Thank you for visiting www.skinwearusa.com (the “Website”) operated by SkinWear USA,
LLC, a Cailfornia corporation located at 11112 Vista Sorrento Parkway Suite A204,
San Diego, CA 92130 (“SkinWear”, “we”, “our”, or “us”). The Website enables
visitors to the Website (“you” or “your”) to view and learn more about us and
our products. The Website is an online retail store featuring information and
products to give you an “All day healthy hand solution.” The Website is designed
to provide a convenient, private and informative shopping experience for consumers
to purchase products essential to an all day healthy hand experience. Accessible
24 hours a day, 7 days a week, the Website offers a selection of products and
information designed to help consumers make educated purchasing decisions regarding
their overall hand hygiene.
1. Use
SkinWear wants you to have a safe, pleasurable visit to the Website, so please
read these terms of use (the “Agreement”) carefully before accessing the Website.
By accessing the Website, you agree to be bound by the terms and conditions set
forth in the Agreement. If you do not wish to be bound by the Agreement, you
are not authorized to use the Website. SkinWear reserves the right to modify
the Agreement at any time. You agree to review the Agreement periodically to
be aware of any such modifications. You further agree that your continued use
of the Website shall be deemed to be your conclusive acceptance of the current
version of the Agreement. We will indicate that changes to the Agreement have
been made by updating the date indicated after “Last Modified” at the end of
the Agreement with the date on which such changes were made. If you do not
agree to abide by the terms of the Agreement, you are not authorized to use
the Website. A current version of the Agreement is accessible via the footer
of the Website’s homepage.
2. Privacy
SkinWear is committed to safeguarding your privacy. The terms regulating the
handling of personally identifiable and other information (“PII”) in connection
with the Website is described in our Privacy Policy
3. Copyright
All content contained on the Website, including but not limited to video, clips,
photographs, text, graphics, logos, icons, images and software (collectively,
“Content”), is the property of SkinWear or its licensors and is protected by U.S.
and/or international copyright laws. Any reproduction, modification, distribution,
transmission, republication, display or performance of the Content contained on the
Website is strictly prohibited. If you use material appearing on the Website
contrary as set forth in the Agreement, you may be liable for infringement,
misappropriation or other causes of action to the fullest extent of the law.
4. Trademarks
Unless otherwise indicated, all names, graphics, designs, logos, page headers,
button icons, scripts, commercial markings, trade dress, and service names included
in the Website are trademarks of SkinWear or its licensors or suppliers, including
without limitation SKINWEAR, SKINWEAR USA, THE ALL DAY HEALTHY HAND SOLUTION, and
HAND CLEANSER, SANITIZER, AND MOISTURIZER THAT KILLS GERMS FOR UP TO 8 HOURS
(collectively, the “Trademarks”) are protected by the trademark laws of the
United States and other jurisdictions. You may not use, copy, reproduce,
republish, distribute, modify or post any Trademarks in any way, including
in advertising or publicity pertaining to or distribution of materials on the
Website, without our prior written consent. The Trademarks may not be used in
any manner that is likely to cause confusion, or in any manner that disparages
or discredits us.
5. Commercial Transactions
5.1 Purchases
Certain products are offered for sale through the Website. In the event you wish
to purchase any of these products, you will be asked by SkinWear or an authorized
third party on SkinWear’s behalf to supply certain PII, including without limitation,
your full name, address, telephone number, and credit card information (the “Account
Information”). You agree to provide SkinWear or such third party with accurate,
complete and current Account Information at all times, and to comply with the terms
and conditions of any agreement that you may enter into which governs your purchase
of such product. You will receive a password and account designation when you have
entered your Account Information. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to immediately
notify us of any unauthorized use of your password or account or any other breach
of security.
You shall be responsible for all charges incurred through your account as well as
for paying any applicable taxes. Because customer service is paramount to our
business, we reserve the right to refuse to sell products to you if it reasonably
appears to us that you intend to resell the products. We reserve the right to
limit quantities of items purchased by each customer. We reserve the right to
cancel any order or part of an order, or refuse service to anyone for any reason.
Such reasons may include, but are not limited to, unauthorized coupon use, product
availability, and price discrepancy. If we refuse or cancel an order, whether or
not the order has been confirmed and your credit card charged, and your credit card
has already been charged for the purchase and your order is canceled, SkinWear will
immediately issue a credit to your credit card account in the amount of the price
you were charged. We reserve the right to charge fees or extra shipping charges
for any product that is backordered.
5.2 Payment
Your right to any product that is available for purchase through the Website is
conditional on our receipt of the appropriate payment for such product. If such
payment cannot be charged to your credit card or if a charge is refunded for any
reason, including chargeback, you agree that we reserve the right to cancel your
order and/or suspend or terminate your account, in which case this Agreement and
all of our obligations hereunder shall terminate.
5.3 Risk of Loss
All items purchased from us are made pursuant to a shipment contract entered
into when you order products offered through the Website. The risk of loss and
title to such products pass to you upon our delivery of such products to the
shipping carrier.
5.4 Product Descriptions
We attempt to be as accurate as possible in describing products offered for
purchase through the Website; however, we do not warrant that all such descriptions
are correct, accurate, complete, reliable, current or error-free. Furthermore,
we do not warrant that any Submission (as defined below) describing products
appearing on the Website is correct, accurate, complete, reliable, current or
error-free. Please do not rely on such Submission in determining whether to
purchase a particular item. If a product offered through the Website is not
as described by us, your sole remedy is to return it unused as in accordance
with Section 5.7. The particular technical specifications and settings of
your computer and its display could affect the accuracy of its display of
the colors of products offered on the Website.
5.5 Pricing Information
The prices displayed on the Website are quoted in U.S. dollars and are valid
and effective only in the United States. In the event a product is listed at
an incorrect price due to a typographical error or an error in pricing
information received from our suppliers, SkinWear shall have the right
to refuse or cancel any orders placed for the product listed at the
incorrect price.
5.6 Shipping
We will ship within the 48 contiguous states. Orders ship usually within 24 hours,
via the United States Postal Service. The cost for shipping will be highlighted
on your order form. For other methods of shipment, such as Overnight, 2nd Day
Air, or deferred shipping, please contact Customer Service for a rate quote and
details at shipping@skinwearusa.com. For shipping to Alaska, Hawaii, Puerto Rico,
and P.O. Boxes, please contact Customer Service for shipping rates and details.
5.7 Returns
If you have purchased a product offered through the Website that you wish to
return to us, please follow the instructions in our
Return and Exchange
6. DISCLAIMER OF WARRANTIES
6.1
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
SKINWEAR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY,
CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE
AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPERING ON THE
WEBSITE, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT
OR PRODUCTS APPEARING ON THE WEBSITE. THE WEBSITE AND ANY PRODUCTS APPEARING ON THE
WEBSITE ARE PROVIDED TO YOU "AS IS" AND SKINWEAR MAKES NO REPRESENTATION OR WARRANTY
OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, SKINWEAR DISCLAIMS
ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE.
6.2
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SKINWEAR BE LIABLE FOR
ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE
OR CAUSED BY YOUR CONDUCT. SKINWEAR DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED
OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED
WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SKINWEAR IS NOT RESPONSIBLE FOR
ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE.
7. LIMITATION OF LIABILITY
7.1
IN NO EVENT SHALL SKINWEAR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL
OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE,
INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS
OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SKINWEAR’S AGGREGATE
LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE THOUSAND
DOLLARS ($1,000).
7.2
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR
PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7
HEREOF MAY NOT APPLY TO YOU.
8. Links
SkinWear and/or third parties may provide links to other websites of possible interest
to you. Because we have no control over such websites, you acknowledge and agree that
we are not responsible for the availability of such websites and do not endorse and
are not responsible or liable for any content, advertising, services, products, or
other materials on or available from such websites. You also acknowledge and agree
that SkinWear shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of
or reliance on any content, advertising, services, products, or other materials on
or available from such websites. All such websites shall be subject to the policies
and procedures of the owner of such websites.
9. Your Submissions
9.1 Submissions
SkinWear offers you the opportunity to post text, comments, messages and other
content (each a “Submission” and collectively “Submissions”) to the Website about
items offered for sale by SkinWear. None of the Submissions posted by you shall
be subject to any obligation on SkinWear’s part, whether of confidentiality,
attribution, or otherwise, and SkinWear shall not be liable for any use or
disclosure of any such Submissions. Submissions posted to the Website may be
subject to size and usage limitations, and you are responsible for adhering to
such limitations.
9.2 Restrictions
SkinWear offers you the opportunity to post text, comments, messages and other
content (each a “Submission” and collectively “Submissions”) to the Website about
items offered for sale by SkinWear. None of the Submissions posted by you shall
be subject to any obligation on SkinWear’s part, whether of confidentiality,
attribution, or otherwise, and SkinWear shall not be liable for any use or
disclosure of any such Submissions. Submissions posted to the Website may be
subject to size and usage limitations, and you are responsible for adhering to
such limitations.
- is fraudulent;
- is designed to interrupt, or destroys or limits the functionality of,
any computer software or hardware or telecommunications equipment;
- interferes with or disrupts the Website, services connected to the
Website, or otherwise interferes with operations or services of this
Website in any way;
- infringes any patent, trademark, trade secret, copyright, or other
proprietary rights of any party; including the promoting of an illegal or
unauthorized copy of another person's copyrighted work;
- is patently offensive to the Website community or to us, such as
Content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
- harasses or harms, or advocates the harassment or harming of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited
mass mailing or "spamming", or solicits PII from other users or visitors;
- promotes information that is false or misleading, or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
- contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- causes us to lose (in whole or part) the services of our ISPs or other suppliers;
- links to materials or other content, directly or indirectly, to the user posting such material does not have a right to link;
- encourages others to violate this Agreement; or
- violates any applicable local, state, national, or international law.
9.3 Quality and Review of Content
SkinWear does not, and you agree that SkinWear has no obligation to, review Submissions,
and therefore we do not guarantee the accuracy, integrity or quality of such Submissions
and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory,
unlawful or otherwise objectionable Submissions will not appear on the Website. However,
you acknowledge and agree that we have the absolute right to monitor all Submissions in our
sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove
any Submissions, in whole or in part, for any reason or for no reason, and to disclose such
materials and the circumstances surrounding their transmission to any third party in order
to satisfy any applicable law, regulation, legal process or governmental request and to
protect ourselves, Website users, or service providers. You agree that we do not have any
obligation to use or respond to any Submissions. You agree that you shall immediately notify
SkinWear in writing of any objectionable Submission appearing on the Website.
9.4 Use
Except for Submissions posted by you, you may not copy, reproduce, distribute, publish, display,
perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion
of the Website, except that you may download Content from the Website as machine readable copies
and/or print copies of any web page, provided that such copies will be used for your own personal
(non-commercial) use and not for the purposes of competing in any manner with the Website or SkinWear.
9.5 Grant of License to Submissions
By posting Submissions to the Website or by otherwise submitting Submissions to us, you automatically
grant, and represent and warrant that you have the right to grant to SkinWear, a non-exclusive, perpetual,
irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide
license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into
other works such Submissions, derive revenue or other remuneration from, communicate to the public,
distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or
to incorporate such Submissions in other works in any form, media, or technology now known or later
developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees,
including the right to exercise the copyright, publicity, and any other rights over any of the materials
contained in such Content for any purpose, including for purposes of advertising and publicity on the
Website and elsewhere. SkinWear shall not be limited in any way in its use, commercial or otherwise,
of any Submissions posted by you appearing on the Website. You hereby waive any moral rights in, or
approval rights to, such Submissions. Further, we have the explicit right to incorporate any Submissions
posted or otherwise conveyed by you to this Website into any further work, in any medium, without prior
consent or review, and without payment of any royalty or fee whatsoever.
10. Our Rights
We may elect to monitor areas of the Website by electronic or other means and may disclose any Submission,
records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights
or property or the rights of the users, sponsors, providers, or licensors. We are not responsible for screening,
policing, editing, or monitoring such Submission. If notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Submission, we may investigate the allegation and determine in our sole discretion whether
to remove or to request the removal of such Submission from the Website. We may terminate your access, or suspend
your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe
is in violation of any applicable law or is harmful to the interests of another user, any third-party provider,
sponsor, licensor, service provider, or us.
11. Indemnification
You agree to indemnify, defend and hold SkinWear harmless from any claim, expense or demand, including without
limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this
Agreement, or your violation of any law or the rights of a third party.
12. Commercial Use
You acknowledge and agree that the Website is for your personal use only and may not be used by you directly
or indirectly in connection with any commercial endeavor.
13. Sweepstakes And Contests
From time to time, the Website may offer you the opportunity to enter contests and sweepstakes. By entering
such contests or sweepstakes, you indicate your agreement to all special terms set forth on the Website applicable
to such contest or sweepstakes in addition to this Terms of Use.
14. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your
work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may
notify us by providing our copyright agent the following information:
-
an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
-
a description of the copyrighted work that you claim has been infringed, including the URL
(i.e., web page address) of the location where the copyrighted work exists or a copy of
the copyrighted work;
-
identification of the URL or other specific location on the Site where the material that
you claim is infringing is located;
-
your address, telephone number, and email address;
-
a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
-
a statement by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
Our agent for notice of claims of copyright infringement on the Website can be reached as follows:
By mail:
Legal Dept.
SkinWear USA, LLC
11112 Vista Sorrento Parkway Suite A204
San Diego, CA 92130
T. 858-704-5321
By email: legal@skinwearusa.com
15. Governing Law
You acknowledge and agree that this Agreement shall be governed by and construed in accordance
with the internal laws of the State of California, excluding conflict of laws provisions thereof
that would indicate the application of the laws of any other jurisdiction and you hereby submit
to exclusive jurisdiction in the federal and state courts of California. You agree to receive
service of process through certified mail or by other means sanctioned by law, and you expressly
waive any claim of improper venue and any claim that such courts are an inconvenient forum.
16. General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. You agree that this Agreement may
be automatically assigned by SkinWear, in its sole discretion, to a third party. Section
headings are for reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect
to the subject matter hereof. The provisions of this Agreement will survive termination
or expiration to the extent necessary to carry out the intentions of the parties.
17. Contact Us
If you have any questions or concerns regarding the Website, please contact us by e-mail
at customerservice@SkinWear.com or write to us at SkinWear USA LLC. 11112 Vista Sorrento
Parkway Suite A204, San Diego, CA 92130. You agree to receive communications from us
electronically, and you further agree that all agreements, notices, disclosures, and other
communications we provide to you electronically satisfy any legal requirement that such
communication be in writing.
Copyright © 2007 SkinWear USA, LLC, 11112 Vista Sorrento Parkway Suite A204, San Diego,
CA 92130 T. 858-704-5321. All rights reserved. Any rights not expressly granted herein are reserved.
Last Updated: September 27, 2007