TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY:
Welcome to www.lessmoreskin.com. These Terms of Use describe the terms and conditions applicable to your access and use of the website at www.lessmoreskin.com (the “Site”). This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your”, "Customer" or “User” hereinafter) and the Less More Skin, Inc. entity (referred to as “we”, “our”, “Less More Skin” or “lessmoreskin.com” hereinafter).
1. Application and Acceptance of the Terms
1.1 Your use of the Site and lessmoreskin.com’s services and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Site that lessmoreskin.com may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms.” By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least 16 years old) to form a binding contract with lessmoreskin.com, or (b) you are not permitted to receive any Services under the laws of local countries/regions, including the country/region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that lessmoreskin.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If lessmoreskin.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with lessmoreskin.com or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of lessmoreskin.com.
2. Provision of Services
2.1 You must register on the Site in order to access and use some Services. Further, lessmoreskin.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to users (“Users”) or subject to other conditions that lessmoreskin.com may impose at our discretion.
2.2 Some Services may be provided by lessmoreskin.com’s affiliates on behalf of lessmoreskin.com.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof, or the same type and extent of the Service or features and functions thereof, will be available for Users. lessmoreskin.com may, at our sole discretion, limit, deny, or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 lessmoreskin.com may launch, change, upgrade, impose conditions on, suspend, or stop any Services (or any features within the Services) without prior notice, except that in the case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
3. Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, republish, sell, distribute, or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases, or listings, etc., available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile, or otherwise use any Site Content for the purposes of operating a business that competes with lessmoreskin.com or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from lessmoreskin.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read lessmoreskin.com’s Privacy Policy, which governs the protection and use of personal information about Users in the possession of lessmoreskin.com and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3.4 lessmoreskin.com may allow Users to access content, products, or services offered by third parties through hyperlinks (in the form of word link, banners, channels, or otherwise), API, or otherwise to such third parties' websites. You are cautioned to read such websites' terms and conditions and/or privacy policies before using the Site. You acknowledge that lessmoreskin.com has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products, or services made available on such websites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of lessmoreskin.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of lessmoreskin.com’s feedback system, such as leaving positive feedback for yourself using secondary email accounts or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content, or material (“User Content”) on the Site or providing any User Content to lessmoreskin.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to lessmoreskin.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on lessmoreskin.com, advertising outside lessmoreskin.com, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services, and/or the business of the User. You confirm and warrant to lessmoreskin.com that you have all the rights, power, and authority necessary to grant the above license.
4. Transactions
4.1 Customers agree to provide all information and materials as may be reasonably required by lessmoreskin.com in connection with orders placed at lessmoreskin.com. lessmoreskin.com has the right to suspend or terminate any Customer’s account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.
4.2 Each User agrees that lessmoreskin.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any use or storage of any products purchased from lessmoreskin.com.
4.3 Less More Skin will maintain all applicable PCI DSS standards and protect all data provided by the cardholder.
4.4 When you make a purchase, you agree that the risk of loss transfers from Less More Skin to you from the moment our shipping carrier delivers your order to the destination provided in your purchase.
4.5 Customer agrees to rules and regulations around website promotions, discounts, bundles, and similar price offerings. Discounts and site-wide promotions are applicable to non-returned products only, and adjustments may be made retrospectively on transactions to correctly reflect the promotion earned in the event of order cancellation or returned products.
5. Limitation of Liability
5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SET FORTH HEREIN OR IN WARRANTIES ISSUED BY LESSMORESKIN.COM, THE PRODUCTS AND SERVICES PROVIDED BY LESSMORESKIN.COM ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND LESSMORESKIN.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, LESSMORESKIN.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, OR OTHERWISE OF THE CONTENT ON OR THROUGH THE SITES OR SERVICES.
5.3 IN NO EVENT SHALL LESSMORESKIN.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, DATA LOSS, OR OTHER INTANGIBLE LOSSES, EVEN IF LESSMORESKIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.4 IN NO EVENT SHALL LESSMORESKIN.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR USING THE SERVICES.
6. Indemnity
6.1 You agree to indemnify, defend, and hold harmless lessmoreskin.com, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to (a) your use of the Site or Services, (b) your User Content, (c) your violation of the Terms, or (d) your violation of any rights of another party.
7. Governing Law and Dispute Resolution
7.1 The Terms and any disputes arising from or related to the Site, Services, or Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law principles.
7.2 Any dispute, claim, or controversy arising out of or relating to the Terms or the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [City, State]. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
7.3 Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.
8. Miscellaneous
8.1 The Terms constitute the entire agreement between you and lessmoreskin.com regarding your use of the Site and Services, superseding any prior agreements between you and lessmoreskin.com.
8.2 If any provision of the Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
8.3 Any failure by lessmoreskin.com to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision.
8.4 You may not assign or transfer your rights under the Terms without lessmoreskin.com’s prior written consent. lessmoreskin.com may assign its rights and obligations under the Terms without restriction.
8.5 The section headings in the Terms are for convenience only and have no legal or contractual effect.