WELCOME TO THE SESPRING WEBSITE (THE “SITE”)

24k Cosmetics, Inc. dba SeSpring (“SeSpring”) provides the content and services available on the Site (www.sespringskin.com) to you, whether as a guest or a registered user, subject to the following terms and conditions, our Privacy Policy, and any other terms and conditions and policies which you may find throughout our Site in connection with the services,functionality, features, or promotions offered on or through the Site, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

You must be 18 years of age or the age of majority in your jurisdiction to be eligible to make a purchase on the Site.  By accessing or using the Site, you are acknowledging that you are of legal age to form a binding contract with the SeSpring and meet all of the eligibility requirements, and that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH ON THE SITE, YOU MAY NOT USE THE SITE.

1. CHANGES TO THE TERMS AND CONDITIONS

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.

Your continued use of the Sitefollowing the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to timeso you are aware of any changes, as they are binding on you.

2. ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Site, and any service, content, or products we provide on the Site, in our sole discretion without notice. 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 some parts of the Site, or the entire Site, to users, including registered users.

 

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Sitethrough your internet connection are aware of these Terms and Conditions and comply with them.

 

To access the Site or to use certain features of the Site or to complete purchases, you may be asked to provide certain registration details or other information. It is aconditionof your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to us is governed by ourPrivacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

See Section 11 (Your Account)for the terms related to maintaining the security of your account for registered users.

3. PRIVACY

Please review our Privacy Policy for details about our personal information practices.

4. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us.  Please note that we will track the purchases you make through the Site. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

5. PURCHASE-RELATED POLICIES AND PROCEDURES

To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), please visit our FAQ Page and our Shipping & Returns page

6. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, sizes, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. SeSpring therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

7. INTELLECTUAL PROPERTY

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, video, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is owned by SeSpring, its parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as set forth in the limited license in Section 8below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.  If you wish to make any use of the Content or the Site or any portion thereof other than that set out in Section 8 (Limited License), please address your request tohello@SeSpringskin.com.

8. LIMITED LICENSE

We grant you a limited, revocable, non-transferable and non-exclusive license solely for the purpose of accessing and making personal, non-commercial use of the Site. This limited license excludes the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any portion thereof, or any and/or all Content (except caching or as necessary to view the Site for your personal, non-commercial use); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify any Content or modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) use any illustrations, photographs, images, video, audio, or graphics separately from the accompanying text; (f) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; (g) collect account information for the benefit of yourself or another party; (h) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (i) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

We also grant you a limited, revocable, non-transferable and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are associated with or endorsesuch website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 8without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

9. TRADEMARKS

SeSpring’s company name, theterms “SeSpring”, the logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SeSpringor our parents, subsidiaries, our affiliates, partners or licensors. You must not use such marks without our prior written permission.  All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

10. YOUR OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You use the Site only for lawful purposes and in accordance with these Terms and Conditions.

You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material or Content that does not comply with these Terms and Conditions.
• To transmit, or procure the sending of, any advertising or promotional material or similar solicitations.
• To impersonate or attempt to impersonate SeSpring, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
• In any manner that could disable, overburden, damage, or impair the Site or interfere with the proper working of the Site or any other party’s use or enjoyment of the Site, including their ability to engage in real-time activities through the Site, or which, as determined by us, may harm SeSpring or users of the Site, or expose them to liability.
• To monitor or copy any of the material or Content on the Site, including but not limited to the use of any robot, spider, or other automatic device, process, or means to access the Site for any purpose that violates these Terms and Conditions, without our prior written consent.

 

You further agree not to (a) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site, (b) attack the Site via a denial-of-service attack or a distributed denial-of-service attack, or (c) otherwise attempt to interfere with the proper working of the Site.

 

Without limiting the generality of any other provision of these Terms and Conditions, you shall be liable for all losses and damages to SeSpring, our parents, subsidiaries, affiliates, partners or licensorsthat arise from any act or omission by you, whether such act or omission is negligent, reckless, or willful.

11. YOUR ACCOUNT

Subject to the age restrictions in these Terms and Conditions, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us.  You may choose to create an account at our Site if you are over eighteen(18) years of age. Do not register if you are not over eighteen(18) years of age. If you are over eighteen (18) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You also agree to ensure that you exit 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.You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password.  If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your account with us at any time.

We reserve the right to refuse service and/or terminate accounts, including any subscription or membership accounts, without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in SeSpring’s best interests to do so.

12. THIRD-PARTY LINKS

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

 

 

13. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS

The Site may offer certain special features and functionality or events (such as contests, sweepstakes, promotions, or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

14. SUBMISSIONS

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, product reviews, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

When you transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, reviews, ratings and comments about our products, messages or other materials (collectively, “User Content”) on the Site in any manner (including, but not limited to, through the “Reviews” form or the “Contact Us” form), you are entirely responsible for such User Content. Such User Content constitutes a Submission under this Section. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, a SeSpringemployee or representative; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

SeSpring does not assume liability for any reviews, ratings and comments about our products purchased through the Site (“Reviews”) or for any claims for economic loss resulting from such Reviews. Because we expect users to maintain a high level of integrity with respect to Reviews posted through our Site, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with the terms set forth herein. If SeSpring determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review in our sole discretion and without notice.

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SESPRING AND OURparents, subsidiaries, affiliates, partners, licensors, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SESPRING OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SESPRING OR LAW ENFORCEMENT AUTHORITIES.

 

15. DELETION OF USER CONTENT

If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site, please contact us by email at hello@SeSpringskin.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it).  We may not be able to process your deletion request if you are unable to provide such information to us.   Please allow up to 10 business days to process your deletion request.

16. COPYRIGHT INFRINGEMENT NOTICES

We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail (subject line: “DMCA Takedown Request”) or written notice to our designated agent for notices of infringement and provide the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• 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.

YOU CAN CONTACT US FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT AT:

24k Cosmetics

Attn: DMCA Agent

74 Louis St.

South Hackensack, NJ 07606Email: info@SeSpringskin.com

17      DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE.

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED “AS IS” AND “AS AVAILABLE. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SESPRING, OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSE BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE AND SUBJECT TO SECTION 19 (DISPUTES). IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY.  WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

THE foregoing does not affect any liabILity that cannot be excluded or limited under applicable law.

 

18. INDEMNIFICATION

You agree to defend, indemnify and hold harmless SeSpring, our parents, subsidiaries, affiliates, licensors, and service providers, and our respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, losses, damages, judgments, awards, costs, expenses, or fees(including reasonable attorneys’ fees), arising out of or relating to (i) your use of the Site or the Site Content and related services in violation of any law, rule, regulation or these Terms and Conditions, (ii) any part of your User Content, (iii) your use of any information obtained from the Site, or (iv) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

19. DISPUTES

With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New Jersey, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New Jersey. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF SESPRING OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW JERSEYAND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF.  ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.   It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision.  Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

 

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in the federal or state courts in the State of New Jersey and you consent to jurisdiction and venue in said courts for such purposes.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at hello@SeSpringskin.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited license set forth in Section 6 (Limited License), shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

21. GENERAL

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, understandings, agreements, representations, warranties, or other communications, both written and oral, regarding the Site.

We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

All feedback, comments, questions, or any other communications regarding these Terms and Conditions, should be directed hello@SeSpringskin.com.