TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR MAKING A PURCHASE.

This website is operated by IntelliSkin USA, LLC and its subsidiaries and affiliates (collectively, “us”, “we” or “IntelliSkin”). By accessing or using IntelliSkin’s websites, including the purchase of IntelliSkin products (collectively the “Website”), you signify that you have read, understand and agree to be bound by these Terms of Use and Purchase (“Terms of Use” or “Agreement”) and any applicable law. IntelliSkin may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

Purchase of Products

You agree to review our FAQ and any instructions provided regarding the normal use of IntelliSkin products and to use all products solely in accordance with the directions provided. You also agree that if you have a medical condition, you will consult your medical care provider prior to using IntelliSkin products.

Orders

All orders placed by you are subject to this Terms of Use. We reserve the right to reject, decline or cancel your order at any time. If your credit card has already been charged for an order at the time it is rejected, declined or cancelled, we will issue a credit to the credit card account which was charged.

Prices

Prices of products and delivery and other charges displayed on this Website are current at the time of issue, but may be changed at any time without notice and are subject to availability. Stated prices do not include shipping and handling or taxes. You are solely responsible for any sales, local, or similar taxes and duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods, and services taxes imposed on any products ordered by you from this Website. All prices are stated in United States dollars.

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any later time.

Use of Products

By placing an order, you agree and represent that the products ordered will be used only in the ordinary, lawful manner in which they are intended to be used. You further agree not to reverse engineer or deconstruct the products or use them to manufacture or sell competing products or assist anyone else in doing so. You acknowledge that the designs of all IntelliSkin products are exclusively owned by and the intellectual property of IntelliSkin.

Shipping

We will ship your order to the address you provide in compliance with these Terms of Use. You are solely responsible for any inaccurate or incomplete shipping information. All products are shipped by USPS or another reputable carrier we may choose from time to time. In the event your order is lost during shipping, we will assist you in pursuing a claim with USPS or the appropriate carrier, but we will not be liable for any orders which are lost during shipping or misdelivered.

Accuracy of Information

IntelliSkin attempts to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or timeliness of any information on this Website. For example, products included on the Website may be unavailable and/or may have different attributes than those listed on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Limited Warranty/Returns

Only IntelliSkin products purchased directly from IntelliSkin may be returned or exchanged through IntelliSkin. All products may be returned within thirty (30) days of delivery if they are in perfect, clean (not worn or washed), re-sellable condition with original packaging. After a product has been washed, it may be returned only if it is defective and only within ninety (90) days of delivery. Defective products are products which have been shown to be defective after normal use and care and not after any misuse, abuse, neglect or alteration. Please carefully review our Returns and Exchanges Policy. Product exchanges are subject to inventory availability at the time of the exchange. To return a product, you must contact IntelliSkin for a return authorization by emailing customer service. Following receipt of an authorization, returns must be shipped to IntelliSkin, Attn: Returns, 20062 SW Birch St, Suite 320, Newport Beach, CA 92660.
Disclaimer of product warranties: IntelliSkin makes no other express or implied warranty with respect to any product other than the limited warranty set forth above. No IntelliSkin dealer, agent, or employee is authorized to make any modification, extension, or addition to this warranty. Unless unenforceable or unlawful under applicable law, IntelliSkin disclaims all implied warranties, including the implied warranties of merchantability, non-infringement, and fitness for a particular purpose, and the liability of IntelliSkin, if any, for damages relating to any allegedly defective product shall under any tort, contract, or other legal theory be limited to the actual price paid for such product and shall in no event include incidental, consequential, special, or indirect damages of any kind even if IntelliSkin is aware of the possibility of such damages. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Intellectual Property

All intellectual property on the Website is owned by IntelliSkin, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the IntelliSkin name) are trademarks or registered trademarks of IntelliSkin. The designs of all IntelliSkin products are the intellectual property of IntelliSkin. All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of IntelliSkin. All rights reserved.

Website Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase IntelliSkin products. Any other use is prohibited unless agreed to by IntelliSkin in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website without IntelliSkin’s prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Links

The Website may contain links to websites operated by other companies. IntelliSkin does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. IntelliSkin is not responsible for the content or policies of linked websites and you access such websites at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless IntelliSkin, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of Content, your use of the Website, your conduct in connection with the Website, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.

Warranty Disclaimer

The website, content, and the materials and products on this website are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, IntelliSkin disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. IntelliSkin cannot guarantee and does not promise any specific results from use of the website. IntelliSkin does not represent or warrant that the website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes the website available are free of viruses or anything else harmful. To the fullest extent permitted by law, IntelliSkin does not make any warranties or representations regarding the use of the materials or content in the website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain content at your own risk, and that you will be solely responsible for your use and any damage to your property, loss of data or other harm of any kind that may result. IntelliSkin reserves the right to change any and all content and other items used or contained in the website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

IntelliSkin shall not be liable for any direct, special, incidental, indirect, or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, this website or the performance of the products purchased through the website or the conduct of other website users (whether online or offline) or attendance at an IntelliSkin event, even if IntelliSkin has been advised of the possibility of such damages. You assume total responsibility for your use of the website. Your only remedy against IntelliSkin for use of the website or any content is to stop using the website. That said, if IntelliSkin is found to be liable to you for any damage or loss which is in any way connected with your use of this website or any content, IntelliSkin’s liability shall not exceed US $100.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Miscellaneous

You agree that this Website shall be deemed a passive website solely based in California, which does not give rise to personal jurisdiction over IntelliSkin in jurisdictions other than California. You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and IntelliSkin shall be governed in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of IntelliSkin products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles County, California. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Los Angeles County, California. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of IntelliSkin products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive certain electronic communications from IntelliSkin. You agree that any notice, agreement, disclosure or other communication that IntelliSkin sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. IntelliSkin’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. IntelliSkin may assign its rights and duties under this Agreement to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable. Last Updated: 03/03/2014