Terms and Conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE CAY SKIN, INC. WEBSITE AND SERVICES. THESE TERMS LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US, AND REQUIRE YOU TO WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
This website is operated by Cay Skin, Inc. doing business as Cay Skin (“Cay Skin”, “we”, “us”, or “our”). Cay Skin, as a member of the family of 100.co brands, offers this website, including all information, products and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use our Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We reserve the right to update, change, or replace any part of these Terms of Service at any time at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Without limiting the effectiveness of the foregoing, in the event of certain changes to these Terms of Service, you may be required to assent to a new version of these Terms of Service, and you may be notified by email of such changes. If at any time you find these Terms of Service unacceptable, you must immediately leave our website and cease all use of the Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that: (a) you are at least eighteen (18) years old; (b) you are not located outside of the U.S.; and (c) you are not listed on any U.S. government list of prohibited or restricted parties.
You acknowledge that a breach or violation of any of the terms contained in these Terms of Service may result in an immediate termination of your access to our website and Service.
SECTION 2 - GENERAL CONDITIONS
To the maximum extent permitted by applicable law, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You understand that any information or content that you provide us (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 - ACCOUNTS
Some features of the Service require that you register and create an account. When you create an account with us, you guarantee that you are at least eighteen (18) years old and that the information you provide us is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account and use of the Service. As part of the registration process, you may be issued credentials, usually in the form of a unique username and password (“Account Credentials”). You are responsible for maintaining in strict confidence your Account Credentials, including but not limited to the restriction of access to your device and/or account by third parties.
Your commitment to maintain in strict confidence your Account Credentials is a material condition of your access and use of the website and Service. You agree to accept responsibility for any and all activities or actions that occur under your Account Credentials. You must not allow others to use your Account Credentials, and you agree to notify us immediately if you have reason to believe that someone is using your Account Credentials without your permission or upon becoming aware of any breach of security or unauthorized use of your account. Except to the extent required by law, we will not be liable for any losses arising out of the unauthorized use of your Account Credentials, either with or without your knowledge.
When creating an account, you may not use as a username:
- the name of another person or entity that is not lawfully available for use;
- a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization; and/or
- any name that is offensive, vulgar or obscene.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the website or any component thereof, to block or prevent future access to and use of the website, and to delete your account and any related information.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our website and Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Shipping and Return Policy
SECTION 4 - CONTACT
By providing your personally identifiable information, including without limitation your name, address, phone number, social media username or contact information, email address, and other information that may reasonably identify you, to Cay Skin, you are consenting to be contacted by Cay Skin regarding its products and services by telephone, email, text (per the terms of Section 25 below), or other methods of communication dependent on the information you have provided to us. If you provide us your telephone number, you are explicitly agreeing that we may call you even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. You can opt-in to join our e-newsletter list or SMS Program (as defined below) to receive alerts and promotional information about our products and services. If you no longer want to receive communications from us, you must notify us directly or follow the opt-out instructions found in our communications.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make no, and disclaim all, express or implied representations and warranties as to the accuracy, correctness, usefulness, reliability, thoroughness, or otherwise with respect to our Service and any products and information on the website, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) or delays relating to the Service and information contained on the website. The information presented on or through our website and Service is available solely for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, and we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 6 - PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions and prices of products or services are subject to change at any time without notice, at our sole discretion.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to discontinue any product or service at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of our products or services.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on our website or Service will be corrected. Any offer for any product or service made on this website is void where prohibited.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY AND CO-BRANDED LINKS
This website may contain links to websites operated by persons or entities other than Cay Skin. It may also contain links to co-branded websites operated by Cay Skin’s affiliates (“100.co co-branded operators”). We provide such links for your reference and convenience only. A link from Cay Skin to a third-party website, including to websites of its 100.co co-branded operators, does not imply or mean that we endorse the content on such website or the operator or operations of that website. We are not responsible for examining or evaluating the content or accuracy of any third party links or websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties, including its 100.co co-branded operators. You are solely responsible for determining the extent to which you use any content at any third party website or 100.co co-branded operator websites to which you might link from our website. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAY SKIN IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR 100.CO CO-BRANDED OPERATOR WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE OR 100.CO CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Please review carefully the third party’s or 100.co co-branded operator’s website’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party or 100.co co-branded operator.
SECTION 9 - SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence from accessing or linking the social media features on the Service (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, YouTube, Pinterest, Instagram, TikTok or any of the many other available external third-party social media platforms we may utilize (“External Social Media Presence”).
If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, delete or otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence, (b) to pay compensation for any comments, or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 11 - DMCA/COPYRIGHT POLICY
It is our policy to respect the copyright and intellectual property rights of others. If you upload content on our website, we may remove such content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may, at our sole and absolute discretion, terminate your access to our website and Service if we believe you appear to infringe the intellectual property rights or other rights of others.
We comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that something on our website has infringed your copyright in any material way, please notify the Cay Skin and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material you claim is infringing so that we may locate it on the website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
- a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
- that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by writing to the attention of Cay Skin’s DMCA designated copyright agent who can be reached as follows:
Cay Skin, Inc.
Attention: Cassandra Devor
382 Northeast 191st St.
Miami, FL 33179
Telephone Number: (833)606-1131
SECTION 12 - INTELLECTUAL PROPERTY
The content, organization, graphics, design, compilation, and other matters related to our website are protected under applicable U.S. and international copyright, trademark and intellectual property laws. CAY SKIN™, CAY™, ALL SKIN. ALL LOVE™, ISLE GLOW™, UNIVERSAL MINERAL™, DEEPWATER™, ISLE™, CAY SOL™, the CAY SKIN design logos, and all other logos and marks used in connection to our products and services are either trademarks or registered trademarks of Cay Skin (collectively, the “Trademarks”). Unless disclosed otherwise in writing, we exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within our website and related to our website, and all modifications and derivative works thereof, and all intellectual property rights related thereto (“Intellectual Property”). The posting of information or materials on this website by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You will not challenge, contest or otherwise impair Cay Skin’s ownership of the website and the content therein or the validity or enforceability of Cay Skin’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on our website at any time without notice. Nothing contained in these Terms of Service will be construed by implication, estoppel or otherwise as granting you an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Cay Skin or any third party. None of the material on our website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Cay Skin, which permission may be withheld in our sole and absolute discretion.
SECTION 13 - PERSONALLY IDENTIFIABLE INFORMATION
SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any illegal or unauthorized purpose or in any way that may violate any laws in your jurisdiction; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personally identifiable of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
CAY SKIN DOES NOT WARRANT THE QUALITY, ACCURACY, OR COMPLETENESS OF ANY CLAIMS, STATEMENTS, OR INFORMATION ON THIS WEBSITE. FURTHER, CAY SKIN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION AND/OR PRODUCTS SHOWN ON THIS WEBSITE OR ANY OTHER WEBSITE FOR ANY PURPOSE. ALL PRODUCTS AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IN NO EVENT SHALL CAY SKIN BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PRODUCTS, SERVICE OR CONTENT AVAILABLE ON THIS WEBSITE.
CAY SKIN DOES NOT WARRANT THE INFORMATION, SERVICES, OR PRODUCTS PROVIDED HEREIN OR YOUR USE OF THE SERVICE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS ON THE WEBSITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CAY SKIN WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE. CAY SKIN CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER CAY SKIN, NOR ANY OF ITS AFFILIATES, MANAGERS, MEMBERS, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD-PARTY VENDOR OR 100.CO CO-BRANDED OPERATOR, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF (A) ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE, OR (B) ANY INJURY CAUSED BY THE DATA CONTAINED ON THIS WEBSITE, THE PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE, OUR PRODUCTS OR SERVICES, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CAY SKIN OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES. IN NO EVENT WILL CAY SKIN OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF CAY SKIN OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. CAY SKIN CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF CAY SKIN IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SERVICE, THE CONTENT, OUR PRODUCTS OR THESE TERMS OF SERVICE EXCEED ONE THOUSAND US DOLLARS (US $1,000.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
SECTION 17 - HEALTH INFORMATION DISCLAIMER
Any health related information provided in our Service is provided for informational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider or esthetician. Cay Skin does not endorse or warrant the validity of any such health related statements found on its Service or in any in third party sites referenced in the website. You understand that our products and our Service are not substitutes for treatment or advice of your esthetician, dermatology provider, primary care physician, or any other qualified healthcare professional.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on our Service. Never disregard professional health advice or delay in seeking it because of something you have read on or about our Service and products.
Our products and Service are not intended to diagnose, treat, cure or prevent any disease or skin rash, disorder, acne, scar, or other dermatological condition.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cay Skin and our parent, subsidiaries, affiliates, partners, 100.co co-branded operators, officers, directors, managers, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
The provisions herein related to our Intellectual Property, trademarks, user posts, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Service.
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to these Terms of Service, or your use thereof, will be brought and conducted in Miami-Dade County, Florida, and each user consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him or her as contemplated by this section.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - PROMOTIONAL TERMS
Any and all offers or promotions advertised on the Service are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
SECTION 25 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The SMS Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the SMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS Program, you agree that this SMS Agreement applies to your participation in the SMS Program. By participating in the SMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the SMS Program or no longer agree to this SMS Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the SMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
SMS Program Description: Without limiting the scope of the SMS Program, users that opt into the SMS Program can expect to receive messages concerning the marketing and sale of Cay Skin products. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message frequency varies. The SMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the SMS Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the SMS Program. Opt-outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The SMS Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The SMS Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this SMS Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the SMS Program if you are under eighteen (18) years of age. By using or engaging with the SMS Program, you acknowledge and agree that you are not under the age of eighteen (18). By using or engaging with the SMS Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the SMS Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the SMS Program. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to this SMS Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this SMS Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this SMS Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the SMS Program shall be subject to this SMS Agreement unless explicitly stated otherwise in writing. We reserve the right to change this SMS Agreement from time to time. Any updates to this SMS Agreement shall be communicated to you. You acknowledge your responsibility to review this SMS Agreement from time to time and to be aware of any such changes. By continuing to participate in the SMS Program after any such changes, you accept this SMS Agreement, as modified.
SECTION 26 - DISPUTE RESOLUTION
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE PROGRAM, OUR PRODUCTS, OR ANY TRANSACTION UTILIZING OR RELATING TO, OR THE USE OF, OUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN OR AMONG YOU, US AND/OR OUR VENDORS WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) IN ACCORDANCE WITH JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (THE “RULES”). THE ARBITRATION WILL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE RULES, IN MIAMI-DADE COUNTY, FLORIDA. JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ALL PARTIES WAIVE THE RIGHT, IF ANY, TO OBTAIN ANY AWARD FOR EXEMPLARY OR PUNITIVE DAMAGES OR ANY OTHER AMOUNT FOR THE PURPOSE OR IMPOSING A PENALTY FROM THE OTHER IN ANY ARBITRATION OR JUDICIAL PROCEEDING OR OTHER ADJUDICATION ARISING OUT OF OR WITH RESPECT TO THESE TERMS OF SERVICE, OR ANY BREACH HEREOF, INCLUDING ANY CLAIM THAT THESE TERMS OF SERVICE, OR ANY PART HEREOF, IS INVALID, ILLEGAL OR OTHERWISE VOIDABLE OR VOID. IN ADDITION TO ALL OTHER RELIEF, THE ARBITRATOR WILL HAVE THE POWER TO AWARD REASONABLE ATTORNEYS’ FEES TO THE PREVAILING PARTY. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AGREE ANY DISPUTE WILL BE RESOLVED WITHOUT INCLUDING ANY OTHER THIRD PARTIES INCLUDED AS PARTIES TO THE ARBITRATION PROCEEDING, BE IT AS INDIVIDUALS, AS PART OF A COLLECTIVE ACTION, OR AS PART OF A REPRESENTATIVE CLASS, UNLESS ALL PARTIES TO THE ARBITRATION AGREE TO SUCH CONSOLIDATION AFTER A DISPUTE HAS ARISEN. IF ANY PROVISION OF THESE TERMS OF SERVICE WILL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION WILL BE DEEMED SEVERABLE FROM THESE TERMS OF SERVICE AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. OUR FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS OF SERVICE WILL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR THE RIGHT TO ENFORCE SUCH PROVISION.
Class Action Waiver
BOTH YOU AND YOUR AFFILIATES, ON ONE HAND, AND CAY SKIN AND ITS AFFILIATES (INCLUDING WITHOUT LIMITATION ITS 100.CO CO-BRANDED OPERATORS) ON THE OTHER HAND, AGREE THAT ANY CLAIMS OR CONTROVERSIES BETWEEN OR AMONG US MUST BE BROUGHT AGAINST EACH OTHER ON AN INDIVIDUAL BASIS ONLY. THAT MEANS NEITHER YOU AND YOUR AFFILIATES ON ONE HAND NOR CAY SKIN AND ITS AFFILIATES ON THE OTHER HAND CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING (UNLESS ALL PARTIES AGREE OTHERWISE). THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S OR ENTITY’S CASE CAN ONLY IMPACT THE PERSON OR ENTITY THAT BROUGHT THE CLAIM, NOT OTHER CAY SKIN USERS, CUSTOMERS OR PARTNERS, AND CANNOT BE USED TO DECIDE OTHER DISPUTES WITH OTHER USERS, CUSTOMERS OR PARTNERS. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. HOWEVER, IF FOR ANY REASON ANY COURT WITH COMPETENT JURISDICTION HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN OUR AGREEMENT IN THIS SECTION 26 TO ARBITRATE WILL NOT APPLY AND THE DISPUTE MUST BE BROUGHT EXCLUSIVELY IN THE STATE AND/OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA, AND ALL PARTIES CONSENT TO PERSONAL JURISDICTION OF SUCH COURTS FOR SUCH PURPOSE.
SECTION 27 - CONTACT INFORMATION
If you have any questions about these Terms of Service, you can contact us at:
382 Northeast 191st St.
Miami, FL 33179
Attn: Website Administrator