Welcome to SURskincare.com (“the website”). The website is owned and operated by Aglo Clean Skincare/SUR Clean Skincare brand. Our registered office is located at14320 Saratoga Sunnyvale Road, Suite 10, Saratoga, CA 95070. By using our website, you agree to these Terms of Service.
If you have any questions about these Terms of Service or any comments about our website, please email our customer services team at email@example.com.
Throughout the site, the terms “we”, “us” and “our” refer to SUR Clean Skincare/Aglo. SUR Clean Skincare/Aglo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
All content of our website (including text, graphics, logos, button icons, images, and software) is the property of SUR Clean Skincare/Aglo or our suppliers and is protected by United States and international copyright laws. You may electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of the website, including reproduction and Internet links, is strictly prohibited without our prior written permission.
The trademarks, logos, service marks and trade names of SUR Clean Skincare/Aglo and our affiliates may not be used without our written permission.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
In order to purchase products or services through the use of the website you must establish an account with SUR Clean Skincare. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping the email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the website that occur under your account or your account password.
REGISTRATION AND MEMBERSHIP
To register and become a member of the website, use your valid email address and create a password to register your profile. The first time you log onto the website with your login credentials, we will do a one-time import of your billing and/or U.S. shipping details, if any, from your member account. You may update such information as necessary at any time by going to “My Account” and making the necessary changes. Each time you use your password or identification, you will be deemed to be authorized to access and use the website in a manner consistent with these Terms of Service. SUR Clean Skincare has no obligation to investigate the authorization or source of any such access or use of the website.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the website’s security.
As a SUR VIP, you will receive information and notifications about SUR Clean Skincare products and news. There is no cost to be a SUR VIP. To register and become a member of our website as a SUR VIP, just sign up and give us your email. There are sign up boxes all over the website and in the footer.
CANCELLATION TERMS: You can cancel your SUR VIP at any time through the website.
ERRORS AND INACCURACIES
We do not represent or warrant that the information on the website is accurate, complete, or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice.
DISCLAIMER OF LIABILITY
We make no representations or warranties, express or implied, with respect to the website. Its content, and the information and services available on or through it, are provided “as is.” Except as otherwise provided under applicable laws, we and our affiliates will not be liable for any damages whatsoever arising out of, or related to, the use of the website.
By visiting the website, you agree that the laws of the State of California will govern these Terms of Service and any dispute, of any sort, that might arise without regard to principles of conflict of law.
LINKS TO OTHER SITES
The website may contain links to websites operated by third parties. SUR Clean Skincare does not endorse or assume any responsibility for these websites. We have no control over, or responsibility for, their content, information or activities. These linked sites are for your convenience and therefore, you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third-party site.
RIGHTS OF OWNERSHIP
All rights, including copyright, of the website are owned by or licensed to SUR Clean Skincare. Any use of the website or its contents, including copying or storing it in whole or in part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute, or post anything on the website for any purpose.
ACCURACY OF CONTENT
We have taken great care in the preparation of the content of the website to ensure, in particular, that the details, descriptions and prices quoted are correct at the time of publishing.
We have made every effort to display as accurately as possible the color of the products that appear on the website. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the merchandise on delivery.
SUR Clean Skincare reserves the right, at any time, to modify, suspend, or discontinue the website or any part thereof with or without notice. You agree that SUR Clean Skincare will not be liable to your or any third party for any modification, suspension or discontinuance of the website or any part thereof.
All items are subject to availability. Validly stated prices on the website remain in effect for as long as the merchandise is available or as otherwise stated on the website. We will inform you as soon as possible if the goods you have ordered are not available.
WARRANTIES AND DISCLAIMER
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THERE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS OTHERWISE SPECIFICALLY STATED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUR CLEAN SKINCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUR CLEAN SKINCARE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUR CLEAN SKINCARE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
SUR CLEAN SKINCARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE WEBSITE, EVEN IF SUR CLEAN SKINCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TYPOGRAPHICAL OR CONTENT ERRORS
In the event a product is listed at an incorrect price or within incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for any product or products listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card has been charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
You agree to indemnify, defend and hold harmless SUR Clean Skincare, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service or any activity related to use of the website (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
CONTRIBUTIONS AND SUBMISSIONS
We welcome your feedback and comments regarding our products and services.
You agree that we have no obligation of confidence to you with respect to any contribution or submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any contribution or submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such contribution or submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.
You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions made by you shall be the sole property of SUR Clean Skincare and will not be acknowledged or returned. You agree and understand that we are not obligated to use any contribution or submission you make, and you have no right to compel such use.
You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NOTICE REGARDING MEDICAL OR PROFESSIONAL ADVICE
THE WEBSITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE WEBSITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE WEBSITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Your use of the website shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of principles of law.
These Terms of Service are applicable to you upon your accessing the website. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.
SUR Clean Skincare is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our SUR Clean Skincare at firstname.lastname@example.org. However, if you are dissatisfied with our client service’s resolution of your matter, these Terms of Service provide that disputes will be resolved in binding arbitration or small claims court. Our arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances.
(a) We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include, but are not limited to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
- Claims that arose before these or any prior versions of our Terms of Service (including, but not limited to, claims relating to advertising).
- Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.
- Claims that may arise after termination of these Terms of Service.
For the purposes of this Arbitration Agreement, references to “SUR Clean Skincare,” “we” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by accessing and using the website, you and we are each waiving the right to a trial by jury or to participate in a class action. These Terms of Service evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to SUR Clean Skincare/Aglo Clean Skincare, Inc. should be addressed to: Notice of Dispute, SUR Clean Skincare/Aglo Clean Skincare, Inc, 14320 Saratoga Sunnyvale Road, Suite 10,Saratoga, CA 95070 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or SUR Clean Skincare/Aglo Clean Skincare, Inc may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by
SUR Clean Skincare/Aglo Clean Skincare, Inc or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or C2 California Clean is entitled.
(c) After SUR Clean Skincare/Aglo Clean Skincare, Inc receives a Notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, SUR Clean Skincare/Aglo Clean Skincare, Inc will pay it directly after receiving a written request to do so at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be bound by these Terms of Service. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving SUR Clean Skincare/Aglo Clean Skincare, Inc. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA Rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of SUR Clean Skincare/Aglo Clean Skincare, Inc’s last written settlement offer made before an arbitrator was selected, then we will:
- pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, the amount of reasonable attorneys’ fees, and reimburse any expenses (including reasonable expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing and pursuing your claim in arbitration (the “attorneys’ fees”).
If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and reasonable attorneys’ fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, the alternative payment, and the attorneys’ fees at any time during the proceeding and upon request from either party made within fourteen days of the arbitrator’s ruling on the merits.
(e) The right to attorneys’ fees and expenses discussed in paragraph (d) supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs. Although we may have a right to recover attorneys’ fees and expenses in certain jurisdictions if we prevail in an arbitration, we will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms of Service provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.