Revised: June 29, 2020

Welcome to Simply Fab Skin!

Introduction

These Terms of Use outline the rules and regulations for the use of simplyfabskin.com (“Site”) and any content or use of our products (“Content”) on the site which is owned and operated by Simply Fab Skin, LLC (collectively, “Simply Fab Skin”, “us”, “we”, or “our”). Please review carefully as they affect your rights.

By accessing the Site and its Content you accept and agree to these Terms of Use (“Agreement”) in full. Do not continue to use the Site or our products if you do not accept all of the Terms of Use stated on this page.

The following terminology applies to these Terms of Use, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You”, “One” and “Your” refers to you, the person accessing the Site and accepting our terms and conditions. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

Simply Fab Skin may at any time, terminate or suspend its operation of the Site or your use of the Site, without prior notice to you, for any reason that we consider appropriate. You agree that Simply Fab Skin will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Site, you agree that the provisions of the entire Agreement shall survive any such termination.

Simply Fab Skin may assign, transfer, or sub-contract any of its rights or obligations under these Terms of Use to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Simply Fab Skin. These Terms of Use supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. Simply Fab Skin reserves the right to modify, update, and delete portions of the Terms of Use at any time. Notification of changes to the Terms of Use will be posted on the Site with a date of Revised. Continuing to access the Site and its Content signifies your agreement and acceptance of the latest Terms of Use posted, remember if you do not agree or accept then do not use the Site or access its Content.

Age Policy

In order to access the Site and its Contents one must 18 years of age or older and be able to enter into a binding contract with us and not be hindered by doing so under any applicable law. With the consent of a parent or guardian one can access the Site and its Contents by being 13 years of age or older. By accessing the Site and its Contents you affirm that you are 18 years of age or older or that you are 13 years of age or older and have the consent of a parent or guardian. If none of these apply then you may not access the Site or its Contents.

Privacy Policy

Information you give us or we collect from you will be stored and used in accordance with our Privacy Policy. By agreeing and accepting to these Terms of Use you also agree and accept our Privacy Policy.

Intellectual Property

The Site and its Content, features, and functionality are the property of Simply Fab Skin, our licensors, or other providers and are protected by United States and international intellectual property laws. These Terms of Use permit you to use our Site for your non-commercial use only. No right, title or interest in or to our Site or its Content is transferred to you, and all rights not expressly granted are reserved by us. Our name, logo, and all related products constitute trademarks or service marks of Simply Fab Skin and/or our affiliates and licensors. You may not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on our Site are the trademarks of their respective owners.

User Content

Certain parts of the Site offer the opportunity for users to post and exchange opinions, information, material and data (“User Content”) in areas of the Site. Simply Fab Skin does not screen, edit, publish or review User Content prior to their appearance on the Site and User Content does not reflect the views or opinions of Simply Fab Skin, its agents, affiliates, or third parties. User Content reflects the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, Simply Fab Skin shall not be responsible or liable for User Content or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of User Content on the Site. Simply Fab Skin reserves the right to monitor all User Content and to remove any User Content which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Use.

You warrant and represent that:

• you are entitled to post User Content on our website and have all necessary licenses and consents to do so
• the User Content does not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party
• the User Content does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
• the User Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity

You hereby grant to Simply Fab Skin a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your User Content in any and all forms, formats or media.

Disclaimer

To the maximum extent permitted by applicable law, we expressly disclaim all representations, warranties and conditions relating to our Site and the use of the Site (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).  Your use of the Site and Content is at your own risk. The Site and Content are provided on an “As Is or Available” basis.

We do not make any representation or warranties that the Site or its Content:

• Will satisfy your requirements
• Be uninterrupted, available, secure, or error-free
• Will be free of viruses or other harmful components

Simply Fab Skin disclaim all liability and responsibility arising from any reliance placed on the Site and its Content by you or anyone else who might access the Site and its Content. The Site and its Content might include third party content which do not express the views or opinions of Simply Fab Skin. We are not responsible or liable for any third party content provided on the Site. We are also not liable to you or any third party for any damages of any kind arising from accessing the Site and its Content. In no event shall our total liability to you or any third party for all damages and losses whether in contract or tort (including negligence) exceed the amount paid to us for accessing the Site. The above limitation may not apply to you as permitted by applicable law.

You or anyone accessing the Site and its Content may only use the Site for lawful purposes. Per the Terms of Use you agree and accept to not use the Site:

• to harm or expose any user of the site or Simply Fab Skin to liability
• to impersonate any other user (that is not yourself), third party, or Simply Fab Skin
• to send or transmit any advertisement or similar solicitation
• to disable, damage, overburden, or impair the Site in any way
• to use any or introduce any viruses, worms, Trojan horses, robots, spiders, or any other malicious technology that can access the Site to monitor, steal, copy, overwrite, or impair Content on the Site or its users
• to interfere with the operation, performance or output of the Site through any means including attacks on the site such as denial-of-service or distributed denial-of-service
• to attempt to gain unauthorized access to the Site, its Content, or any servers or technology used by the Site or its third parties
• in any way that violates any applicable international, federal, state, local law or regulation or standard

You agree to comply with all applicable international, federal, state, local law or regulation or standard when using the Site and purchasing its products. Simply Fab Skin does not make any statement that the Site or its Content are appropriate or available for use in all locations especially where such access is illegal or prohibited. You are solely responsible for compliance with local jurisdiction.

If any provisions of these Terms of Use are considered void or unlawful, for any reason, you agree that the remaining provisions are still valid and enforceable.

Links

The Site or its Content may include links to third party websites. Simply Fab Skin is in no way responsible or liable for the content, material, and data for any third party websites. The third party websites do not represent the views or opinions of Simply Fab Skin. Use of any third party website link is at your own risk.

Organizations and you may link to our home page, to publications or to other Web site information so long as the link:

• is not in any way misleading
• does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services fits within the context of the linking party’s site
• would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link)
• is linked by an organization that does not have an unsatisfactory record with us
• is linked where the benefit to us from the visibility associated with the hyperlink outweighs the absence of
• is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization
• does not infringe in any copyright, trademark, or intellectual property of Simply Fab Skin or any other third party
• does not violate any applicable international, federal, state, local law or regulation or standard does not cause harm to the Simply Fab Skin organization or any of its users and their respective reputations
• is linked by use of our corporate name or by use of the uniform resource locator (Web address) being linked to or by use of any other description of our Site or material being linked to that makes sense within the context and format of content on the linking party’s site

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Site. You agree to immediately remove all links to our Site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Site, you agree to be bound to and abide by these linking terms and conditions. If you find any link on our Site or any linked web site objectionable for any reason, you may contact us about this at https://www.simplyfabskin.com/contact/ with the subject header “Objectionable Link”. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. While we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. Simply Fab Skin shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disputes

You acknowledge and agree that before initiating any claim against Simply Fab Skin, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to:

Mail: Simply Fab Skin, LLC, PO Box 132315, Spring Texas 77393 (Attn: Dispute)

You agree to negotiate with Simply Fab Skin in good faith about your problem or dispute.

If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after our receipt of your written dispute, you agree to the provisions below:

• You and Simply Fab Skin agree to commence any arbitration proceeding within 1 year after the claim arises and that any proceeding commenced after 1 year shall be barred
• Any problem or dispute relating in any way to your use of the Site, to your purchase or use of any of our products will be resolved by binding individual arbitration, rather than in court
• You understand and agree that you waive your right to use any other resolution processes (such as court action) by agreeing to arbitration
• You and Simply Fab Skin each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This is a class action waiver; you agree and accept to proceed with any claim individually and not as part of a class action. Arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:

Mail: Simply Fab Skin, LLC, PO Box 132315, Spring Texas 77393 (Attn: Legal)

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Simply Fab Skin will reimburse fees for claims totaling less than $10,000 USD unless the arbitrator determines the claims are invalid or frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a location that is mutually agreed upon.

If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. You agree and accept that any legal action or proceeding shall be brought in a Houston, Texas County Court or the United States District Court for the Southern District of Texas and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens.

Products

Simply Fab Skin reserves the right to modify, without prior notice, any specification or price of a product without any obligation to anyone. Simply Fab Skin does not guarantee that the products listed on the Site are accurate, complete, current, and/or error-free. Simply Fab Skin will try to correct errors but it makes no guarantee to anyone that errors will be corrected. We reserve the right to modify, change, or cancel an order even if it has been submitted and charged for any reason we consider fit. If you order is canceled as a result of this Simply Fab Skin will reimburse the full amount paid.

Shipping and Refunds/Returns

Simply Fab Skin reserves the right to modify, without prior notice, any specification or detail of the shipping policy and the refund/return policy without any obligation to anyone. Simply Fab Skin does not guarantee that the policies listed on the Site are accurate, complete, current, and/or error-free. Simply Fab Skin will try to correct errors but it makes no guarantee to anyone that errors will be corrected. We reserve the right to modify, change, or cancel the policies for any reason we consider fit. The most up to date policies can be found in the FAQ section of the Site.

Contact

For questions regarding our Terms of Use please contact us at https://www.simplyfabskin.com/contact/ with the subject header “Terms”.