Terms and Conditions of Use
The Terms of Use apply to your use of JolieV Skin Care LLC’s, doing business as ProMe Skincare (“ProMe Skincare”)’s website located at www.promeskin.com (“this Site”) as well as your use of our Products. Access to this Site is provided to you subject to the following terms and conditions, our Privacy Policy, and other terms and conditions and policies which you may find throughout this Site all of which are considered a part of and included within these terms and conditions (collectively, “Terms and Conditions” or “Terms of Use”). By accessing and/or using this site you consent to these terms and conditions. If you do not agree to these Terms and Conditions, then you are not allowed to access and/or use this Site.
Use of Site
You may access and use this Site if you are over the age of thirteen (13) solely for your professional or personal use in accordance with and subject to these Terms and Conditions. These Terms of Use constitute a contract between ProMe Skincare and you. Please carefully read the following Terms of Use before using the Site. By using this Site, or by purchasing or using our products, or by selling, advertising, or otherwise using our products, you agree to be bound by these Terms of Use. You are granted a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to access and use this Site for non-commercial purposes, subject to your agreement to and compliance with these Terms and Conditions.
You agree to act in good-faith and not to use this Site for any purpose contrary to these Terms of Use. You agree that you will not disable, damage, overburden, or impair this Site, or interfere with any other party’s use of this Site. You agree that you will not breach or attempt to breach any security measures used by this Site. You agree that you will not gain or attempt to gain unauthorized access to this Site, or any systems or networks connected to this Site. You agree that you will not gain or attempt to gain access to any other user’s account and not to access or use this Site in any manner that is prohibited or unlawful.
If you access this Site from outside the United States, you agree that you are responsible for compliance with all local laws relevant to use of this Site, regardless of the provisions of these Terms and Conditions.
You agree that ProMe Skincare may at its sole discretion terminate or suspend your access to this Site at any time without prior notice if ProMe Skincare believes you have violated these Terms of Use and for any other reason (or for no reason).
ProMe Skincare owns or is licensed to use all of the content appearing on this Site, including all text, graphics, images, videos, computer code, trademarks, and other content, as well as the compilation, arrangement, and “look and feel” of such content (“Content”).
The Content may only be used in accordance with our guidelines and with our written permission. Setting up businesses, registering domain names, or using social media usernames that contain the ProMe Skincare name, any of our Product names, or derivatives of these names is strictly prohibited.
You may not use ProMe Skincare, our product names as keyword terms in pay-per-click advertising programs, or in the descriptions of such programs.
ProMe Skincare may modify, alter, or update our Content at any time without prior notice.
You agree that you may not use any Content, including copying, modifying, distributing, performing, displaying, or transmitting any Content; registering domain names containing ProMe Skincare, ProMe Skincare product names, and purchasing keywords containing them without ProMe Skincare’s prior written consent, except as provided in these Terms and Conditions.
As a ProMe Professional you are invited to view and download our Professional Info & Resources including guidelines for using our professional line of skincare as well as promotional materials ready for use on your own social media pages.
If you are not a ProMe Professional or to request authorization to use any additional Content, please email us using the form on our Contact Us page.
If you are authorized to use any Content, you agree that you will indicate ProMe Skincare owns the Content, and that you will not alter the Content in any way.
As a ProMe Professional, by logging in using your email as the username and your ID# as the password, you agree to use and resell ProMe Skincare products as directed by us. You agree that all ProMe Skincare purchases you make are for your own personal or commercial use and/or for retail sale to consumers, but that you will not make ProMe Skincare products available for online purchase by consumers, but only through you.
Product Information
When describing and displaying our products on this Site we make an effort to be accurate. However, to the extent permitted by law, we do not warrant the product description, displayed attributes, information, packaging, shades or colors, or other content on this Site are current, complete, accurate or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We are not responsible for typographical or other errors, inaccuracies, or omissions. Product descriptions, prices, availability, and promotions are subject to change without notice, and we reserve the right to change or update such information at any time. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
Purchase, Exchange, & Return Policies
Please view our Purchase, Exchange & Return Policies section for detailed policies and procedures regarding ordering, shipping and handling, taxes, payments, replacements, and returns. By using this Site, you agree to abide by these terms and conditions.
Registration and Your Account
ProMe Skincare makes this Site open to all internet users over the age of thirteen (13), but requires that an account be opened to access additional features of this Site including professional resources, prices, and online sales. You may register for our Site if you are a ProMe Professional who has completed our training, by using your email as the username and your unique ID# as the password. If you register or provide information to us, you agree to provide only true, accurate, current, and complete information. You may access and update your account information at any time by logging into your account. If you are unable to access your account because you have forgotten your password, you can request that it be emailed to you. We will not give out passwords over the phone and will not email them to a different email address than the one associated with your account. You understand and agree that it is your responsibility to keep your password confidential. You also agree that you are responsible for all activities under your account, username and/or password, and that you will not allow others to use your account. You agree that ProMe Skincare is not responsible for third party-access to your account resulting from misappropriation of your account information. You agree to immediately notify ProMe Skincare of any unauthorized use of your account information. You agree that you will not use any other person’s account information without that person’s prior written consent.
We reserve the right to terminate your account without prior notice at our sole discretion.
Privacy
Please review our Privacy Policy in order to understand our online information practices.
Third-Party Sites
The Site may contain links to third-party websites. You agree that ProMe Skincare is not responsible for these websites; any terms of use, privacy policies, or information available on these sites; or any products or services available through these sites. You agree that ProMe Skincare is not liable for any or losses, injuries, or other damages you may incur as a result of using these sites.
Contests, Sweepstakes, Surveys, Discounts, Sales, etc.
Please be aware that this Site may from time to time offer events such as contests, sweepstakes, surveys, sales, discounts, etc., and that these may be subject to terms of use, rules and/or policies in addition to or instead of parts of these Terms and Conditions and may be offered either by ProMe Skincare or by third parties. If you decide to participate in these events, you agree that said events will be subject to such additional or separate terms of use, rules and/or policies, including but not limited to privacy policies.
Intellectual Property
All information and content on this Site, as well as the selection and arrangement of the content, including but not limited to trademarks, logos, service marks, text, graphics, icons, images, video, or audio clips, is owned by ProMe Skincare (or its affiliates, partners, or licensors) and is protected by copyright, trade dress, trademark, unfair competition, United States and international laws, including copyright and trademark laws, and/or other laws and may not be used, copied, reproduced, duplicated, sold, resold, accessed, modified in whole or in part except as expressly provided in these Terms and Conditions. All rights in and to the content are expressly reserved by ProMe Skincare.
Posting on the Site
Some portions of the Site may allow you to transmit or post your comments, reviews, and/or opinions (collectively “Comments”). We do not monitor all Comments that are posted on this Site nor do we endorse or control the Comments transmitted or posted. By using this Site, you may be exposed to Comments that are offensive, indecent, or objectionable to you. You agree that we shall not be liable in any way for Comments, including, without limitation, for any errors or omissions, or for any loss or damage resulting from Comments. We have the right, but not the obligation to edit or remove any Comments that you submit to this Site, as we see fit, including but not limited to Comments which we deem abusive, obscene, defamatory, unlawful, objectionable, or otherwise inappropriate.
You may post reviews on this Site and send us emails, either through the Site or otherwise, provided they are not defamatory, abusive, offensive, harassing, or otherwise objectionable, do not contain false or misleading information about ProMe Skincare’s products, and do not constitute commercial solicitations. You agree that ProMe Skincare is under no obligation to treat any unsolicited suggestions for improvements, changes, or other modifications to our products or services as confidential or proprietary.
We may delete or destroy your Comments at any time without liability or obligation to you. You are solely responsible for your Comments. We disclaim any and all liability for use of any information whatsoever that you post. By submitting Comments to this Site, you hereby grant to ProMe Skincare its affiliates and related entities a non-exclusive unrestricted, worldwide, perpetual, irrevocable, royalty-free, fully assignable right and license to use, copy, exploit, and display all such Comments in any form, including but not limited to the right to use your first name, city and state, and other information that you publicly post.
Copyright Infringements
If you are a copyright owner or an agent for such owner and you believe that any Comments or other user content on this Site infringe upon your copyrights, you may notify us by providing the following information in writing:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed;
(3) Identification of the material(s) that is claimed to be infringing;
(4) Description of the location on the Site of the allegedly infringing material(s);
(5) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(6) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(7) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be obtained by sending a request using the directions provided in the Contact Us page of this Site. If you do not comply with all of the above requirements, your notice may not be valid.
Indemnification
You agree to indemnify and hold harmless ProMe Skincare, its shareholders, officers, directors, employees, agents, successors, licensees, and/or affiliates from and against any and all claims, actions, demands, liability and costs, including, without limitation, reasonable attorney’s fees, in connection with any claim arising out of, or allegedly arising out of, your access or use of the Site, including, but not limited to, a breach of these Terms and Conditions by you or any user of your account and/or a breach of any other legal notice or guidelines on this Site by you or any user of your account.
No Warranties
The Site is provided on an “AS IS”, “AS AVAILABLE” basis. PROME SKINCARE DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THIS SITE. PROME SKINCARE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN CONNECTION WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROME SKINCARE SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY ACCESS INTERRUPTIONS TO THIS SITE, DATA NON-DELIVERY OR DESTRUCTION, DAMAGES OF ANY KIND AS A RESULT OF USAGE OF THIRD-PARTY WEBSITES, COMPUTER VIRUSES, SYSTEMS FAILURE OR MALFUNCTIONS, INACCURACIES OF CONTENT, BUSINESS INTERRUPTIONS AND/OR EVENTS BEYOND PROME SKINCARE’S CONTROL. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, PROME SKINCARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA) RELATED TO THIS SITE OR YOUR USE OF THIS SITE OR ANY OTHER LINKED WEB SITES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF PROME SKINCARE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
YOU AGREE THAT THESE LIMITATIONS ON LIABILITY ARE A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THIS SITE, OR ANY HARM YOU CLAIM TO HAVE SUFFERED AS A RESULT OF USING THIS SITE, IS TO STOP USING THIS SITE.
Notwithstanding the above, you agree that, if ProMe Skincare is found to be liable to you as a result of your use of this Site, your recovery will be limited to injunctive relief if you have not purchased any products from this Site, or to the purchase price of any products you have purchased through this Site, except where prohibited by law.
Remedies
ProMe Skincare reserves the right to take legal action against you as a result of your violation of these Terms of Use. You agree that any violation of these Terms of Use would cause ProMe Skincare irreparable harm and, as a result, you consent to ProMe Skincare obtaining injunctive relief to remedy such violation in addition to any other relief to which ProMe Skincare is entitled. You also agree that, if ProMe Skincare takes action against you for violating these Terms of Use, ProMe Skincare will be entitled to recover, and you will pay, all reasonable costs and attorney’s fees incurred by ProMe Skincare in connection with such action in addition to any other relief to which ProMe Skincare is entitled.
Modification of Terms and Conditions
We may at our sole discretion modify these Terms and Condition or add additional conditions that govern your usage of this Site at any time by posting the modifications or additions on this Site. You are responsible for regularly reviewing the most current Terms and Conditions. Any changes will be effective upon posting. Your continued use of this Site after we post revised Terms and Condition constitutes your agreement to any and all such revised terms. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. Additionally, we may modify the use of all or any portion of this Site at any time for any reason and without notice or liability, and we may, with or without notice to you, change any services that may be offered on this Site.
Governing Law and Jurisdiction
This Site is hosted by a server located in the United States and these Terms and Conditions are governed by the laws of the State of Illinois, USA, except for its conflict of laws provisions. We make no representation that any content on this website is appropriate or available for access or use outside of the United States. Users who decide to access this site from other locations do so at their own risk and are responsible for abiding by local laws, if and to the extent local laws are applicable. Any dispute arising out of or relating to any access or use of this website or to these Terms and Conditions will be subject to the exclusive jurisdiction and venue in the state and federal courts located within the state of Illinois. You hereby expressly submit to the personal jurisdiction and venue of such courts.
General
You agree that these Terms and Conditions and any other terms and conditions that may appear on this Site constitute the complete and exclusive agreement between us concerning your use and access of this Site, and supersede and govern all prior proposals, agreements, or other communications, terms, conditions, and understandings, both written and oral, with respect to such use and access of this Site. You agree to receive notices relating to this Site and/or these Terms and Conditions electronically, including but not limited to, e-mail or posting on this Site. Any such notice shall be deemed given and received on the day it is sent or posted. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or joint venture between us. Our failure to enforce performance by you of any provision of these Terms and Conditions shall not constitute a waiver of any provision or right. If any portion of these Terms and Condition is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms and Conditions shall remain in full force and effect.
You agree that, in the event of any dispute between ProMe Skincare and you relating to this Site, the parties will attempt, promptly and in good faith, to resolve the dispute. You agree that, if the parties are unable to resolve the dispute within a reasonable time, not to exceed 30 days, the parties may agree to submit such dispute to mediation or arbitration. You further agree that, if the parties do not agree to submit the dispute to mediation or arbitration, or if the dispute cannot be resolved through mediation or arbitration, the parties may pursue any right or remedy available to them under applicable law.
You agree that any cause of action that you may wish to bring arising out of or related to these Terms and Conditions and/or this Site must be commenced within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use this Site or export the content in violation of U.S. export laws and regulations.
Contact Us
If you have any questions, comments, or concerns, please email us using the form on our Contact Us page.