Términos del servicio

These Terms and Conditions (“Terms”) are an agreement between You (“You,” “Your”) and LBH Skincare, LLC, a Texas Limited Liability Company (“Company”).  These Terms shall be incorporated into any agreement or order pursuant to which you purchase any products or services (collectively, “Products”) of Company and accept the Terms and Conditions as part of the transaction. The parties to this agreement may be referred to as a “Party” or collectively as “Parties.”

PLEASE READ THESE TERMS CAREFULLY BECAUSE IT CONTAINS A LIMITATION OF LIABILITY AND RELEASE OF CLAIMS AGAINST COMPANY AND OTHER IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS.

The Terms may only be amended with mutual written agreement of the Parties that is signed by the President or Chief Executive Officer of the Company.

You represent and warrant that (i) You have read and understand the Terms and (ii) You agree to the Terms.

1. Payment. You agree to pay for the Products that You order at the price and terms quoted to you either on Company’s website, mobile application, or by other means. You further agree and authorize the Company to use Your card number on file to pay for Products and any associated fees or taxes without any subsequent or additional confirmations by You. 

2. Termination. You agree that Company may terminate the Terms at any time and terminate or suspend Your access to its website or mobile application, and refuse to sell you Products at any time and for any reason.

3. WARRANTY. THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

4. LIMITATIONS OF LIABILITY. YOU WAIVE AND RELEASE COMPANY, ITS OWNERS, OFFICERS, OR EMPLOYEES FROM LIABILITY FOR ANY PAST, PRESENT, OR FUTURE INCIDENTAL, CONSEQUENTIAL, NOMINAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATING TO THE PRODUCTS, INCLUDING ATTORNEYS FEES, INDEMNIFICATION, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. YOU AGREE THAT THE ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS BROUGHT AGAINST COMPANY, ITS OWNERS, OFFICERS, OR EMPLOYEES RELATING TO THE PRODUCTS, INCLUDING ATTORNEYS’ FEES, SHALL NOT EXCEED $1,000. THIS SECTION SHALL SURVIVE TERMINATION.

5. WAIVER AS TO INDIVIDUAL LIABILITY. YOU AGREE TO WAIVE AND RELEASE ALL LIABILITY AND CLAIMS AGAINST THE OWNERS, OFFICERS, EMPLOYEES, MANAGERS, AND AGENTS OF THE COMPANY TO THE EXTENT SUCH CLAIMS RELATE TO THE PRODUCTS. 

6. Indemnification. You agree to indemnify, defend and hold Company and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising from or relating to the Products. The limitation of liability provisions in Paragraph 4 do not apply to Your indemnification obligations. 

7. Governing Law and Venue. These Terms will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of the Products will be brought solely in Dallas, Texas. You agree to waive your right to a trial by jury.

8. Arbitration. Other than claims asserted by Company against You to collect funds for the Products, any dispute, controversy or claim arising out of or related in any manner to the Products which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in Dallas, Texas. The arbitration shall take place before a panel of one (1) arbitrators sitting in Dallas, Texas. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes between the Parties relating to the Products in accordance with the laws of the State of Texas, including whether the dispute is subject to this arbitration provision or is otherwise required to be arbitrated by either Party. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. Any claim shall be brought individually on behalf of the person or entity seeking relief, not on behalf of a class or other persons or entities not participating in the arbitration, and shall not be consolidated with the claim of any person who is not asserting a claim arising under or relating to this contract. The arbitrators shall determine whether a given dispute between the Parties is required to be arbitrated subject to this section. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Products, except that a Party may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction in Dallas, Texas if in its reasonable judgment such action is necessary to avoid irreparable harm.

9. Assignment. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party. Notwithstanding the foregoing, Company may assign this agreement in its entirety, without consent of the other Party, to its Affiliates or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

10. Severability. If any provision or portion of these Terms shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

11. Communication. You agree and consent to receive communications from the Company via text, email, and through messages on our software application, expressly including communications for marketing purposes. Consent to these terms is not a condition of purchase. Message and data rates may apply.

12. Headings; Construction. The headings/captions appearing in these Terms have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. These Terms is the result of negotiations between the Parties and their counsel. Accordingly, these Terms shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.

13. Survival. Each term and provision of these Terms that should by its sense and context survive any termination or expiration of these Terms, shall so survive regardless of the cause and even if resulting from the material breach of either Party to these Terms, expressly including but not limited to 4 (Limitations of Liability), 5 (Waiver as to Individual Liability) 6 (Indemnification), 7 (Governing Law and Venue), 8 (Arbitration), 9 (Assignment), and 12 (Communication).

14. Waiver. The failure of either Party to enforce any provision of these Terms shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of these Terms thereafter.

Entire Agreement; Modification. These Terms and any corresponding order for Products shall constitute the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. These Terms may be modified from time to time by Company, said modifications or amendments becoming effective immediately upon acceptance by You.

Last updated 4/30/2024