Terms of Service

Last updated: January 23, 2023

These terms and conditions (these "Terms” or “Terms of Service") apply to the purchase and sale of products and services through www.jordansamuelskin.com, including use of our mobile message service (the "MM Service") and our website and any other site or service that links to these terms (collectively, the "Site"). These Terms are subject to change by Jordan Samuel Skin (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last updated" date referenced above. You should review these Terms and related policies, including but not limited to our Privacy Policy, prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last updated" date will constitute your acceptance of and agreement to such changes.

ONLINE STORE TERMS

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By placing an order from the Site, you affirm that you are at least the age of majority in your state or province of residence.

You agree that your order is an offer to buy, under these Terms of Service, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders in our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

INTERNATIONAL ORDERS

Orders shipping to a location outside of the United States are facilitated by our international fulfillment partner, Global-e and its affiliate Global-e US Inc., a Delaware corporation with a place of business at 200 West 41st Street, New York, New York, 10036.

International orders are subject to Global-e’s Terms of Sale and Privacy Policy. Global-e is the merchant of record for international orders and Global-e collects and processes payment for such orders. Please review Global-e’s Terms of Sale and Privacy Policy before placing an order with Global-e.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Information on the Site has not been evaluated by the Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease. You should not use the information on the Site for diagnosis or treatment of any health problem or for prescription of any other treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. You should consult with a health care professional if you have or suspect you might have a health problem.

MODIFICATIONS TO THE SITE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.

Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services or use of the Site to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.

PRODUCTS NOT FOR RESALE

Products are for your own personal use and not for resale. You are responsible for complying with all applicable laws, regulations and ordinances in connection with your use of any products. Products may be subject to export control laws and other laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations, and you represent and warrant that you will not export, re-export, or transfer indirectly or directly any product in violation of such laws and/or regulations. You will defend and hold Jordan Samuel Skin harmless against all claims, damages, or liability resulting from your breach of the foregoing.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via the Site may include materials from third-parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

REVIEWS, SUBMISSIONS, AND USER GENERATED CONTENT

You are solely responsible for any content or materials that you may submit or transmit to us, including reviews, comments, text, photographs, images, videos, messages or any other content or materials (“User Content”). All User Content is non-confidential and non-proprietary. You agree to waive any and all rights that You may have in any jurisdiction with respect to User Content, including the right to attribution and the right not to have User Content edited or altered.

By providing us with User Content, you hereby grant to us and our affiliates a worldwide, non-exclusive, royalty-free, transferable, unrestricted license to use, develop, modify, enhance, prepare derivatives, copy, publish, market, and distribute your User Content, without any further notice to you, including for promotional or commercial purposes. You agree that you have no expectation of payment, compensation, or confidentiality for any User Content.

By submitting or transmitting User Content to us, you represent and warrant that:

You own all rights in your User Content and no other party has any rights thereto, or you have acquired all necessary rights in your User Content to have the authority to grant to us the rights described in these Terms;

Your User Content is not confidential and you have no expectation of confidentiality with respect to your User Content, and by submitting User Content you are not creating a confidential or fiduciary relationship with us;

You have and will pay in full any fees or financial obligations of any kind arising from any use of your User Content;

You have obtained permission(s) from each person seen or heard in your User Content sufficient to grant us the rights contained in these Terms, and will make such permissions available upon our request;

Your User Content does not and will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal, intellectual, or proprietary right;

Your User Content does not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website, and you will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content;

Your User Content does not contain the private information of any third party;

Your User Content does not contain unsolicited promotions, campaigning, spam, or advertising;

Your User Content does not violate these Terms;

You will maintain any records necessary to establish that your User Content does not violate these representations.

    Additionally, you agree that any suggestions, materials, questions, plans, notes, drawings, ideas, comments, criticisms, or any other “Feedback” other than User Content that you submit to us in any manner may be used by us for any purpose whatsoever, without any notice to you. You agree that you have no expectation of acknowledgement, payment, compensation, or confidentiality for Feedback, and that we have no duties to you. Feedback is non-confidential and non-proprietary.

    In using this Site, you may be exposed to User Content that you find objectionable or misleading. We do not guarantee the accuracy of User Content. We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, irrelevant, or otherwise inappropriate or objectionable or violates any party’s intellectual property or these Terms of Service. We take no responsibility and assume no liability in any way for any User Content posted by you or any third-party.

    Nothing contained in these Terms should be construed to claim copyright over consumers’ reviews or to restrict a consumer’s right to submit their honest opinion about our products or services.

    DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

    We respect the intellectual property rights of others and will remove User Content that violates copyright law. We have implemented procedures for receiving and processing written notification of copyright infringement claims in accordance with 17 U.S.C. § 512.

    If you believe your work is being used on this Site in a way that constitutes copyright infringement, please submit a notification of claimed infringement that includes:

    (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Please submit the notification with the above information to our copyright agent at:

    Cairncross & Hempelmann, PS
    524 2nd Ave., Suite 500
    Seattle, WA 98104-2323
    Email: dmca@cairncross.com
    Phone: (206) 587-0700
    Fax: (206) 587-2308

    PERSONAL INFORMATION

    Your submission of personal information through the Site, and our processing of such personal information, is governed by our Privacy Policy. To view our Privacy Policy, click here.

    ERRORS, INACCURACIES AND OMISSIONS

    Occasionally there may be information in the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

    PROHIBITED USES

    In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

    MOBILE MESSAGE SERVICE

    We do not charge for the MM Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

    Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the MM Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from us via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (833) 978-0636 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other mobile message programs from us and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For MM Service support or assistance, text HELP to +1 (833) 978-0636 or email info@jordansamuelskin.com.

    We may change any short code or telephone number we use to operate the MM Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

    The wireless carriers supported by the MM Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

    We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

    You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.

    YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

    IN NO CASE SHALL JORDAN SAMUEL SKIN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    INDEMNIFICATION

    You agree to indemnify, defend and hold harmless Jordan Samuel Skin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

    SEVERABILITY

    In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

    WAIVER; ENTIRE AGREEMENT

    Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

    These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

    GOVERNING LAW

    These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the state of Washington.

    CONTACT INFORMATION

    Questions about the Terms of Service should be sent to us at:

    By Email:
    info@jordansamuelskin.com

    By Post:
    Jordan Samuel Fragrances, Inc.
    d/b/a Jordan Samuel Skin
    276 5th Avenue, Suite 704 - 3117
    New York, New York 10001