Date of Last Modification: April 26, 2018
1. The Agreement. Welcome to Atolla Skin Lab’s website (the “Website”). Please read on to learn the rules and restrictions that govern your use of our Website, including the purchase of Products through the Website (the “Services”).
PLEASE NOTE, AS SET FORTH IN SECTION 12, YOU AGREE TO RELEASE ATOLLA FROM LIABILTY RESULTING FROM YOUR USE OF PRODUCTS OFFERED FOR SALE ON THE WEBSITE.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 18BELOW.
2. Modification. Atolla reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our Website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
4. Eligibility. In compliance with the requirements of Children’s Online Privacy Protection Act (COPPA), we do not collect any information from any person under 13 years of age. If you are aged 13 years or younger, you may not download or use our Services or access or provide any Content. If you are 13 or older but under the age of 18, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 13 or older but under the age of 18, you are fully responsible for his or her use of the Services.
5. Acceptable Use. Atolla hereby grants you permission to use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
a.You may only use the Services for personal use. If you wish to create an organizational or business account, please contact Atolla at email@example.com.
b. You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
c. You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.
d.Except as authorized through the Services, you may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the Services’ content using a bot or other tool.
e. You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers. You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including Atolla).
f.You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
6. Atolla’s Skincare Products.
a.Atolla formulates personalized skincare products (each, a “Product”) based on custom skin health analysis. Atolla offers the Products for purchase through the Services as well as in-person during events that Atolla or its partners host.
b. Atolla does not warrant or represent the availability of any Products described on the Services, and the descriptions and availability of the Products on the Services may vary based on location, timing, and other circumstances.
c. We reserve the right, without prior notice, to limit the Order (as defined below) quantity on any Product or service and/or refuse service to any customer.
d. You may not purchase the Products for resale by you or any other person.
e. Before purchasing a Product, you must meet with Atolla in-person at an event for your custom formulation of the Products. At that meeting,you will be required to enter into a separate agreement with Atolla regarding your use of Atolla’s services (the “Related Agreement”). These Terms do not alter in any way the terms or conditions of the Related Agreement. To the extent these Terms conflict with the Related Agreement, the terms of the Related Agreement shall control.
a. Content. The materials displayed or performed or available on or through the Website, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and User Content (all of the foregoing, the “Content”), are protected by copyright and/or other intellectual property laws.
Further, you acknowledge that the Services and Content, including all associated intellectual property rights, are the exclusive property of Atolla and its licensors.
b. License to Services and Content. Conditioned upon your compliance with these Terms, Atolla grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Atolla or its licensors, except for the licenses and rights expressly granted in these Terms.
c. User Content. We may, at our sole discretion, permit you to post, upload, publish, submit or transmit content, including but not limited to certain personal information for pop-up shop reservations (the “User Content”). By submitting any User Content on or through the Services, you grant to Atolla a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, transmit, and stream such User Content, in any media, in order to operate and improve the Services.
d. User Content Representations and Warranties. You acknowledge and agree that you are solely responsible for all User Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. Further, you represent and warrant that all User Content that you contribute to the Services is complete and accurate and that you have authority to post and submit such User Content.
a. Payment and Billing Information. By providing a credit card or other payment method for the purchase of our Products, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”).
b. Unacceptable Payment Methods. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
c. Refunds. Atolla may not provide refunds or credits for any Order placed. If you are dissatisfied with your Order, you may contact Atolla at firstname.lastname@example.org through the contact page on the Website, and Atolla, at its own discretion, may reformulate any Product purchased and send you the new Product in the exact same quantity as your original Order.
d. Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Services are subject to availability, and we reserve the right to cancel all or party of the Services and to discontinue making certain Services available without prior notice.
9.Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that Atolla has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
10. Termination. Atolla may immediately and without notice terminate these Terms and disable your access to the Services if Atolla determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) Atolla believes, in good faith, that such action is needed to protect the safety or property of other users, Atolla, or third parties.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
11. Third Party Content.The Services may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. Such examples are our third party payment processor and third party data collector such as Google Forms. You hereby acknowledge that Atolla does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. Atolla does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. Atolla disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against Atolla with respect to the content or operation of any such third-party websites and services.
12. Disclaimer of Warranties.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AND ANY PRODUCTS YOU PURCHASE AT YOUR OWN RISK. THE SERVICES, PRODUCTS AND CONTENT ARE PROVIDED "AS IS," AND ATOLLA SKIN HEALTH, INC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. ATOLLA SKINCARE, LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
YOU ASSUME THE RISK ASSOCIATED WITH THE PRODUCTS AND YOU HEREBY RELEASE ATOLLA AND ALL OF ITS REPRESENTATIVES FROM ANY CLAIMS, CAUSES OF ACTION, INJURY OR OTHER LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
13. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ATOLLA SKIN HEALTH, INC (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. Notice. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Atolla (a) via email (in each case to the address that you provide) or (b) by posting to the Website.
15. No waiver. The failure of Atolla to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
16. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Atolla’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Atolla may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
17. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
18. Governing Law; Arbitration.These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Cambridge, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Cambridge, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ATOLLA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
19. Entire Agreement.These Terms constitute the entire agreement between you and Atolla regarding your use of the Services, and supersede all prior written or oral agreements
20.Contact us. If you have any questions about the Services, please do not hesitate to contact us at email@example.com.