Terms & Conditions

Last Updated: March 18, 2024

These Terms and Conditions (the "Terms") govern your use of this website and application ("Site") by The Skin Clique ("SkinClique," "we," "us," or "our").

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.

Skin Clique may modify these Terms at any time. All changes become effective immediately upon posting. Material changes will be conspicuously posted or otherwise communicated to you. Continued use after changes are posted constitutes your agreement to those changes.

1. Use of the Site

The Site is for personal use only by individuals 18 years or older residing in the United States. By accessing the Site, you agree to:

Provide accurate, current, and complete Personal Information as requested
Keep passwords and account information strictly confidential
Not use the Site for unauthorized access, misuse of passwords, or other unauthorized purposes
Not delete, alter, or modify any Content (copyright, trademark, audio, images, software, text, artwork, video clips, or other materials)
Not copy, publish, distribute, modify, sell, or commercially exploit any Content except for personal use
Access the Site only for your own internal non-commercial use
Not damage, disable, overburden, or impair the Site or interfere with others' access
Not attempt unauthorized access through hacking, password mining, or other means
Not use the Site to commit crimes, insert viruses, distribute corrupt data, or send spam
Not engage in activities contrary to applicable laws or regulations

Skin Clique grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site, provided you comply with these Terms. Skin Clique reserves the right, without notice and in its sole discretion, to cancel or restrict your access without any liability.

2. Content of the Site

Skin Clique may provide messaging services, chat services, bulletin boards, blogs, forums, and similar services. You agree not to upload, post, transmit, distribute, or publish any materials that:

Restrict or inhibit other users from enjoying the Site
Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, or otherwise offensive
Constitute or encourage criminal conduct, civil liability, or legal violations
Violate third-party rights including copyright, trademark, trade secret, privacy, or other proprietary rights
Contain viruses, spyware, malware, or other harmful components
Constitute false or misleading identity, origin, endorsement, or factual statements

3. Creating an Account

To purchase products on the Site, you must create an account. By creating an account, you agree to provide only accurate, current, and complete information; maintain and update provided information as necessary; maintain security of your login credentials and accept all risks of unauthorized access; and immediately notify Skin Clique of any suspected security breaches.

Skin Clique is not responsible for damages, losses, costs, expenses, or liabilities related to unauthorized account access or use.

4. Additional Terms for Mobile Applications

If you download the mobile application through the Apple App Store, Google Play marketplace, or similar authorized store (each an "App Store"), you agree to comply with all applicable third-party App Store terms. You acknowledge that this agreement is between you and Skin Clique, not with the App Store, and that the App Store is not responsible for the Services or related claims.

5. Links; Third-Party Materials

The Site may include links to other websites or resources, or utilize third-party content ("Third Party Materials"). Skin Clique has no control over Third Party Materials, is not responsible for their availability, does not endorse and is not responsible for any content or privacy practices therein, and will not be liable for any damage or loss caused by your use of or reliance on Third Party Materials.

6. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SKIN CLIQUE, ITS AFFILIATES, AND ALL OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, LICENSORS, AND AGENTS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY'S FEES AND COSTS, ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS, ANY USER CONTENT YOU PROVIDE, YOUR VIOLATION OF ANY LAW OR THIRD-PARTY RIGHTS, OR YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.

7. Limitation of Liability

SKIN CLIQUE SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, PERSONAL INJURY, DEATH, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF SUCH POSSIBILITY. THE TOTAL MAXIMUM AGGREGATE LIABILITY FOR USING ANY PART OF THE SITE SHALL BE LIMITED TO FIFTY DOLLARS ($50.00 USD).

8. For California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

9. Terms Applicable to New Jersey Consumers

No provision in these Terms applies to any New Jersey consumer if it limits remedies for: (i) negligence, (ii) products liability claims, (iii) punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against certain criminal third-party acts. The exclusion or limitation of certain damages provisions do not apply in New Jersey regarding statutory damages, punitive damages, loss of data, and loss of or property damage.

10. Governing Law

These Terms will be governed by and construed according to South Carolina law without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in Charleston, South Carolina. You consent to the exclusive jurisdiction and venue of state or Federal courts in Charleston, South Carolina.

11. Dispute Resolution

You and Skin Clique agree that any disputes, claims, or controversies arising from your use of or access to the Site (each a "Dispute"), except those resolved informally or in small claims court, will be resolved through binding arbitration by a neutral arbitrator.

ANY ARBITRATION WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE YOUR RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SKIN CLIQUE.

12. Informal Resolution

Before commencing arbitration or suit, each party agrees to send the other a written Notice. Any Notice to Skin Clique should be sent by mail to:

Skin Clique, Attn: Arbitration Provision
218 Howle Ave Ste A
Charleston, SC 29412

13. Binding Arbitration

If informal negotiation or small claims court fails to resolve a Dispute, either party may elect binding arbitration. Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, both available at www.adr.org.

14. Confidentiality of Proceedings

Each party shall maintain the arbitration's confidential nature and shall not disclose to any third party the fact, existence, content, award, or result of arbitration without prior written consent, except as necessary to enforce or challenge the award in a competent court or as required by applicable law.

15. Opt-Out

You have the right to opt out of binding arbitration within thirty (30) days of first accepting these Terms by emailing hello@theskinclique.com. The opt-out notice must include your full name and address and clearly indicate your intent to opt out. Opting out does not affect any other aspect of these Terms.

16. Waiver of Rights

By agreeing to binding arbitration, you understand that you are giving up constitutional rights to have a Dispute determined by a court of law or jury, and that the arbitration decision is final and binding except to the limited extent that judicial review might be available.

17. Copyright Infringement

Skin Clique's policy is to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification by the copyright owner or their legal agent. If you believe your work has been copied and posted on the Site in a way constituting copyright infringement, please contact us with a description of the copyrighted work, location of the infringing material, your contact information, and a statement made under penalty of perjury that you are authorized to act on behalf of the copyright owner.

18. General Provisions

These Terms and any additional terms posted on the Site constitute the entire agreement between Skin Clique and you regarding your Site use. Skin Clique's failure to insist upon or enforce strict performance of any provision shall not constitute a waiver of that provision or right. Skin Clique may assign its rights and duties under these Terms to any party at any time without notice to you.

19. Privacy and Security

Data collection and use, including personal information, is governed by our Privacy Notice. You are solely responsible for the security, confidentiality, and integrity of all information you receive, transmit, or store. No Internet data transmission can be guaranteed 100% safe; Skin Clique cannot warrant that your information will be absolutely secure.

20. Contact Us

Please report Terms violations, including objectionable user submissions or behavior, to:

Email: hello@skinclique.com
Phone: (833) 225-3558
Mail: Skin Clique, 218 Howle Avenue Suite A, Charleston, South Carolina 29403