Terms of service

Terms of Service

 

Effective Date: September 1st, 2020


Welcome to Forgotten Skincare! These Terms of Service (these "Terms") are important and contain terms and conditions that affect your legal rights, so please read them carefully. By accessing or using the websites, mobile applications or blogs (collectively, the “Site”) provided by Forgotten Skincare, LLC, or our subsidiaries or affiliates (herein referred to as “Forgotten Skincare,” “we,” “us” or “our”), pursuant to which we offer our products (the “Products”) for purchase (collectively, with the Site, the “Services”), you agree to be bound by the terms and conditions contained in these Terms and all other terms incorporated herein by reference. These terms apply to all users of the Services.


We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the updated Terms. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms, do not use or access (or continue to use or access) the Services.


ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.


SECTION 1 – ONLINE STORE TERMS


By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site.


You may not use the Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any applicable laws (including but not limited to copyright laws).


You must not transmit any worms or viruses or any code of a destructive nature. 


A breach or violation of any of these Terms will result in an immediate termination of your Services.


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.


SECTION 2 – GENERAL CONDITIONS


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


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission. 


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


SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


The information and materials presented on or through the Site and the Services are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information or materials. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services.


The Site and the Service may include content and materials provided by third parties. All statements and/or opinions expressed in such content or materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and responsibility of the person or entity providing such content or materials. Such content and materials do not necessarily reflect our opinions. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.


Any information provided by us regarding Products or otherwise (e.g., product descriptions or instructions) is for informational purposes only. Use of the Site or the Services is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.


We may update the content of the Site from time to time, but we make no representation or warranty that such content is complete or up-to-date. Any material on the Site may be out of date at any given time, and we are under no obligation to update such material.


SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES


Prices for Products are subject to change without notice. We reserve the right, with or without notice, to modify or discontinue the Service (or any part or content thereof) 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 Service.


SECTION 5 – PRODUCTS OR SERVICES


Certain Products may be available exclusively online through the Site. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy, as stated on the Site at the time of purchase. We have made reasonable efforts to display as accurately as possible the colors and images of our Products 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 Products or Services 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 with or without notice, at our sole discretion. We reserve the right to discontinue any Product at any time, with or without notice. Any offer for any Product or Service made on the Site is void where prohibited by applicable law. We do not warrant that the quality of any products (including the Products), services (including the Services), information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION; ACCOUNT SECURITY


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 in connection with your use of the Services. You agree to keep your account information up to date so that we can complete your transactions and contact you as needed. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to portions of the Site, or the entire Site, to some or all users, including registered users. We have no obligation to provide you with any technical support in connection with your use or attempted use of the Site.


If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person or entity with access to any portion of the Site or the Services that requires the use of your user name, password or other security information. You agree to notify us immediately upon becoming aware of any unauthorized access to or use of your user name, password or other security information, or any other actual or suspected breach of security. You also agree to ensure that you exit or log off from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


We have the right, but not the obligation, to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you may have violated any provision of these Terms.


For more detail, please review our FAQ and our Refund Policy, the terms of which are incorporated herein by this reference.


SECTION 7 – 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 third-party 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.


SECTION 8 – THIRD PARTY LINKS


If the Site or the Services contain links or references to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or referred to in the Site or the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for or in connection with any Comments; or (3) to respond to any Comments. 


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. 


You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will 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 the Services. You may 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 Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments.


SECTION 10 – Intellectual Property Rights

 

The Site, the Services and their entire contents, features and functionality (including but not limited to all information, software (including any source code and object code), text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our affiliates, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law, as applicable.


You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material contained on or in the Site or the Services except as follows:


  • Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes; and
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.


You must not:


  • Modify copies of any materials from the Services or the Site; or
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services or the Site.


If you print, copy, modify, download or otherwise use or provide any other person or entity with access to any part of the Services or the Site in violation of these Terms, your right to use the Services and/or the Site will cease immediately and you must, at our option, immediately return or securely destroy any copies of the materials you have made. No right, title or interest in or to the Services or the Site or any content in or on the Services or the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services or the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.


SECTION 11 – RESALE

 

You must be an authorized reseller to resell any Products. We do not authorize resale of Products without our official written approval. Unauthorized resale of Products is considered intellectual property infringement and will be pursued as such.

 

SECTION 12 – Trademarks

 

Our name, our logo, and all related names, logos, product and service names, designs and slogans, are trademarks of Forgotten Skincare or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans in or on the Services or the Site are the trademarks of their respective owners.


SECTION 13 – PERSONAL INFORMATION


Your submission of personal information through the Site is governed by our  . By using the Site, you consent to all actions taken by us with respect to your personal information in compliance with our  .


SECTION 14 – PROHIBITED USES


In addition to other prohibitions as set forth in these Terms, 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 the Services or of any related website, other websites, or the Internet; (h) to collect or track (whether manually or by automated means) 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 Services or any related website, other websites, or the Internet, each as determine by us in our sole discretion. We reserve the right to suspend or terminate your use of the Site or the Services at any time, with or without notice, for violating any of the prohibited uses.


SECTION 15 – Geographic Limitations


The owner of the Site is based in the United States. We make no claim that the Site or the Services are accessible or appropriate outside of the United States. Access to the Site or the Services may not be legal by certain persons or in certain countries. If you access the Site or the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


SECTION 16 – DISCLAIMER


The Products have not been approved by the FDA and are not meant to treat, diagnose or cure any disease or condition. Results are not guaranteed and use of the Products may affect each individual differently. Forgotten Skincare has not been tested as safe for pregnant or breastfeeding women – please consult your physician before use.


By using the Site or the Service, you acknowledge and agree thaT all information that appears on the Site IS provided for general informational PURPOSES ONLY AND is not intended to be, nor should be interpreted as, medical advice or recommendations concerning the use of any Product. Please review the ingredients listed on the actual Product or Product packaging or contact info@forgottenskincare.com for ingredients as the ingredients listed on the Site may be not be up to date. Always consult a physician or healthcare provider with questions regarding ingredients and affects. Forgotten Skincare is not responsible for any individual issues that may occur at the time of using any Product. Discontinue use of the Products and consult a qualified medical professional if you are uncertain about any individual health issues that occur at the time of using any Product.


You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary materials due to your use of the Site or any products or services obtained through the Site, including the ServiceS, or to your downloading of any material posted on the Site or any site linked to or referred to in or on the Site or the ServiceS.


Your use of the ServiceS and the Site, and any products or services obtained thereby, is at your sole risk. The ServiceS and the Site, and any products or services obtained thereby, are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither FORGOTTEN SKINCARE nor any person associated with FORGOTTEN SKINCARE makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the ServiceS or the Site. Without limiting the foregoing, neither FORGOTTEN SKINCARE nor anyone associated with FORGOTTEN SKINCARE represents or warrants that the ServiceS or the Site, or any products or services obtained thereby, will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Site or the servers that make it available are free of viruses or other harmful components or that the ServiceS or the Site, or any products or services obtained thereby, will otherwise meet your needs or expectations.


FORGOTTEN SKINCARE hereby disclaims all warranties of any kind with respect to the ServiceS and the Site, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.


The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.


SECTION 17 – LIMITATION OF LIABILITY


You acknowledge and agree that we are only willing to collect payment and provide access to the SITE and the serviceS if you agree to certain limitations on our liability to you and to third parties. You understand that, to the MAXIMUM extent permitted under applicable law, in no event will we or our officers, employees, directors, MEMBERS, MANAGERS, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the SITE or the serviceS, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the SERVICES OR THE SITE or for any information appearing on any other WEBsite linked TO ON THE SITE. If you are dissatisfied with any portion of the SITE OR THE ServiceS, your sole and exclusive remedy is to discontinue use of the SITE OR THE ServiceS. Our total liability to you for all claims arising from or related to the ServiceS AND/OR THE SITE is limited, in THE aggregate, to the greater of (i) the total amount PAID BY YOU TO FORGOTTEN SKINCARE in the three (3) months IMMEDIATELY PRECEDING the date of the event FIRST giving rise to our liability, or (ii) fifty dollars (U.S. $50.00). ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 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.


SECTION 18 – INDEMNIFICATION


You agree to defend, indemnify and hold harmless Forgotten Skincare, its affiliates, licensors and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any actual or alleged claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys' fees) arising out of or relating to your violation of the Terms or your use of the Site or the Services.


SECTION 19 – ARBITRATION; WAIVER OF JURY TRIAL; WAIVER OF CLASS OR CONSOLIDATED ACTIONS


At our sole discretion, we may require you to submit any disputes arising from these Terms, the Services or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law and taking place in Philadelphia, Pennsylvania.


Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between US and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you hereby waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.


All claims and disputes within the scope of theSE Terms must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.


SECTION 20 – WAIVER AND SEVERABILITY


No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of these Terms will continue in full force and effect.


SECTION 21 – TERMINATION


These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using the Site.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site or the Services (or any part thereof).


SECTION 22 – ENTIRE AGREEMENT


These Terms, together with any policies or operating rules posted by us on the Site, constitute the entire agreement and understanding between you and us and govern your use of the Site and the Services, 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).


SECTION 23 – SURVIVAL


Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.


SECTION 24 – ELECTRONIC COMMUNICATIONS


You hereby consent to receiving email messages, text messages (i.e., SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from us in connection with your use of the Site and/or the Services, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages.


SECTION 25 – FORCE MAJEURE


We are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our reasonable control, including without limitation acts of God, act of government, war, epidemics, riots, terrorism, strikes, shortages of labor, fire, extreme weather, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure or shortage of materials


SECTION 26 – GOVERNING LAW


These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.


SECTION 27 – YOUR COMMENTS, QUESTIONS AND CONCERNS


The Site is operated by Forgotten Skincare, LLC, located at PO Box 22425, Philadelphia 19107, United States. All feedback, comments, and other communications relating to the Site, the Services or these Terms should be sent to us at info@forgottenskincare.com.

 

Mobile Message Services Terms and Conditions

The Forgotten Skincare Alerts service (the "Service") is operated by Forgotten Skincare ("Forgotten Skincare", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.


We do not charge for the 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 Service provides updates, alerts, information, promotions, specials, and other marketing offers from Forgotten Skincare via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to +1 833-886-6401 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Forgotten Skincare mobile message programs 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 Service support or assistance, text HELP to +1 833-886-6401 or email info@forgottenskincare.com.


We may change any short code or telephone number we use to operate the Service at any time. 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 Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number.


You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.


You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

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