Terms & Conditions
Thank you for visiting www.skinwearusa.com (the “Website”) operated
by SKWPartners, LLC, a Cailfornia corporation located at 2263 W. 190th Street, Torrance,
CA 90504 (“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@skwpartners.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.
SKWPartners, LLC
2041 Rosecrans Ave. Suite #320
El Segundo, CA 90245
Ph: (310) 329-9009
+1 (310) 329-9009
By email: legal@skwpartners.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@skwpartners.com or write to us at SKWParnters, LLC, 2263
W. 190th Street Torrance, CA 90504. 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 © 2009 SKWPartners, LLC, 2263 W. 190th Street Torrance, CA 90504,
+1 (310) 329-9009. All rights reserved. Any rights not expressly granted herein
are reserved.
Last Updated: February 16, 2010