TERMS OF SERVICE
Date of Last Revision: November 16, 2019
Welcome to Kura Inc. (Kura Skin)! Kura Skin (“Company”, “we”, “us” and “our”) provides its services (described below) to you through its website located at www.kuraskin.com (the “Site”). The following Terms of Service ("Terms") form a binding agreement between you and us, and govern your use of the Site, the services offered through the Site, and your purchase of the membership and products sold through our services (collectively, the “Service(s)”).
IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), PLEASE READ WITH YOUR PARENT OR GUARDIAN.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
Site Not for Minors
By agreeing to these Terms of Service, you represent that you are of legal age (18 years of age or older). If you are under 13 years of age, you are not authorized to use the Service. In addition, if you are under 18 years old, you may use the Service only with the approval of your parent or guardian after they have read and agreed to these Terms.
No Professional Advice Rendered
You acknowledge that any information offered through the Service (e.g. product descriptions or instructions) or otherwise to you by us is intended for informational purposes only. Any information provided by the service is not meant to serve as a substitute for professional advice. This web site does not offer medical advice, or attempt to diagnose or treat any skin problem, disease, or skin condition. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. If you have a medical problem with your skin, please make an appointment to see a dermatologist. Discontinue using any product that causes irritation (redness, itching, burning, scaling, soreness, or other symptoms) and seek medical attention.
License to use the Site
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend. We reserve the right to monitor the Service for the purpose of determining that your usage complies with these Terms.
Rules of conduct
Without limitation, you will not, directly or indirectly:
- Copy, modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part;
- Violate, misappropriate or infringe a third party right, including any intellectual property, proprietary right, or any social media platform terms;
- Interfere with, tamper with, reverse engineer, or damage the Service or Site, or any underlying technology;
- interfere with, or disrupt, any other user's use of the Service or Site;
- Attempt to obtain unauthorized access to the Service or Site;
- Impersonate any person or entity;
- Engage in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation, use the Service or Site commercially or in a way that involves commercial activities and/or sales without our prior written consent.
ACCESS AND USE OF THE SERVICE
You may simply browse the Site as a visitor or you may create an account ("Account") to become a customer ("Member(s)"). You must be a Member to place an order.
Registration and member account
If you create an account, you must provide us with complete and accurate information, and you may not use any aliases or other means to mask your true identity. We will also ask you for additional information about your physical characteristics and skincare concerns and preferences in order to establish your skin profile ("Skin Profile"). In order that the Services work best for you, please keep your Skin Profile up to date.
You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You may not use anyone else's Account at any time without the permission of the Account holder.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Modifications to Service
Kura Skin may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Kura Skin may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Kura Skin will not be liable to you or any third-party for any termination of your access to the Service.
We offer various subscription membership plans (each, a “Membership”). A membership consists of a seasonal Box of some products chosen by Kura Inc., at its sole discretion. Boxes are sent out as a one time shipment ("Just Once") or as a quarterly shipment ("Every 3 months").
If you sign up for a Membership with shipments Every 3 months, you will be immediately billed the Membership price (as a non-refundable minimum purchase) and that season’s Box will be the first box you receive. Thereafter, your credit card will be charged the Membership price up to four weeks in advance of the subsequent seasonal box shipment date, and every season thereafter (so, four times a year).
YOU ACKNOWLEDGE AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH SEASON (I.E. CALENDAR QUARTER) UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
Customers may cancel at any time, subject to the time frames below. We do not place “holds” on Memberships.
In order to cancel your Membership, you must do one of the following:
(a) email us at email@example.com, indicate that you wish to cancel and follow the instructions that we send you in response;
(b) log into My Account, navigate to Go to Account Settings, choose “Cancel”, and follow the instructions;
There are no cancellation fees. Cancellations must be effected prior to the billing date of the Membership renewal. For Seasonal Memberships, this means that you must cancel before the billing date for the next Season.
PRICING AND PROMOTIONS
Pricing for Memberships can be found on Kura Skin’s then-current pricing page located on the Site at: https://kuraskin.com/pages/plan. The price that we will charge you for the Membership will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. We reserve the right to change prices for Memberships at any time, and do not provide price protection or refunds in the event of promotions or price decreases.
We may offer additional products that Members may add to that season’s Box (“Extras”). Extras are billed approximately at the same time as payments for Seasonal Boxes. Extras may be shipped at the same time as your regular Boxes.
You are solely responsible for the payment of state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Kura Skin may offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Kura Skin at any time in its sole discretion.
TERMS OF SALE
The following terms apply to your purchase of the products offered on the Site, whether by way of a Membership, Extra product, or otherwise (“Products”).
Your order is an offer to buy Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
If we decline to accept your order, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier.
We have the right to refuse or limit any orders, limit quantities, and Memberships. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion.
Damaged or incomplete Shipment
If you receive a damaged or incomplete shipment of Products please contact us within thirty (30) days of receipt. Any replacements are made solely in our discretion.
Returns and exchanges
Curated Products: Unless otherwise noted, at the time of purchase, you may return or exchange any product purchased for a refund in the case of an unopened product or credit in the case of an opened product. Gift Cards cannot be returned. You must return any eligible item within thirty (30) calendar days of the delivery date. Items must be in the original packaging (including, if possible, the original delivery box).
Personalized Routines: Unless otherwise noted, at the time of purchase, you may exchange any product purchased within your curated routine. You must return any eligible item for exchange within thirty (30) calendar days of the delivery date.
Process: To return or exchange an eligible item, you can request a return label by contacting Customer Service at firstname.lastname@example.org. After your item is received and inspected, in most cases your refund will be processed and a credit will be automatically applied to your credit card or original method of payment. For returns related to products purchased during certain events, such as private sale events, your refund may be credited in the form of an electronic gift card, as noted at the time of purchase. Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied to post to your account. Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price plus applicable sales tax (if any). If a Gift Card was utilized in the original purchase, we will issue a new Gift Card for the value of the return refund. If the credit card used in connection with the purchase is expired or invalid, the refund will transfer over to your new card if it is with the same bank. If this is not possible, we will issue a check to the billing address on the credit card.
You authorize us (and any payment processor) to charge your payment card for all orders you place through the Site (each such purchase, a “Transaction”), including regularly for Memberships. To become a Member you may be asked to supply certain information relevant to your order including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We accept the forms of payment (“Payment Method(s)”) stated on the Site and, for credit card payments, charge your credit card when your order is processed. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Kura Skin the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, Kura Skin reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all content on the Site, or otherwise made available via the Site, including materials, text, images, videos, graphics, logos, and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Kura Skin. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site or the App. All rights not granted under these Terms are reserved by Kura Skin.
By submitting or uploading any content through the Service (“User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you grant Kura Skin a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Content you submit.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without incurring obligations of confidentiality, attribution or compensation to you. In addition, if you wish to share feedback with us about Products, pricing, ordering, delivery or other customer service issues, please contact us directly via email@example.com.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. KURA SKIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KURA SKIN MAKES NO WARRANTY THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. NOR DO WE MAKE ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR THAT THIS SITE OR THE APP OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; NOR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
KURA SKIN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR SERVICE IS CORRECT, ACCURATE OR RELIABLE; THAT THE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON THE SITE OR SERVICE IS ACCURATE OR COMPLETE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
LIMITATION OF LIABILITY
You understand that to the extent permitted under applicable law, in no event will Kura Skin or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. In any event, our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the total amount of your orders in the three (3) months prior to the date of the event giving rise to our alleged liability. You hereby acknowledge that the preceding paragraph shall apply to all content, Products and Services available through the Site and that Kura Skin would not have provided the Products and Services but for your agreement with this liability limitation.
Because some states or jurisdictions may not allow limitation on the duration of implied warranties, or limitations on or exclusions of consequential or incidental damages, certain provisions of the foregoing paragraph may not apply to you.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Kura Skin will have no liability or responsibility with respect thereto. Kura Skin reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Arbitration Agreement will continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
Survival. This Arbitration Agreement will survive the termination of your relationship with us.
Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit exclusively to the personal jurisdiction of the courts located within Los Angeles County, California for such purpose.
Kura Skin may issue a warning, temporarily suspend, indefinitely suspend or terminate any Member’s right to use or access all or any part of the Site or Services including any account thereon, without notice, for any reason in Kura Skin’s sole discretion, including without limitation breach of this Agreement, Kura Skin’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Kura Skin or another user of the Services, or no reason at all. If we terminate for no reason your right to access the Site, we will fulfill our obligations to you related to any order outstanding at the time of termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate.
These Terms of Service constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Kura Skin will not be responsible for failures to fulfill any of its obligations due to causes beyond its control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. These Terms may not be modified by an oral statement by a representative of Kura Skin. A failure of or delay in Kura Skin exercising or enforcing any right or provision of this Agreement shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.
The Site is controlled and offered by Kura Skin from the United States of America. Kura Skin makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
2633 Lincoln Blvd. Ste 1050 Santa Monica, California 90405
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR SERVICES OR PRODUCTS.