Welcome to vennskincare.com (the “Site”). The Site is owned and operated by Venn Skincare, Inc. (“VENN,” “we,” “us,” and “our”). These Terms of Service (the “Terms”) govern your access to and use of the Site, your purchase of products from VENN through the Site (each, a “Product”), and the related services, features, and programs we make available (collectively, the “Services”). Please read these Terms and our Privacy Policy carefully.
By accessing or using the Services, creating an account, placing an order, or participating in a feature, offer, or program that references these Terms, you agree to be bound by these Terms. If you do not agree, do not use the Services. Additional terms may apply to a particular feature, offer, promotion, or program. Those additional terms are incorporated into these Terms, and, if they conflict with these Terms, the additional terms control solely with respect to that feature, offer, promotion, or program. Unless the additional terms expressly state otherwise, they do not modify Section 18.
If you use the Services on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and “you” and “your” refer to that entity.
Our Privacy Policy explains how we collect, use, disclose, and otherwise process personal information and describes your privacy choices and rights. Your use of the Services is subject to the Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 18, YOU AND VENN AGREE THAT DISPUTES WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. SECTION 18 ALSO CONTAINS A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A PROCEDURE TO OPT OUT OF ARBITRATION WITHIN 30 DAYS. PLEASE REVIEW SECTION 18 CAREFULLY.
We may update these Terms from time to time on a prospective basis. The “Last Updated” date identifies the most recent revision. If a change is material, we will provide notice as required by applicable law. Updated Terms become effective when posted or on the date otherwise stated in the notice. By continuing to use the Services after the effective date, you agree to the updated Terms, except where applicable law requires additional affirmative consent. Changes to Section 18 are governed by Section 18(h).
An update to these Terms will not retroactively change the terms applicable to an order we already accepted, except as required or permitted by applicable law. We may modify, suspend, or discontinue all or part of the Services at any time, subject to applicable law and our obligations with respect to accepted orders.
(a) Eligibility. You may use the Services only if you are at least 18 years old, capable of forming a binding contract with VENN, and not prohibited from using the Services under applicable law.
(b) Accounts. Certain features may require you to create an account (“Account”). You agree to provide accurate, complete, and current information and to keep it updated. You may not create an Account using another person’s information without authorization.
(c) Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for activity conducted through your Account to the extent resulting from your failure to protect those credentials. Notify us promptly at care@vennskincare.com if you suspect unauthorized access. We may suspend or restrict an Account when reasonably necessary to protect you, VENN, other users, or the Services.
(d) Electronic Communications. You consent to receive transactional, administrative, security, and legal communications from us electronically, including by email or through the Services, to the extent permitted by law. To the extent permitted by law, electronic communications may have the same legal effect as communications in writing. Where applicable law requires additional consent or a different form of delivery, we will comply. This consent does not, by itself, constitute consent to receive marketing communications.
(e) Email Marketing. Where you subscribe to marketing emails or otherwise provide consent when required, we may send promotional emails in accordance with our Privacy Policy and the disclosures presented when you enroll. You may unsubscribe at any time using the unsubscribe link in a marketing email or by contacting care@vennskincare.com. We will process an unsubscribe request promptly and within the period required by applicable law. We may continue to send transactional, administrative, security, or other non-promotional emails relating to your Account, orders, or requested Services.
We welcome feedback, comments, and suggestions (“Feedback”). If you provide Feedback, you grant VENN a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license, with the right to sublicense, to use, reproduce, modify, create derivative works from, and otherwise exploit the Feedback for any lawful purpose without compensation or attribution.
(a) Orders and Acceptance. Submitting an order constitutes an offer to purchase the Products identified in the order. An automated order confirmation acknowledges receipt but does not constitute acceptance. We accept an order when we send a shipment confirmation or ship the Products, whichever occurs first. We may reject or cancel an order, limit quantities, or verify identity or payment information for reasons including Product unavailability, pricing or description errors, suspected fraud, unauthorized resale, payment failure, shipping restrictions, or legal requirements. If we cancel an order after payment has been collected, we will refund the amount paid for the cancelled portion.
(b) Payment; Prices; Errors. By submitting payment information, you represent that you are authorized to use the selected payment method and authorize VENN and its payment processors to charge that method when the order is placed for the total amount shown at checkout, including the price of the Products and any applicable taxes, shipping, and handling charges. You are responsible for charges imposed by your bank or payment provider. Prices are displayed in U.S. dollars unless checkout states otherwise and may change before purchase. We may correct pricing, description, availability, or calculation errors. If we discover an error after you place an order, we may cancel and refund the affected order or contact you to confirm whether you wish to proceed on the corrected terms.
(c) Personal Use and Resale. Products sold through the Site are for personal use or gifting only and may not be purchased for commercial resale without VENN’s prior written authorization. We may limit or cancel orders that appear to be placed for unauthorized resale.
(d) Shipping Destinations and Options. We ship only to destinations identified as eligible at checkout. The shipping methods, carriers, service levels, charges, and estimated processing and delivery timeframes available for a particular order are determined for that order and presented at checkout. They may vary based on the order, delivery address, Product availability, carrier availability, and other factors, and may change from time to time. The shipping information displayed and accepted at checkout when you submit an order governs that order.
(e) Complimentary Shipping. Subject to address eligibility and any exclusions disclosed at checkout, orders with a total value of $400 or more, as calculated at checkout, receive complimentary shipping. The applicable shipping method, carrier, service level, and estimated timeframe are determined for each order and presented at checkout. We may modify or discontinue this benefit prospectively, but the shipping charge displayed when you submit an order governs that order.
(f) Shipping Estimates and Delays. Any processing, shipment, or delivery date or timeframe displayed at checkout or otherwise communicated by us is an estimate only and is not guaranteed. Actual timing may be affected by order processing, Product availability, carrier performance, weekends, holidays, weather, address issues, service disruptions, and other circumstances. If we cannot ship within the timeframe presented at checkout or within any period otherwise required by applicable law, we will provide any notice, cancellation option, refund, or other remedy required by applicable law.
(g) Delivery Address, Title, and Risk of Loss. You are responsible for providing a complete and accurate delivery address. Our ability to change an address may be limited after an order enters processing. Except as otherwise required by law, title to and risk of loss for Products pass to you when the order is delivered to the delivery address you provided. We are not responsible for delay or non-delivery caused by an incorrect address or circumstances beyond our reasonable control, but this does not limit any non-waivable rights or remedies.
(h) Order Changes and Cancellations. Contact care@vennskincare.com promptly if you wish to change or cancel an order. We will try to accommodate the request, but we cannot guarantee that an order can be changed or cancelled after it has entered processing or shipped.
(i) Return Policy. If you purchased a Product directly through the Site, you may return it within thirty (30) days following delivery for a refund of the Product’s purchase price, provided that the Product is in its original, unopened, unused, and undamaged condition and original packaging. To initiate a return, email care@vennskincare.com with “Refund” in the subject line (a “Refund Notice”) and include your name as it appears on the order and your order number. Returns are subject to inspection, and we may reject a return that does not satisfy this policy. Once a return is accepted and refunded, the returned Product becomes our property. If we reject a return, we may offer to send the Product back at your expense, except as required by law.
(j) Return Instructions and Refunds. The following additional terms apply to returns and refunds:
(k) Defective, Damaged, or Incorrect Products. If you receive a Product that is defective, damaged in transit, or different from the Product ordered, notify us promptly at care@vennskincare.com with your order number and relevant details or photographs if reasonably requested. If we confirm the issue, we may replace the Product or provide a refund and will cover reasonable return shipping. Nothing in this subsection limits any rights or remedies available under applicable law.
(a) Enrollment and Consent. If you provide your mobile phone number and affirmatively opt in through checkout, a sign-up form, or another enrollment method, you agree to this Section 7 and consent to receive recurring automated marketing text messages from Venn Skincare, Inc. at the number provided. Messages may include promotions, product launches, back-in-stock notifications, personalized offers, and cart reminders and may be sent using an automatic telephone dialing system or other automated technology. Consent to receive marketing text messages is not a condition of any purchase. You represent that you are a United States resident who is at least 18 years old and that you are the subscriber, customary user, or otherwise authorized user of the mobile number provided.
(b) Message Frequency. Message frequency varies based on your interactions with us and the features of the program.
(c) Cost. Message and data rates may apply. Any such charges are billed by and payable to your mobile service provider. VENN is not responsible for carrier message or data charges.
(d) Opt-Out and Revocation. You may revoke consent and cancel marketing text messages at any time by replying STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to the number from which you received a message. You may also use any other reasonable method that clearly communicates your request, including emailing care@vennskincare.com or calling (888) 418-4302. We will honor an opt-out request as soon as practicable and no later than ten (10) business days after receipt. We may send one non-marketing text message confirming the opt-out. After the opt-out is processed, you will no longer receive marketing text messages unless you enroll again. Opting out of text messages does not unsubscribe you from marketing emails; you may use the unsubscribe link in a marketing email to opt out of email marketing. Opting out of marketing messages does not prevent us from sending transactional or service-related messages that you separately request or that are otherwise permitted by law.
(e) Help. For help, reply HELP to the number from which you received a message, email care@vennskincare.com, or call (888) 418-4302.
(f) Carriers and Delivery. Delivery of text messages is subject to effective transmission by your mobile carrier and is not guaranteed. The program may not be available on all carriers, devices, or service areas. Carriers are not liable for delayed or undelivered messages.
(g) Mobile Number Changes. You agree to notify us promptly if you change, deactivate, or relinquish the mobile number enrolled in the program and to opt out before transferring the number to another person. We will process notice as promptly as practicable; prompt notice helps prevent messages from being sent to a person who later receives the number.
(h) Privacy. We handle information associated with the program in accordance with our Privacy Policy. We do not sell or disclose mobile information, including text messaging originator opt-in data and consent, to third parties or affiliates for their own marketing or promotional purposes. We may disclose mobile information to service providers that support the program, including messaging platforms and telecommunications carriers, solely to provide those services, and as required by law.
(i) Changes or Termination. We may modify, suspend, or terminate the program or this Section 7 at any time. If a change is material, we will provide notice as required by applicable law. Continued participation after the effective date constitutes acceptance of updated terms only to the extent permitted by law; a change that requires new consent will not take effect based solely on continued participation. You may opt out at any time as described above.
(a) Additional Terms. From time to time, VENN may offer promotions, discount codes, gifts, samples, welcome offers, referral benefits, birthday benefits, VENN Circle, or other loyalty or rewards programs (collectively, “Offers and Programs”). An Offer or Program may be subject to additional eligibility requirements, deadlines, limitations, or terms presented at enrollment or with the offer. Those additional terms are incorporated into these Terms and control with respect to the applicable Offer or Program if there is a conflict.
(b) General Conditions. Unless the applicable terms state otherwise, Offers and Programs are personal to the eligible recipient, non-transferable, not redeemable for cash, and may not be combined. They may be limited by date, location, customer, Account, Product, order value, sales channel, inventory, or quantity. A promotional code must be entered before an order is submitted and cannot be applied retroactively unless we expressly agree. We may refuse, reverse, or cancel benefits obtained through error, fraud, abuse, duplicate Accounts, circumvention of limits, or unauthorized resale, subject to applicable law.
(c) Rewards and Points. Points, rewards, credits, and benefits have no cash value and do not constitute property except as required by law. The ways they are earned, redeemed, adjusted, forfeited, or expired are governed by the applicable program terms. Returns and cancellations may cause associated points, rewards, or benefits to be reversed. We may modify, suspend, or terminate an Offer or Program prospectively, subject to applicable law and any notice required by the applicable terms.
(d) Review Incentives. If VENN offers an incentive for submitting a review, the incentive is for submitting an honest review and is not conditioned, expressly or implicitly, on the review expressing a positive or negative sentiment. You must clearly disclose any incentive or other material connection to VENN unless the platform clearly and automatically makes that connection apparent.
(e) Privacy and Withdrawal. Participation is voluntary. Our Privacy Policy and any notice provided at enrollment describe how personal information is processed in connection with Offers and Programs, including any financial incentive or price or service difference. You may withdraw as described in the applicable program terms or by contacting us. Withdrawal may result in the loss of unused points, rewards, or benefits, subject to applicable law and the program terms.
For purposes of these Terms, “Content” means text, graphics, images, photographs, audio, video, software, data, designs, product information, and other materials made available through the Services. “User Content” means reviews, photographs, comments, questions, answers, and other Content that you submit through the Services for publication, display, or interaction with other users. Content includes User Content unless the context indicates otherwise.
(a) Ownership. VENN does not claim ownership of your User Content. Subject to the rights you grant below, you retain any ownership rights you have in User Content. VENN and its licensors exclusively own all right, title, and interest in and to the Services and all Content other than User Content, including associated intellectual property rights. The Services and Content are protected by copyright, trademark, trade dress, and other laws. You may not remove, alter, or obscure proprietary-rights notices.
(b) License to User Content. By making User Content available through the Services, you grant VENN a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to host, store, reproduce, format, adapt, publish, translate, distribute, publicly display, publicly perform, and otherwise use the User Content in connection with operating, improving, and promoting VENN and the Services, subject to applicable law and our Privacy Policy. If your User Content includes your name, username, image, voice, or likeness, the license includes permission to use those elements with the User Content for the same purposes. We may make formatting or length edits but will not materially alter the meaning of a review. No compensation is owed unless we separately agree in writing.
(c) Responsibility; Honest Reviews. You are solely responsible for your User Content. You represent and warrant that you own the User Content or have all rights necessary to grant the license above, and that the User Content and our permitted use of it will not infringe, misappropriate, or violate any person’s intellectual property, privacy, publicity, or other rights or any applicable law. Reviews and testimonials must reflect genuine experiences and honest opinions, and any material connection to VENN, including employment, family relationships, free Products, discounts, points, or other incentives, must be disclosed clearly when required. Nothing in these Terms prohibits or penalizes an honest review, including a negative review, or any other conduct protected by applicable law.
(d) Moderation and Removal. We may decline to publish, remove, or disable User Content based on neutral criteria applied without regard to whether a review is positive or negative, including where content is fake, fraudulent, irrelevant, duplicative, unlawful, threatening, harassing, obscene, contains personal information, relates to a different Product or business, presents a conflict of interest, or otherwise violates these Terms. We will not suppress a genuine review solely because it is negative. You may be able to delete certain User Content through the Services or by contacting us. Removal may not immediately delete copies from backups, records maintained for legal or security purposes, or materials already created or distributed as permitted under these Terms.
(e) License from VENN. Subject to your compliance with these Terms, VENN grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and print Content solely for your personal, non-commercial use of the Services
You agree not to do, attempt, encourage, or enable any of the following:
(a) Post, upload, publish, submit, or transmit User Content that is unlawful, fraudulent, false, misleading, defamatory, obscene, threatening, discriminatory, harassing, violent, harmful, infringing, or that otherwise violates another person’s rights or applicable law.
(b) Submit, procure, purchase, sell, or facilitate fake or deceptive reviews, testimonials, endorsements, or indicators of social media influence; misrepresent an actual experience; fail to disclose a material connection when required; or manipulate ratings or review results.
(c) Impersonate another person or entity or misrepresent your identity, affiliation, authority, or the source of any communication.
(d) Use the Services or Content for unauthorized commercial purposes, unauthorized resale, promotion abuse, or the benefit of a third party.
(e) Use, display, mirror, frame, copy, reproduce, or exploit the Services, VENN’s name, trademarks, logos, product names, page layouts, designs, or other proprietary information without VENN’s prior written consent.
(f) Access or use non-public areas of the Services, VENN’s systems, or the systems of our providers, or probe, scan, test, or breach any security or authentication measure.
(g) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent a technological measure used to protect the Services or Content, or decipher, decompile, disassemble, or reverse engineer software used to provide the Services, except to the limited extent a restriction is prohibited by law.
(h) Use a robot, spider, crawler, scraper, data-mining tool, or other automated means to access, search, extract, or download the Services or Content, other than ordinary web browsers or generally available public search engines acting in accordance with our instructions; or use the Services or Content to train, develop, or improve an artificial-intelligence or machine-learning model without VENN’s prior written consent.
(i) Interfere with or disrupt the Services or another user’s access, including by transmitting malware, overloading, flooding, spamming, or launching a denial-of-service attack.
(j) Collect, harvest, or store personal information about another user without that person’s authorization and a lawful basis.
(k) Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or other solicitations, or use false or misleading source-identifying information or metadata.
(l) Violate any applicable law or regulation or another person’s legal rights.
Although we are not obligated to monitor the Services or Content, we may do so to operate and protect the Services, enforce these Terms, and comply with law. We may investigate suspected violations, remove or disable access to Content in accordance with Section 10(d), suspend or terminate access, preserve information, and cooperate with law enforcement or other authorities where appropriate.
The Services may contain links to, integrations with, or content from third-party websites, applications, payment processors, social networks, or other services. Third-party services are governed by their own terms and privacy policies. VENN does not control and is not responsible for their content, products, services, availability, security, or practices. Your use of a third-party service is at your own risk, subject to applicable law.
You may stop using the Services or request cancellation of your Account at any time by using available Account settings or contacting us. We may suspend or terminate access to the Services or an Account where reasonably necessary because of a violation of these Terms, suspected fraud or security risk, misuse of the Services, legal requirements, discontinuation of a feature, or other legitimate business reasons, subject to applicable law. Termination of an Account does not automatically cancel an order we have accepted; an order must be cancelled under Section 6(h).
Upon termination, the rights granted to you under these Terms end. Provisions that by their nature should survive will survive, including provisions concerning ownership, licenses already granted, payment obligations, Offers and Programs adjustments, warranty disclaimers, indemnity, limitations of liability, dispute resolution, and general terms.
(a) Product Information. We make reasonable efforts to describe and display Products accurately. However, colors and appearance may vary by device, and packaging, size, ingredients, formulations, availability, and other Product details may change or contain inadvertent errors. Review the actual Product label, ingredient list, directions, and warnings received with the Product before use; they control if they differ from general Site Content. If you have known allergies or sensitivities, review the ingredient list and consult an appropriate professional before use. For any Product regulated as an over-the-counter drug, follow the Drug Facts label, which controls with respect to uses, directions, and warnings.
(b) Individual Results and Health Disclaimer. Individual results vary, and clinical study results, consumer perception results, testimonials, reviews, before-and-after images, and other experiences do not guarantee that you will obtain the same results. Content is provided for general educational and informational purposes and is not medical advice or a substitute for diagnosis or treatment by a qualified healthcare professional. Use Products only as directed, discontinue use and seek appropriate advice if irritation or another adverse reaction occurs, and seek medical advice regarding a medical condition. Except for a Product specifically labeled and lawfully marketed as an over-the-counter drug for its stated uses, Products are not intended to diagnose, treat, cure, or prevent any disease.
(c) Product Warranties and Statutory Rights. Nothing in these Terms excludes, restricts, or modifies any express or implied warranty, remedy, or consumer right that cannot lawfully be excluded, restricted, or modified. Products are subject to applicable warranties and to any affirmation of fact or written warranty that creates an express warranty under applicable law. Except for those warranties, VENN does not provide any additional contractual warranty concerning a Product. To the maximum extent permitted by law, any other implied warranties or conditions are disclaimed; however, this disclaimer does not apply where an implied warranty or condition cannot be disclaimed or limited. For purchases governed by California law, applicable implied warranties are not disclaimed and will have the duration required by California law. No oral or written advice creates an additional warranty unless expressly identified as a warranty by an authorized representative of VENN.
(d) Services and Content. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. VENN DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. VENN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT WILL BE COMPLETE, ACCURATE, OR CURRENT. THESE DISCLAIMERS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
To the extent permitted by law, you will indemnify, defend, and hold harmless VENN and its officers, directors, employees, agents, affiliates, successors, and assigns from and against third-party claims, liabilities, damages, judgments, losses, and reasonable costs and expenses, including attorneys’ fees, arising out of or relating to: (i) your User Content; (ii) your unlawful or unauthorized use of the Services or Content; (iii) your violation of these Terms; or (iv) your violation of another person’s rights. VENN may assume control of the defense of a matter subject to indemnification, and you agree to cooperate. You may not settle a claim in a manner that imposes liability, admission, or obligation on VENN without VENN’s prior written consent.
(a) Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUES, SAVINGS, BUSINESS OPPORTUNITY, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, CONTENT, OR PRODUCTS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENN’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, CONTENT, OR PRODUCTS WILL NOT EXCEED THE GREATER OF: (i) THE AMOUNT YOU PAID TO VENN FOR THE PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (ii) ONE HUNDRED U.S. DOLLARS ($100).
(c) Non-Waivable Liability. The exclusions and limitations above do not apply to VENN’s fraud, gross negligence, or willful misconduct; death or personal injury caused by VENN to the extent liability cannot be limited; an obligation to provide a refund or replacement required by these Terms or law; or any other liability, warranty, remedy, or consumer right that cannot lawfully be excluded or limited. Some jurisdictions do not permit certain exclusions or limitations, so some provisions may not apply to you.
(d) Basis of the Bargain. The limitations in this Section are fundamental elements of the basis of the agreement between you and VENN and apply even if a limited remedy fails of its essential purpose, to the maximum extent permitted by law.
These Terms and any action related to them are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to conflict-of-laws principles. Except as provided in Section 18, any dispute that is not required to be arbitrated will be subject to the exclusive jurisdiction of the state courts located in Los Angeles County, California, and the federal courts located in the Central District of California, and each party consents to personal jurisdiction and venue in those courts. This choice of law and forum does not deprive a consumer of any mandatory protection available under the law of the consumer’s place of residence that cannot be waived by contract.
This Section applies only if you are an individual using the Services, Content, or Products for personal, family, or household purposes and are not acting on behalf of a legal entity. It is intended to be interpreted broadly and is governed by the Federal Arbitration Act.
(a) Informal Dispute Resolution. Before initiating arbitration, the party asserting a Dispute must send the other party an individualized written notice describing the Dispute (a “Notice of Dispute”). A notice to VENN must be sent by email to care@vennskincare.com with “Notice of Dispute” in the subject line or by mail to the address in Section 21. The Notice of Dispute must include the claimant’s full name, mailing address, email address, relevant Account or order information, a description of the facts and legal basis of the Dispute, and the relief requested. The parties will attempt in good faith to resolve the Dispute for sixty (60) days after receipt of the Notice of Dispute. Neither party may commence arbitration before that period ends. Any applicable limitations period will be tolled during the informal-resolution period to the extent permitted by law.
(b) Agreement to Arbitrate; Class and Jury Waivers. Except for the matters described in subsection (c), you and VENN agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, Content, Products, orders, payments, returns, Offers and Programs, marketing or other communications, or your relationship with VENN (collectively, “Disputes”) will be resolved exclusively by binding, individual arbitration and not in a class, representative, collective, or consolidated action or proceeding. A court will decide any dispute concerning whether you and VENN formed an agreement to arbitrate and any question concerning the enforceability of the class, representative, collective, or consolidated action waiver. Subject to those matters, the arbitrator will have exclusive authority to resolve disputes concerning the interpretation, applicability, scope, or enforceability of this arbitration agreement. If a Dispute proceeds in court rather than arbitration, YOU AND VENN EACH WAIVE ANY RIGHT TO A JURY TRIAL.
(c) Exceptions and Arbitration Opt-Out. Either party may: (i) bring an individual action in small claims court if the action qualifies and remains only in that court; (ii) seek injunctive or equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (iii) report a matter to, or seek relief available from, a government agency. Nothing in this Section waives a right to seek public injunctive relief where such a waiver is prohibited by applicable law. Any request for public injunctive relief that cannot lawfully be resolved in individual arbitration will be decided by a court of competent jurisdiction, and the court proceeding may be stayed while individual arbitrable claims are resolved to the extent permitted by law. You may opt out of this arbitration agreement by sending a written notice to care@vennskincare.com with “Arbitration Opt-Out” in the subject line or by mail to the address in Section 21 within thirty (30) days after you first become subject to this Section 18, including after accepting a materially revised version. The notice must include your full name, mailing address, email address associated with your Account or order, and a clear statement that you wish to opt out of arbitration. An arbitration opt-out affects only this arbitration agreement; the remaining Terms continue to apply.
(d) Arbitration Provider and Rules. After completing subsection (a), either party may initiate arbitration with the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules and Mediation Procedures in effect when the arbitration is filed (the “AAA Rules”), available on the AAA consumer rules page or by calling 1-800-778-7879. The initiating party must provide the other party with a copy of the arbitration demand. If AAA is unavailable or declines to administer the arbitration, the parties will attempt to select another nationally recognized arbitration provider. If they cannot agree, a court of competent jurisdiction may appoint an arbitrator under the Federal Arbitration Act.
(e) Procedure and Relief. The arbitration will be conducted by a single neutral arbitrator. It may proceed on written submissions, by telephone or videoconference, or in person in the county where you live or another mutually agreed location, consistent with the AAA Rules. The arbitrator may award the same individualized remedies that would be available in court, including attorneys’ fees and costs where authorized by law, but may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The arbitrator will issue a reasoned written decision, and judgment on the award may be entered in any court of competent jurisdiction.
(f) Arbitration Fees and Costs. Filing, administration, and arbitrator fees will be allocated under the AAA Rules and applicable Consumer Fee Schedule. A consumer will be responsible for no more than the consumer filing fee required by those rules, subject to any available waiver, and VENN will pay the remaining administrative fees and arbitrator compensation required from the business. Each party will otherwise bear its own attorneys’ fees and costs except as provided by applicable law, the AAA Rules, or the arbitrator’s award.
(g) Consumer Mass Arbitration. If AAA determines that a group of similar consumer demands constitutes a consumer mass arbitration under its applicable criteria, AAA’s Mass Arbitration Supplementary Rules and applicable fee schedule will govern administration of those demands. Each demand will remain an individual arbitration, and nothing in this subsection authorizes class, representative, collective, or consolidated arbitration.
(h) Effect of Changes to Arbitration. If VENN makes a material change to this Section 18 after the date you first accepted it, you may reject the change by sending written notice to care@vennskincare.com or by mail to the address in Section 21 within thirty (30) days after the change becomes effective. If you timely reject the change, any Dispute between you and VENN will be governed by the version of the arbitration agreement in effect immediately before the rejected change. Changes to contact information or non-substantive procedures do not create a new right to reject.
(i) Severability. If the prohibition on class, representative, collective, or consolidated proceedings is found unenforceable as to a particular claim or request for relief, that claim or request for relief will proceed in court after all arbitrable claims are resolved, and the remainder of this Section 18 will remain enforceable. If any other provision of this Section is found unenforceable, it will be severed and the remainder will remain in effect.
(a) Entire Agreement. These Terms and any policies, program terms, offer terms, or other terms expressly incorporated into them constitute the entire agreement between you and VENN concerning their subject matter and supersede prior or contemporaneous understandings concerning that subject matter.
(b) Severability. Except as otherwise provided in Section 18(i), if any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
(c) Assignment. You may not assign or transfer these Terms without VENN’s prior written consent. VENN may assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, by operation of law, or otherwise, subject to applicable law. These Terms bind and benefit the parties and their permitted successors and assigns.
(d) Events Beyond Reasonable Control. VENN will not be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, labor disputes, war, terrorism, civil unrest, government action, epidemics or pandemics, utility or telecommunications failures, cyberattacks, carrier disruptions, or supplier failures, except to the extent applicable law provides otherwise.
(e) Notices. Notices from VENN may be provided by email, through the Services, or by posting on the Site, as permitted by law. Notices from you must be sent to the contact information in Section 21 unless these Terms specify another method.
(f) Waiver; Remedies. A failure to enforce a provision is not a waiver. A waiver is effective only if in writing and signed by an authorized representative of the waiving party. Rights and remedies are cumulative unless these Terms expressly state otherwise.
(g) Headings; Interpretation; No Third-Party Beneficiaries. Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” These Terms do not create third-party beneficiary rights except as expressly stated.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer-rights information: VENN’s name, address, and telephone number are provided in Section 21. There is no separate charge to access the Site, although you are responsible for Product prices, taxes, shipping charges, mobile-carrier charges, and other amounts disclosed at checkout or in these Terms. Complaints regarding the Services or Products, or requests for further information, may be directed to VENN using the contact information in Section 21. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
If you have questions about these Terms, an order, or the Services, please contact us at:
Venn Skincare, Inc.
750 N San Vicente Blvd
Ste 800 West
Los Angeles, CA 90069 USA
(888) 418-4302
