TERMS OF SERVICE

Last Updated: 11/01/2017

Welcome to the VENNskincare.com website (the “Site”). The Site is owned by Venn Skincare, Inc. (“VENN”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (www.vennskincare.com/privacy) (“Privacy Policy”) carefully because they govern your use of our Site and applies to your purchase of products from VENN (each a “Product”) via the Site. To make these Terms easier to read, the Site and our services are collectively called the “Services.”

1. Agreement to Terms.

By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

2. Privacy Policy.

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND VENN THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

3. Changes to Terms or Services.

We may update the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the updated Terms on the Site or through other communications. It is important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, then, except as otherwise provided in Section 16(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with VENN and are not barred from using the Services under applicable law.

(b) Registration and Your Information. If you want to use certain features of the Services, you will have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option, we will create your Account by extracting from your SNS Account certain personal information such as your name and e-mail address and other personal information that your privacy settings on the SNS Account permit us to access.

(c) Accuracy of Account Information. It is important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. If you do not, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone, and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

5. Feedback.

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by e-mailing us at care@vennskincare.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

6. Product Purchasing and Return Policy.

(a) Ordering and Payment. When you place an order for any Products via the Services, you agree (i) that VENN may charge the credit card, debit card, or other payment method you have chosen for your purchase verification, pre-authorization, and payment purposes for the total amount of your order (including any applicable taxes, shipping, and handling fees) directly or through a third-party payment processor; and (ii) to bear any additional charges that your bank or other financial service provider may levy on you.  When your order is accepted by VENN, we will send you an e-mail which will include details of your order and an order number that you should refer to if you have any questions regarding your order.

(b) Reservation of Rights.  We reserve the right to not process or reject your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances VENN deems appropriate in its sole discretion. We may also limit the order quantity, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason. VENN also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order.  

(c) Prices and Taxes.  All prices displayed via the Services are in U.S. dollars and are subject to change at any time without notice. The prices displayed do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at checkout before you place an order, and you are responsible for paying such charges and taxes to VENN. 

(d) Shipping.  We may not be able to deliver to all locations. Our Products are currently only available in the U.S.  You acknowledge and agree that all shipping dates in any communications from us (including as stated in these Terms) are estimates and subject to change. We do not represent or warrant that we will be able to ship the Product by the estimated date. You understand and agree that currently we are not able to commit to a fixed shipping or delivery date and you will be notified of updates to the same in accordance with the notice provisions of these Terms. In the event that a delay arises for any reason, foreseen or unforeseen, and the estimated shipment and/or release dates for the Product are not met, we will not be liable for any losses or damages that may occur due to the delay or cancellation of the Product, and we will not be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays or cancellations. Title to Products passes from VENN to you upon shipment from VENN’s facility. You are responsible for keeping us informed regarding the correct delivery address for the Product. 

(e) Return Policy.  If you purchased your Product directly from us via the Services, you may return the Product to us for a full refund within the fifteen (15) days following the date on which the Product is delivered to you by sending a notice thereof (the “Refund Notice”) to VENN via e-mail at care@vennskincare.com (with “Refund” in the subject line); provided that, the Product is in its original, unopened, unused, and undamaged condition. In your Refund Notice, please include: (i) your name (as it appears on you order) and (ii) your order number (found on the packing slip included in your package or in your confirmation e-mail). We will consider the condition of the Product being returned when making a refund and may reject your request if the Product is not in its original, unopened, unused, and undamaged condition. All Products that are returned to us become our property.

(f) Additional terms and conditions:

  • You may return the Product to the following address: Venn Skincare, Inc., 28936 Avenue Williams, Valencia, CA 91355.

  • Please include your original packing slip in the return package. If you do not have your original packing slip, please include a copy of your Refund Notice in the return package.

  • Shipping and handling charges are not refundable.

  • You are responsible for and must prepay all shipping charges to return the Product and you assume all risk of loss or damage to the Product while in transit to VENN.

  • Refunds will be processed and paid within fourteen (14) days of VENN’s receipt of the returned Product, barring any rejection as discussed above.  You will receive an e-mail confirmation once your return has been processed.  Your financial institution may take longer to reflect the transaction.

  • Only the Product purchased through our Site may be returned.

  • You may only purchase the Product for your personal use. You may not commercially resell any Product, but you may give the Product as a gift. These Terms apply to any gift recipient.

(g) Defective Products. If you receive a defective Product, please notify us immediately via e-mail at care@vennskincare.com (with “Defective” in the subject line). If VENN considers the Product to be defective, VENN will exchange the Product for the same item.

7. Content and Content Rights.

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

8. Content Ownership, Responsibility and Removal.

VENN does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, VENN and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

(a) Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant to VENN a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

(b) Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by VENN on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c) Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(d) Rights in Content Granted by VENN. Subject to your compliance with these Terms, VENN grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, download, view, copy, display, and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

9. General Prohibitions and VENN’s Enforcement Rights.

You agree not to do any of the following:

(a)  Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b)   Use, display, mirror, or frame the Services or any individual element within the Services, VENN’s name, any VENN trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without VENN’s express written consent;

(c) Access, tamper with, or use non-public areas of the Services, VENN’s computer systems, or the technical delivery systems of VENN’s providers;

(d) Attempt to probe, scan, or test the vulnerability of any VENN system or network or breach any security or authentication measures;

(e) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by VENN or any of VENN’s providers or any other third party (including another user) to protect the Services or Content;

(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by VENN or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters, or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a VENN trademark, logo URL, or product name without VENN’s express written consent;

(i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;

(l) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n) Impersonate or misrepresent your affiliation with any person or entity;

(o) Violate any applicable law or regulation; or

(p) Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Links to Third Party Websites or Resources.

The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

11. Termination.

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time through your account settings on our Site. Upon any termination, discontinuation, or cancellation of the Services or your Account, the following provisions will survive: Content Ownership, Warranty Disclaimers, Limitation of Liability, and Dispute Resolution for Consumers.

12. Limited Product Warranty and Disclaimers.

(a) Products. VENN allows the returns of Products you are not satisfied with and the exchanges of Products that are defective, as described above. This option to return/exchange Products is your sole and exclusive remedy for any unsatisfactory or defective products. In accordance with applicable law, VENN may require that you furnish proof of purchase details before allowing a return or exchange. VENN will have no obligation for any damages caused by (i) negligence or misuse or abuse of the Product; (ii) use of the Product other than in accordance with VENN’s published guidance; (iii) modifications or alterations to the Product made by a party other than VENN; (iv) use of the Product in combination with any third party products that have not been provided or recommended by VENN; or (v) damage to the Product caused by outside sources (except damages caused during shipping the Product to you initially from VENN).

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE RETURN PERIOD SPECIFIED ABOVE.  ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VENN OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.  This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

(b) Services and Content. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

(c) Nothing contained in the Site should be construed as medical advice or statement. The statements in the Site have not been evaluated by the Food and Drug Administration. The Products are not intended to diagnose, treat, cure, or prevent any disease.

13. Indemnity.

You will indemnify and hold harmless VENN and its officers, directors, employee, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

14. Limitation of Liability.

(a) NEITHER VENN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VENN OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(b) IN NO EVENT WILL VENN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT, OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO VENN FOR USE OF PRODUCTS OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO VENN, AS APPLICABLE.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VENN AND YOU.

15. Governing Law and Forum Choice.

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and VENN are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and VENN each waive any objection to jurisdiction and venue in such courts.

16. Dispute Resolution for Consumers. 

The following terms of “Dispute Resolution for Consumers” only apply if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

(b) Exceptions and Opt-out. As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by e-mail at care@vennskincare.com or by regular mail to 650 California St., FL 7, San Francisco, CA 94108 within thirty (30) days following the date you first agree to these Terms.

(c) Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at 650 California St., FL 7, San Francisco, CA 94108 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we will send such a letter to you at the e-mail address or street address that you provided.

(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).

(e) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. We will pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we will pay all of our attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(f) Effect of Changes on Arbitration. Notwithstanding the provisions of “Changes to Terms or Services” above, if VENN changes any of the terms of this “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by e-mail to care@vennskincare.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of VENN’s e-mail to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and VENN in accordance with the terms of this “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

17. General Terms.

(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between VENN and you regarding the Services, Products, and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between VENN and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without VENN’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. VENN may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(b) Notices. Any notices or other communications provided by VENN under these Terms, including those regarding modifications to these Terms, will be given: (i) via e-mail; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

(c) Waiver of Rights. VENN’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of VENN. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18. Contact Information.

If you have any questions about these Terms or the Services, please contact VENN at care@vennskincare.com.