, cash back, unclaimed property or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for your Clients, Buyers, and holders of gift cards.

Gift cards sold by you are gift cards that are only redeemable from you for your services and goods. True Skin does not assess a fee on the redemption of a gift card to purchase services or goods from you, and you may not assess or impose any fees or charges on the issuance, maintenance, or redemption of gift cards. You may not impose an expiration date on gift cards and any unused balance of a gift card must remain available to the holder of the gift card until fully redeemed, even if your True Skin Account is closed, suspended, or terminated. You may not provide a cash refund or cash back on gift cards except to the extent required by applicable law. If a purchase exceeds the holder's gift card balance, the holder must pay the remaining amount with another payment method. True Skin is not responsible for any lost or stolen gift cards. All gift cards and the funds associated with gift cards are your sole property. Any liability for the use or misuse of your gift cards, and any third-party claims arising from or relating to your gift cards, are your sole responsibility.

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21.  Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods are available on our Site:

• Skin Care Products.

The following services are available on our Site:

• Skin Care Services.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

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Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• Standard Delivery By post. Delivery takes 5 - 7 business days..

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

Refunds for Goods

Refund requests must be made within 10 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

• Good is broken;

• Good does not match the description;

• Good is the wrong size; or

• Purchaser changed their mind.

Refunds do not apply to the following goods:

• All sales on skin care products are final.

Refunds for Services

We provide refunds for services sold on our Site as follows:

• The Service will be fully refunded if the services are canceled at least 48 hours before the services were scheduled to be provided.

Returns

Returns can be made in person at the following location(s): At True Skin Spa.

 

21. ENTIRE AGREEMENT

These Terms of Use (including the Privacy Policy and Payments Policy) constitute the entire agreement between you and us regarding the use of True Skin Services. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with True Skin is that of an independent contractor, and neither party is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without True Skin' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Use shall be binding upon assignees.

 

22. MISCELLANEOUS

The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America, without regard to conflict of law provisions. With respect to any disputes or claims not subject to arbitration (as set forth in Section 15 above), you agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York, in the United States of America. You agree to submit to the personal and exclusive jurisdiction of such courts. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Terms of Use remain in full force and effect.

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23. Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

 

24. Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

 

23. QUESTIONS

If you have questions about these Terms of Use, please email us at info.trueskinspa@gmail.com.