Terms & Conditions
Terms & Conditions
Effective as of July 2023
Access from Outside the United States
This Website is operated by Hair & Skin Foundation from the United States and any data that we collect is sent to us and our servers located in the United States. We make no representation that our Website or its content is appropriate or available for use in locations other than the United States. If you choose to access our Website from locations other than in the United States, you do so at your own initiative and at your own risk and are responsible for complying with applicable local laws.
SMS Marketing Program, Terms and Conditions
By consenting to Hair & Skin Foundation’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://foundationskincare.com/pages/contact-us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Permitted Uses; Limited License
You may not purchase any products for resale purpose.
Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accuracy of the information on our Website, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of our Website or its content. It is possible that our Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to our Website by third parties. If an inaccuracy arises, please inform us so it can be corrected. Information contained on our Website may be changed or updated without notice.
You may elect to create an account with Hair & Skin Foundation, but you must be at least 18 years old to do so. By opening an account, you represent and warrant that you are at least 18 years old. You are responsible for all use of your account and all activity under your account. You represent that all account information provided to us is yours and is accurate.
Misuse of Website
Harassment in any manner or form on our Website, including via email, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hair & Skin Foundation or other licensed employee, host, or representative, and other members or visitors on our Website is prohibited. You may not upload to, distribute, or otherwise publish through our Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law. You may not upload commercial content on our Website or use our Website to solicit others to join or become members of any other commercial online service or other organization.
All products are shipped via our third-party delivery company. Title and risk of loss for all products transfers to you on shipment. If any shipment is lost or damaged, please let us know and we will assist you in working with our delivery company. For additional information on our shipping, please visit our Shipping Policy.
We may limit or terminate your use of this Website at any time, for any reason or no reason, in our sole discretion.
Intellectual Property Rights
Our Website, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Hair & Skin Foundation or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Hair & Skin Foundation or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. Our Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2022 Hair & Skin Foundation, LLC. All rights reserved.
This Website and the content on this Website are provided “as is” and without warranties of any kind, whether express or implied.
Warranties relating to products offered, sold and distributed via this Website are subject to separate warranty terms and conditions. Information on our Return Policy is located here.
To the fullest extent permissible pursuant to applicable law, Hair & Skin Foundation disclaims all warranties, express or implied, with respect to this Website, its content and products sold via our Website, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Hair & Skin Foundation does not represent or warrant that our Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website is free of viruses or other harmful components. Hair & Skin Foundation does not make any warrantees or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither Hair & Skin Foundation, nor our subsidiaries, affiliates or licensors, are liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or the inability to use, this Website, the materials on this Website, or information available through this Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Hair & Skin Foundation has been advised of the possibility of such damages. In any event, the maximum amount you can recover from us is one hundred dollars ($100.00), even if such remedy should fail of its essential purpose. If you are displeased with our Website you should simply cease using it. This limitation is a material element of our contract.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Our liability in such jurisdictions will be limited to the extent permitted by law.
Delivery of Notice
We may deliver notice to you by means of email, a general notice on our Website, or by other reliable methods to the address you have provided to us.
Choice of Law; Jurisdiction; Venue
Your use of this Website will be governed in all respects by the laws of the State of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods, which is disclaimed in its entirety. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website will be in the state or federal courts located in Maricopa County, Arizona. You further agree and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.
Limitation on Period to Bring Claims
Any cause of action or claim you may have with respect to our Website must be commenced within one (1) year after the claim or cause of action arises.
Assignment and Delegation of Rights
This Website may link to websites operated by third parties. However, even if the third party is affiliated with Hair & Skin Foundation, we have no control over these linked websites, all of which have separate terms and conditions of use and/or privacy and data collection practices independent of Hair & Skin Foundation. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hair & Skin Foundation seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for websites it links to as well (including if a specific link does not work).