Terms of service

Last Updated: Nov. 13, 2024
Please read these Terms of Use carefully. Your use of our Services signifies your unconditional acceptance of these Terms. If you do not accept these Terms, please do not use the Services.

These Terms of Service (“Terms”) govern your access to and use of (i) the website at naveskin.store（referred to as “Provider,” “we,” “our,” or “us”), including all associated web pages, websites, and social media pages (the “Site”)，(ii) our online services (including the Site, the “Services”), and (iii) the products offered by naveskin.store (the “Products”). 

EXCEPT WHERE PROHIBITED BY LAW, BY USING THE SERVICES, YOU AND PROVIDER AGREE TO SETTLE MOST DISPUTES ON AN INDIVIDUAL BASIS, NOT THROUGH CLASS ARBITRATION, CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR JURY TRIAL. TO OPT OUT OF ARBITRATION, FOLLOW THE INSTRUCTIONS IN SECTION 19. If you do not agree to these Terms, refrain from using our Services.

We may include additional terms, conditions, guidelines, policies, or rules that apply to certain Products or Services (“Supplemental Terms”). These Supplemental Terms become part of your agreement with us when using the relevant Products or Services. If there is a conflict between these Terms and any Supplemental Terms, the Supplemental Terms govern that conflict.

Provider reserves the right to update these Terms. The “Last Updated” date at the top of these Terms reflects the most recent change. If changes are made, we may notify you via email, notice within our Services, or by updating the “Last Updated” date. Unless otherwise specified, changes take effect immediately, and continued use of our Services signifies your acceptance of the amended Terms. If you do not agree to the changes, please stop using our Services immediately.

1. Eligibility and Use Restrictions

(a) Age Requirement: You must be at least 16 years old to use or register for our Services. If you are under 18 (or the age of legal majority in your location), you may only use our Services with the supervision of a parent or legal guardian who consents to these Terms on your behalf. Parents or guardians are responsible for the actions of minors using our Services. If you suspect your minor child is using our Services without permission, please contact us at [email protected].

(b) Permitted Use: You may use our Services only for personal, family, or household purposes; ordering Products for resale is prohibited. Account registration and online purchases may be restricted to residents within the United States.

2. Privacy

Use of our Services is subject to our Privacy Policy, which is incorporated into these Terms. Please review the Privacy Policy to understand how we collect, use, share, and process information about you.

3. Mobile Communications

Provider offers mobile and telephone communication programs (covering SMS, MMS, automated voice messages, pre-recorded calls, and more, collectively “Programs”) to send periodic automated communications. Such communications adhere to our Mobile Alerts Policy, which is incorporated by reference. By participating, you consent to the monitoring and recording of telephone communications, as outlined in our Mobile Alerts Policy.

4. Accounts

You may create a Naveskin account through the Services. Account creation requires you to: (a) provide accurate information; (b) keep account credentials secure; (c) promptly update any changes; (d) use a unique, strong password; (e) safeguard your account; and (f) inform us immediately if unauthorized access occurs. You are responsible for all activities under your account, regardless of authorization. If any information you provide is false, outdated, or in violation of these Terms, we may suspend or terminate your account. We reserve the right to modify or reclaim usernames if necessary, and to terminate or suspend accounts at our discretion, without notice.

5. User Content

(a) Definition and Public Visibility: Our Services allow you to create and share various content types (“User Content”). By posting User Content, you agree to these Terms and understand that this content may be publicly visible, including associated information like your username or profile picture.

(b) License to Provider: Users retain rights to their User Content but grant us a worldwide, royalty-free, perpetual license to use, modify, and display it across media without compensation. By submitting content, you waive any “moral rights” regarding attribution or integrity. To remove content, contact us.

(c) Content Rules: Users must hold the necessary rights to their content and ensure it doesn’t violate laws or third-party rights. Prohibited content includes unlawful, defamatory, or infringing material, impersonations, unsolicited promotions, or harmful files.

(d) Enforcement Rights: Provider has no obligation to monitor User Content but reserves the right to protect and enforce rights to it, including by bringing actions on your behalf.

(e) Content Management: We may remove or restrict content, terminate access, or take other actions to ensure compliance, without obligation to monitor all content.

6. User Responsibilities

Users agree to follow laws, avoid harassment, impersonation, resale, or interference, and refrain from activities like reverse-engineering, unauthorized account access, scraping, spam, and harmful linking. Violations may result in enforcement actions, including account suspension or termination at Provider’s discretion.

7. Products, Content, and Specifications
The Services may offer various features, content, product descriptions, images, prices, and links to Products, including coupons or discounts. While we strive to ensure the information provided is complete, accurate, and current, errors or omissions may occur from time to time. We cannot guarantee that the content, including prices and product details, is always reliable or up-to-date. The availability of products, including discounts, may change at any time without notice. Any measurements or product descriptions are approximate and meant for convenience. We make reasonable efforts to depict product features, including colors, as accurately as possible, but actual colors may vary depending on your device or display settings.

8. Purchase Terms
All transactions made through our Services are governed by the following conditions:

(a) Eligibility: To complete a purchase, you must have a valid billing and shipping address in a country where our Services are available for shipping.

(b) Restrictions: Purchases are intended for personal use only. Products purchased may not be resold. We may limit the quantities of products purchased per order or account and may refuse orders or cancel them without notice.

(c) Pricing and Taxes: Prices shown on the Services do not include applicable taxes or shipping fees. These additional charges will be calculated during checkout. We reserve the right to adjust prices without prior notice. If we do not collect taxes on certain sales, you are responsible for paying any taxes due in your jurisdiction.

(d) Payment: To complete a purchase, you must provide valid payment information, such as credit card details, and shipping information. By submitting this information, you confirm that you have the legal right to use the payment method. We may need to verify your information before processing your order.

(e) Shipping, Delivery, and Risk of Loss: Products are shipped to the address you specify, subject to shipping restrictions. You are responsible for shipping costs, and risk of loss passes to you once the product is handed over to the carrier. We are not liable for shipping delays. Shipping terms are subject to our Shipping Policy.

(f) Order Delays or Cancellations: We reserve the right to delay or cancel orders, for instance, if there is a pricing mistake or product unavailability. We will inform you if your order is canceled or modified.

(g) Returns, Refunds, and Exchanges: Returns and exchanges are subject to our Returns Policy.

(h) Reservation of Rights: We reserve the right to modify product availability, limit quantities, or refuse any transaction at our discretion.

9. Promotions
Promotions such as contests, sweepstakes, and discounts may have their own separate terms and conditions. If there is a conflict between the promotion rules and these Terms, the promotion rules will prevail.

10. Ownership and License
The content and intellectual property of the Services, including text, images, videos, and logos, are owned by us or our licensors. You are granted a limited license to use the Services for personal, non-commercial purposes. Any other use, including reproduction or redistribution of content, is prohibited unless specifically authorized by us.

11. Intellectual Property
(a) Trademarks: Naveskin trademarks, including logos and product names, are protected and cannot be used without permission.

(b) Copyright: All content on the Services, including text, images, and videos, is copyrighted. You are not permitted to copy, modify, or distribute this content without our express permission.

12. Feedback
Any feedback you provide regarding our products or Services is given without expectation of compensation. We may use this feedback to improve our offerings, and any works or ideas developed from it will be our exclusive property.

13. Copyright Infringement Policy
We adhere to the Digital Millennium Copyright Act (DMCA) and will remove content that infringes on copyright. If you believe your copyrighted work is being infringed, you may file a notice with our designated agent.

14. Third-Party Content
We may feature third-party content or provide links to third-party websites. These are provided for your convenience, and we are not responsible for their content or availability. Any interaction with third-party content is subject to their terms and policies.

15. Indemnification
You agree to indemnify and hold us harmless from any legal claims or damages arising from your use of our Services, your content, or your violation of these Terms.

16. Disclaimers
Your use of our Services, including all content and materials associated therewith, is entirely at your own risk. Except as expressly stated in writing by us and to the maximum extent allowed by law, our Products, Services, and any associated content are provided "as is" and "as available." We make no warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, we do not guarantee that our Products or Services are accurate, complete, reliable, or error-free, nor do we warrant that access to our Services will be uninterrupted. While we strive to make our Services safe, we cannot and do not guarantee that our Services, content, or servers are free of viruses, harmful components, or materials. You assume all risk regarding the performance and quality of the Products and Services and any content provided therein. All disclaimers outlined herein benefit the Provider, its subsidiaries, agents, representatives, licensors, suppliers, service providers, and their respective successors and assigns.

17. Limitation of Liability
(a) Limitation on Damages: To the fullest extent allowed by law, neither the Provider nor its affiliates will be liable to you for any indirect, consequential, incidental, special, or exemplary damages, or lost profits, regardless of the legal theory under which such claims are made (contract, tort, negligence, warranty, or otherwise), even if we were advised of the possibility of such damages.
(b) Total Liability: The total liability of the Provider and its affiliates, for any claims arising from these Terms or your use of our Services, is limited to the greater of $50 or the amount you paid for products or services in the six months preceding the claim that gave rise to the liability.
(c) Exclusions: The limitations and exclusions described in this section do not apply to claims related to the Provider's gross negligence, fraud, or intentional misconduct, nor do they apply where the law does not allow such exclusions or limitations of liability. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you.

18. Release
To the fullest extent permitted by law, you release the Provider and its affiliates from any and all liability, claims, demands, or damages, both known and unknown, including claims arising from negligence, that may arise from or relate to disputes between users or the actions or omissions of third parties. If you are a consumer residing in California, you also waive your rights under California Civil Code § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

19 - Dispute Resolution and Binding Arbitration

Overview:

  • Arbitration Requirement: Any disputes between you and the Provider (with certain exceptions) must be resolved through individual binding arbitration, not in court or as part of a class action.

  • Waiver of Jury Trial and Class Actions: Both parties waive their right to a jury trial and agree that arbitration will not include any class or representative actions.

Process:

  • Claims Covered: The disputes ("Claims") include any legal issues related to the Agreement, Products, or Services, except for small claims and intellectual property-related disputes.

  • Informal Resolution: Before initiating arbitration, both parties must attempt to resolve the dispute informally for a period of 45 days. The notice to initiate disputes must be individualized and include specific information as outlined in the Agreement.

Arbitration Details:

  • Arbitration Procedure: If the dispute remains unresolved, arbitration will be managed by the American Arbitration Association (AAA), or another mutually agreed-upon arbitration provider. The arbitrator will apply applicable laws strictly.

  • Fees and Costs: The Provider will cover the AAA fees if you notify them of your intent to arbitrate. However, if the claims are deemed frivolous, the initiating party may be responsible for arbitration fees.

  • Location and Confidentiality: Arbitration will take place in the county of your billing address. Both parties will seek confidentiality protections during the arbitration process.

Opt-Out and Future Amendments:

  • Opt-Out Option: You have the option to opt out of arbitration within 30 days of accepting the Agreement by providing written notice.

  • Rejecting Changes: You may reject future changes to the arbitration terms (except updates to address) within 30 days by providing written notice.

Mass Arbitration:

  • Mass Arbitration Protocols: If more than 25 similar demands are filed, they will be processed together in groups. If over 250 demands are filed, they will be handled in larger batches.

  • Severability: If any part of this section is found to be unenforceable, the remaining provisions will remain in full effect.

20. Governing Law and Venue
Any dispute, claim, or controversy arising from or related to these Terms, the Products, or the Services will be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and to the extent that federal law does not preempt it. Any dispute that is not subject to arbitration under Section 19 and cannot be heard in small claims court will be resolved exclusively in the state and federal courts located in New York. You and Provider agree to waive any objections to venue in these courts. If your local jurisdiction requires that consumer contracts be governed by local law and enforced in local courts, this section will not apply if local law conflicts with the provisions here.

21. Modifying and Terminating Our Services
We reserve the right to change, suspend, or terminate all or part of our Services at any time, including altering the fees associated with using the Services, or providing opportunities to specific users. We may notify you in advance of any changes through email or notice on our Services. Any changes made will be subject to these Terms or any Supplemental Terms, unless otherwise stated. You may stop using our Services at any time by terminating these Terms and closing your Account. The rights and obligations outlined in Sections 5(b), 7, 8, 10 (first two sentences, and last sentence only), and 11-24, as well as other provisions that are intended to survive, will remain in effect even after the termination or expiration of these Terms. We are not responsible for any issues arising from your inability to access or use our Services.

22. Severability
If any provision of these Terms is found to be unenforceable or unlawful, including being deemed unconscionable, the provision will be severed from the rest of the Terms. The remaining provisions will continue to apply, and the unenforceable provision may be revised to make it enforceable, ensuring the intent of these Terms is upheld to the fullest extent.

23. Export Control
You are responsible for complying with U.S. export laws, including any restrictions on exports set by U.S. government regulations. You confirm that you are not located in, nor a resident or national of, any country subject to U.S. embargoes or restrictions, nor are you listed on any restricted end-user lists by the U.S. government. You also affirm that you are not involved in supporting terrorism as per U.S. law.

24. Miscellaneous
(a) Failure by the Provider to enforce any provision of these Terms does not waive the right to enforce it later. These Terms represent the entire agreement between the parties, superseding any prior agreements or understandings. The section titles are for convenience and have no legal effect. The term “including” means “including but not limited to.” These Terms are intended solely for the benefit of the parties involved and do not confer third-party rights. Transactions and communications may be conducted electronically. The Provider may assign its rights or obligations under these Terms without notice to you, while you may not assign your rights or obligations. Any unauthorized attempt to assign rights is void.

(b) For any questions or complaints regarding the Products or Services, please contact us at [email protected].
Alternatively, you can reach us by mail at PO Box 4094, Diamond Bar CA 91765, United States.
Please be aware that email communications are not necessarily secure, so do not send payment card information or sensitive data through email.
In compliance with California Civil Code Section 1789.3, California consumers have the right to contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs at 1625 North Market Blvd, Suite N-112, Sacramento, California 95834, or by phone at 1 (800) 952-5210.