Terms of Service

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/24/2015.THIS IS A LEGALL BINDING AGREEMENT.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Beautcella Inc., also known as the Company, located at 630 Fifth Avenue, Suite 2000, New York, New York 10111 USA and our subsidiaries and affiliates, in association with the use of the website, which includes www.DiSkincare.com (the "Site") and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website, to market and sell to the general public skin-care and cosmetic products.

Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Beautcella Inc.. At its discretion, Beautcella Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Beautcella Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user , acknowledge, accept and agree that Beautcella Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Beautcella Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the U.S. (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:\

  • are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  • agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  • agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  • agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Beautcella Inc. shall not lay claim to ownership of any content submitted by any visitor or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Beautcella Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  • The content submitted or made available for inclusion on the publicly accessible areas of Beautcella's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Beautcella Inc.'s sites, and shall terminate at such time when you elect to discontinue your membership.
  • Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Beautcella's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Beautcella Inc.'s sites and shall terminate at such time when you elect to discontinue your membership.
  • For any other content submitted or made available for inclusion on the publicly accessible areas of Beautcella's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

    Those areas which may be deemed "publicly accessible" areas of Beautcella Inc.'s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to visitors  .

     

    CONTRIBUTIONS TO COMPANY WEBSITE

    Beautcella Inc. provides an area for our users  to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

    • your Contributions do not contain any type of confidential or proprietary information;
    • shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
    • shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
    • the contributor's Contributions shall automatically become the sole property of ; and
    • is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

     

    INDEMNITY

    All users herein agree to insure and hold Beautcella Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a  user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of   Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

     

    COMMERCIAL REUSE OF SERVICES

    The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.

     

    MODIFICATIONS

    Beautcella Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

     

    ADVERTISERS

    Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Beautcella Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

     

    LINKS

    Either Beautcella Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Beautcella Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

     

    PROPRIETARY RIGHTS

    You do hereby acknowledge and agree that Beautcella Inc.'s Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Beautcella Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Beautcella Inc. Services (e.g. Content or Software), in whole or part.

    Beautcella Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Beautcella Inc. for use in accessing our Services.

     

    PRODUCT DESCRIPTIONS

    The Company attempts to be as accurate as possible when describing its Products. However, the Company does not warrant that Product descriptions (or other Content contained on the Site) are accurate, complete, reliable, current or error free. If a Product offered by the Company is not as described, your sole remedy is to return it in unused condition, subject to our Returns and Exchange Policy, which can be found Here. We have made every effort to display as accurately as possible the colors of our Products that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.

     

    MEDICAL DISCLAIMERS

    The Content, statements, Products and other material made available by and through the Company: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. You should always consult with your physician or other healthcare professional before adopting any treatment for a health problem, whether offered on the Site or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with the Company offerings.

     

    WARRANTY DISCLAIMERS

    YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

    • THE USE OF BEAUTCELLA INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. BEAUTCELLA INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    • BEAUTCELLA INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) BEAUTCELLA INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) BEAUTCELLA INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BEAUTCELLA INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
    • ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF BEAUTCELLA INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
    • NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BEAUTCELLA INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
    • A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

     

    LIMITATION OF LIABILITY

    YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BEAUTCELLA INC. AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

    • THE USE OR INABILITY TO USE OUR SERVICE;
    • THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
    • UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
    • STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
    • AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

     

    SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

    Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Beautcella Inc.'s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes.Beautcella Inc. and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

     

    EXCLUSION AND LIMITATIONS

    THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

     

    THIRD PARTY BENEFICIARIES

    You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.

     

    ELECTRONIC COMMUNICATIONS

    When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

     

    NOTICE

    Beautcella Inc. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

     

    TRADEMARK, PATENT & PROPRIETARY INFORMATION

    You herein acknowledge, understand and agree that all of the Beautcella Inc. trademarks, copyright, trade name, service marks, patents, proprietary formulas and other Beautcella Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall not in any way or manner be compromised or infringed upon and shall remain the property of Beautcella Inc.. You herein agree not to display and/or use in any manner the Beautcella Inc. logo or marks.

     

    COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

    Beautcella Inc. will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, Beautcella Inc. may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

    • The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
    • A description of the location of the site which you allege has been infringing upon your work;
    • The physical address, telephone number, and email address;
    • A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
    • And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

    The Beautcella Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

    contact@DiSkincare.com

    Mailing Address:
    Beautcella Inc.
    Attn: Copyright Agent
    630 Fifth Avenue, Suite 2000
    New York, New York 10111
    USA

     

    CLOSED CAPTIONING

    BE IT KNOWN, that Beautcella Inc. complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.DiSkincare.com.

     

    YOUR REPRESENTATIONS

    You represent and warrant that you: (a) are eighteen (18) years of age (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) or older; (b) are not under any legal or other disability which limits your ability to comply with these terms and conditions; (c) will not infringe upon any third party’s proprietary and/or intellectual property rights in connection with the Company Offerings; and (d) will comply with all applicable laws, rules and regulations in connection with the Company Offerings.

     

    MISCELLANEOUS

    The failure of either party to exercise, in any respect, any right provided for hereunder will not be deemed a waiver of any further rights hereunder.  If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.

    No agency, partnership, joint venture or employment relationship is created as a result of the Agreement and you do not have any authority of any kind to bind the Company in any respect whatsoever. 

    Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

    Other than for payment obligations arising hereunder, neither party will be liable for, or will be considered to be in breach of, the Agreement on account of, any delay or failure to perform as required by the Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs (which shall include, without limitation, acts of God, telecommunications, Internet or network failure, results of vandalism or computer hacking, fire, storm or other natural occurrences, any conflicting order, direction, action or request of the federal, state and/or local governments or of any regulatory department, agency, commission, court or other instrumentality, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, work stoppages or other such labor difficulties), the affected party will give prompt written notice to the other parties and will use commercially reasonable efforts to minimize the impact of such event. Notwithstanding the foregoing, the parties’ obligations to one another shall be excused and/or postponed during and only for the duration of the applicable force majeure event and shall resume as soon as practicable after the force majeure event has ended.

    You may not assign the Agreement or your rights and obligations thereunder to any third party without the prior express written approval of the Company and the Company may assign the Agreement and/or its rights and obligations hereunder to any third party, without your prior written consent. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, administrators, successors and permitted assigns.

     

    CONTACT US

    If you have any questions about the Agreement, the Company Offerings or the practices of the Company, please feel free to contact us via email at: contact@DiSkincare.com or by mail to: Beautcella Inc., 630 Fifth Avenue, Suite 2000, New York, New York 10111 USA.

     

    DISPUTE RESOLUTION LEGAL FEES

    In any action or proceeding to enforce rights under the Agreement, the Company will be entitled to recover costs and attorneys' fees if it prevails. The Agreement shall be treated as though it were executed and performed in the State of New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Where there is a dispute between the Company and you arising out of or related to the Company Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto (including the manner in which the Company contacts you): (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Five Thousand Dollars ($5,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is Fifty (50%) percent greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

    To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that the Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site. 

     

    ENTIRE AGREEMENT

    This TOS constitutes the entire agreement between you and Beautcella Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Beautcella Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Beautcella Inc. Services, affiliate Services, third-party content or third-party software.

     

    CHOICE OF LAW AND FORUM

    It is at the mutual agreement of both you and Beautcella Inc. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of New York without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Beautcella Inc., shall be filed within the courts having jurisdiction within the County of Queens, New York or the U.S. District Court located in said state. You and Beautcella Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

     

    WAIVER AND SEVERABILITY OF TERMS

    At any time, should Beautcella Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

     

    STATUTE OF LIMITATIONS

    You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within One year(s) after said claim or cause of action arose or shall be forever barred.

     

    VIOLATIONS

    Please report any and all violations of this TOS to Beautcella Inc. as follows:

    contact@DiSkincare.com

    Mailing Address:
    Beautcella Inc.
    Attn: Copyright Agent
    630 Fifth Avenue, Suite 2000
    New York, New York 10111
    USA

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