Terms & Conditions

By accessing, using, or viewing the Kate Somerville Website (the “Website”) or any of its services, functions or contents, you agree to each of the following terms, conditions and notices which govern your use of the Website and your purchase of products on the Website. The terms “we,” “our,” and “us” refer to Kate Somerville Skincare, LLC and not Skin Health Experts, LLC or Skin Health Medical Corporation.

INTELLECTUAL PROPERTY

It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The entire contents of the Website, including but not limited to any associated text, software, photos, video, graphics, audio and other materials, and the selection and arrangement of all of the foregoing, are protected by United States and international copyright laws. Additionally, all trademarks, logos, trade dress and service marks on the Website, including without limitation KATE SOMERVILLE and the Kate Somerville logo, are either trademarks or registered trademarks of Kate Somerville Skincare, LLC and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We own or license the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, trade dress and products on the Website (“Content”). Except for accessing the Website in accordance with these Terms and Conditions for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without our express written permission or, in the case of content licensed by us from third parties, the entity that is credited as the copyright holder of such licensed content. Except as set forth above, nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without our written permission. Any and all rights not expressly granted herein are reserved by us. The Website and the information contained and referenced herein are for informational purposes only. Request for permission to reproduce any information contained on the Website should be addressed to us at the address listed on our Contact Us web page.

USE OF THE WEBSITE

The Website is to be used by you for your personal use only. Commercial uses of this Website are strictly prohibited unless prior written consent from us has been granted. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Website. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any contents or information contained therein, unless you obtain prior express written consent from us. You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the Website or any Content to any country or otherwise use the Website or any Content in violation of any applicable export or other laws and regulations of the U.S. or any other country. You agree not to use the Website or the Content to: (i) restrict or inhibit others from using and enjoying the Website; (ii) gain unauthorized access to other accounts on the Website, or other computer systems or networks; (iii) store, collect or disclose any information except as strictly necessary to use the Website; (iv) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact; (v) frame or utilize framing techniques to enclose www.katesomerville.com or any portion thereof; (vi) collect account information for the benefit of yourself or another party; and (vii) use any meta tags or any other “hidden text” utilizing our name or the trademarks or to otherwise use the trademarks. You agree not to use the Website or the Content to transmit or upload: (i) unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation; (iii) any material that violates or infringes the rights of third parties; (iv) any virus, worms, time bombs or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and (v) any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortious, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent. Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Website. You, and not Kate Somerville Skincare, shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to the Website.

MOBILE TERMS & CONDITIONS

Kate Somerville Skin Care offers its customers mobile alerts regarding Shopping Cart Abandonment messages, Browse Abandonment, Post Purchase, and Alert Suite (Back-in-Stock, Price Drop & Low Inventory) by SMS message (the "Service") on short code 75450. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy

SIGNING UP AND OPTING-IN TO THE SERVICE

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Kate Somerville Skin Care reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

A. Authorize Kate Somerville Skin Care to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us here. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

CONTENT YOU MAY RECEIVE

Once you affirm your choice to opt-in to the Service on short code 75450, your message frequency may vary. You may receive alerts about:

A. Sale promotions

B. Event information

C. Product launch announcements

D. Cart reminders

E. Back in stock alerts

F. Price drop alerts

G. Low inventory alerts

CHARGES AND CARRIERS

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Kate Somerville Skin Care may add or remove any wireless carrier from the Service at any time without notice. Kate Somerville Skin Care and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

TO STOP THE SERVICE

To stop receiving text messages from Kate Somerville Skin Care text the word STOP to 75450 any time or reply STOP to any of the text messages you have received from Kate Somerville Skin Care. After texting STOP to 75450, you will receive one additional message confirming that your request has been processed.

QUESTIONS

You can text HELP for help at any time to 75450.

CHANGES TO TERMS

These Mobile Terms and Conditions are subject to change at any time without notice.

 

AUTO-REPLENISHMENT PROGRAM

 

If you participate in our auto-replenishment program, the following terms and conditions apply specifically to your participation in this program:


•    Participation will continue until cancelled. You may cancel your participation in the program by logging in to your account and selecting “Cancel Replenishment” located under the Manage Subscriptions section. We may, in our sole discretion, terminate your participation in the program at any time without notice to you.


•    You can cancel an upcoming order up to 24 hours before the next order date by logging in to your account and selecting “Cancel Replenishment” located under the Manage Subscriptions section.


•    A recurring charge will be automatically charged to your credit card at the time of each successive shipment. Product selection and the shipment frequency will be in accordance with your preferences elected at the time of program registration or as modified by you from time to time in your account.


•    You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft of your credit card). Changes to such information can be made by logging in to your account and selecting “Manage Subscriptions”.


•    Auto replenishment orders cannot be placed using PayPal, AfterPay, ApplePay, points or a gift card.