Terms of Service

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Last Updated and Effective:  April 1, 2022

THIS WEBSITE IS OWNED AND OPERATED BY HOLLYWOOD GLOW GIRL ENTERPRISES, LLC D/B/A ANGELA CAGLIA SKINCARE.  PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ANY OTHER APPLICABLE TERMS RELATING TO PROGRAMS WE OFFER, EXPRESSLY INCORPORATED HEREIN BY REFERENCE AS THE “TERMS”) FULLY AND CAREFULLY BEFORE USING WWW.ANGELACAGLIA.COM AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU.  THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

ACCEPTANCE OF TERMS

By checking the box indicating acceptance of these Terms, you agree to these Terms and any amendments hereto that may be published from time to time on the Site, each of which is incorporated by reference. 

BY CHECKING THE BOX INDICATING ACCEPTANCE OF THESE TERMS, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR.  BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE, AS STATED FULLY IN THE “DISPUTE RESOLUTION” SECTION BELOW.

KEY TERMS

Angela Caglia Skincare refers to Hollywood Glow Girl Enterprises, LLC d/b/a Angela Caglia Skincare, and is referred to herein as “Angela Caglia Skincare,“ “we,” or “our.”

“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site.  We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights.  You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying Content on the Site.

“Site” means the website www.angelacaglia.com, including all subdomains and subparts, as well as our social media accounts on Facebook, Instagram, YouTube, Google, and Twitter, and other platforms and applications for mobile, tablet, and other smart devices and application programs.

“Terms” refers to the terms and conditions of these Terms of Use, along with our Privacy Policy.

“User” means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any services or products from the Site, and is referred to herein as “User” or “you.”

“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site.  Content includes, without limitation, User Content.  We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.

ELIGIBILITY TO USE THE SITE

You may use the Site only if you are eighteen (18) years or older (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) and capable of forming a binding contract with us and are not barred from using the Site under any applicable law.  As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes.  No other use of the Site is authorized.

NOTICE REQUIRED BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of this service is Angela Caglia Skincare at 153 W Rosecrans Ave., Unit 2, Gardena, California, (424) 343-0253.  Complaints regarding services or products, or requests to receive further information regarding use of this Site may be sent to the above address or to rob@angelacaglia.com

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

GOVERNING LAW

These Terms and any action or proceeding relating thereto will be governed by the laws of the State of California.  If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.

CHANGES TO TERMS OF USE

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site.  Each time you use the Site, you should review the current Terms.  You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms.  Your continued use of the Site will constitute your acceptance of the then-current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively.  Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Angela Caglia Skincare will be applied.

PRIVACY POLICY

Users of the Site should refer to our Privacy Policy (as may be updated from time to time) for information about how we use and collect information, which may be accessed by clicking on the following link: https://angelacaglia.com/pages/privacy-policy.  You agree that we may collect, use, retain, and disclose your personal information to the extent permissible by law and as described in our Privacy Policy and that our Privacy Policy will govern our collection and use of your personal information to the fullest extent permitted by law.

INTERNATIONAL USERS

Our Site is controlled, operated, and administered from our offices in California, United States of America.  We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and access to it is prohibited from territories where the Content or services or products available through the Site are illegal.  You may not use the Site or export its Content or services or products in violation of United States export laws and regulations.  If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.  We may ship to certain locations outside the United States, and reserve the right to apply additional shipping and handling charges to any orders shipped outside the United States.

RULES OF CONDUCT AND GENERAL PROHIBITIONS

You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site.  You may not, without our written consent: (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree not to do any of the following:

  • post, publish, submit, or otherwise transmit any Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; or (iv) promotes illegal or harmful activities or substances;
  • disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites;
  • disrupt or interfere with any other User’s enjoyment of the Site, or affiliated or linked websites;
  • post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
  • use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent;
  • use meta tags or other “hidden text” utilizing our name, trademark, or product name without our express written consent;
  • deep link to the Site without our express written consent;
  • create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
  • collect or store personal data about others;
  • attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and
  • encourage or enable another User or individual to do any of the foregoing prohibited activities.

By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site.  To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site.  We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.  

If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site.  Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE.  If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.

RIGHT TO USER CONTENT POSTED BY YOU

By making any User Content available to or through the Site, you will remain the owner of your User Content, but hereby grant Angela Caglia Skincare a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing services and products to you and/or other Users, and also in connection with advertising of our services and products.  You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.

In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you.  By uploading User Content to the Site, you agree to grant Angela Caglia Skincare the right to use your copyright in such User Content.  We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law.  We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.

We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion.  Upon request, you will furnish Angela Caglia Skincare with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions.  We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.

You are responsible for all your User Content.  You represent and warrant that you own all of your User Content or you have all rights necessary to grant Angela Caglia Skincare the license rights in your User Content under these Terms.  You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Angela Caglia Skincare on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

You may request that we delete your User Content according to the terms of our Privacy Policy by calling us at 1-424-343-0253 or at www.angelacaglia.com. Before we may fulfill a request to access or delete your information, we are required to verify your identity.  We will ask you to verify your name, address, email address, telephone number, and/or other information we have collected about you. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws.  Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time.

MEDICAL DISCLAIMER

The Content, statements, and other material made available on or through the Site relating to Angela Caglia Skincare’s products: (i) are not intended to diagnose, treat, cure, or prevent any medical condition or disease; and (ii) are not in any way intended as medical advice or as a substitute for medical treatment. If you have a medical condition that may be affected by your use of any services or products offered on the Site, you should consult with your physician or other healthcare professional before using any product. If you have or suspect that you have a medical condition, promptly contact your healthcare provider.  Never delay seeking or disregard professional medical advice because of something you have read on the Site.  The Site is solely an online store for cosmetic and personal care products.

INDEMNIFICATION

You will defend, indemnify, and hold harmless Angela Caglia Skincare, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to: (i) your access to or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects Angela Caglia Skincare or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Angela Caglia Skincare or any third party; and (v) any and all activities that occur under or in connection with your account, username, and/or password.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Angela Caglia Skincare in asserting any available defenses.  YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.

COPYRIGHTS AND TRADEMARKS

The Site, including all of the Content and organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to same, is the sole and exclusive property of Angela Caglia Skincare and protected by applicable copyright, trademark, other proprietary rights, and other laws of the United States and foreign countries.  Unless expressly stated otherwise, we retain other proprietary rights in all Content and services and products available through the Site. 

Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner.  You may not, without our express written permission or that of the respective copyright owner: (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials.  You also may not: (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods.  You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, or copyright rights, or other proprietary rights of any third party.

Together with other logos and product names appearing on the Site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries:  Angela Caglia Skincare.  All other trademarks not owned by Angela Caglia Skincare that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Angela Caglia Skincare. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder.  In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.  Any other names and brands on the Site may be claimed as the property of others.

INTELLECTUAL PROPERTY, COPYRIGHT, AND EXCLUSIVITY

Copyright in any manual, sales documentation, technical description, and other documents that may be supplied by Angela Caglia Skincare under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in the formulation or design of Angela Caglia Skincare’s services or products, or any part thereof, whether such formulation or design is registered or not, shall vest in Angela Caglia Skincare absolutely.  Any data, patent, copyright, proprietary right, or confidentiality, know-how, trademark, or process with respect to Angela Caglia Skincare’s services or products is the proprietary information (“Proprietary Information”) of Angela Caglia Skincare and its third-party vendors (as the case may be).  You agree that you shall not, without Angela Caglia Skincare’s prior written consent, use or disclose the Proprietary Information to any third-party for any reason other than that third-party’s personal use of Angela Caglia Skincare’s services or products. You also agree that you shall not use or provide Angela Caglia Skincare’s products to any third-party or other entity to reverse engineer or disassemble Angela Caglia Skincare’s products or any part thereof to create or derive any Angela Caglia Skincare or third-party intellectual property.

DMCA/COPYRIGHT POLICY

It is our policy to respect the copyright and intellectual property rights of others.  We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others.  In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others. 

We comply with the Digital Millennium Copyright Act (“DMCA”).  If you believe we or any User of the Site has infringed your copyright in any material way, please notify Angela Caglia Skincare, and provide the following:

  • an identification of the intellectual property right claimed to have been infringed;
  • an identification of the material you claim is infringing so that we may locate it on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
  • a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
  • that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to rob@angelacaglia.com, by phone at 1-424-343-0253, or by writing to 153 W Rosecrans Ave, Unit 2, Gardena, California 90248.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met.  We may request additional information before we remove any potentially infringing material.  If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the applicable material along with that of the alleged infringer pending resolution of the matter.  We have an absolute right to remove any such User Content or other material from the Site in our sole discretion at any time.

LINKS TO THIRD PARTY WEBSITES       

The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”).  Such Third Party Sites & Ads are not under our control and we are not responsible for any Thirty Party Sites & Ads.  We provide these Third Party Sites & Ads only as a convenience and are not responsible for the content, services, or products on or available from those Third Party Sites & Ads.  You acknowledge sole responsibility for and assume all risk arising from your use of Third Party Sites & Ads. 

The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by Angela Caglia Skincare of the Third Party Sites & Ads or any services, products, or information contained therein. 

SKINCARE PRODUCTS and ROSE QUARTZ TOOLS ITEMS REFUND POLICY

Our policy lasts 30 days. If 30 days have gone by since your skincare or tools purchase, unfortunately, we can’t offer you a refund or exchange. 

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging

We also do not accept returns on products that have made contact with your skin.

Damage

In the even of shipping damage to items, please save all packaging materials and report damage immediately to the carrier.  All shipping damage claims must be filed directly with the carrier.

LIMITED Warranty CrystalLED Face Mask and Cellreturn Platinum

Hollywood Glow Girl Enterprises, LLC D/B/A Angela Caglia Skincare (“Angela Caglia Skincare”) warrants its LED Face Mask Light Therapy + Rose Quartz and Cellreturn Platinum LED Face Mask (each a “Product”) to be free from defects which would result in Product failure for a period of one (1) year from the date of purchase (the “Limited Warranty”). During the warranty period, Angela Caglia Skincare will, at its discretion, repair or replace the defective part or Product or refund the Product’s original purchase price.  The Limited Warranty does not cover cosmetic deterioration caused by normal wear and tear or damage caused by accident, misuse, or neglect.  The Limited Warranty is valid for the original purchaser of the Product and cannot be transferred. For California residents, a failure to register does NOT diminish your warranty rights. If you have a problem with or question about your Product, please contact our Customer Service Team at rob@angelacaglia.com so we can troubleshoot or respond to your concerns.  

The Limited Warranty will be honored under the following circumstances:

  • If the Product was purchased directly from an authorized retailer.
  • Purchase date is within the warranty period.
  • In the United States and Canada.
  • The Product has been employed for personal use only.
  • The Product has been operated based on the user manual instructions.
  • The Product has been confirmed defective after troubleshooting with the Angela Caglia Skincare Customer Service Team.
  • A proof of purchase has been presented upon making a claim under the Limited Warranty.

The Limited Warranty will be voided if:

  • The Product has been physically damaged, misused, or mishandled.
  • The Product has been operated in a manner inconsistent with the user manual instructions.
  • Any manipulation or unauthorized technical changes have been made or attempted to the Product.
  • The Product has been used outside of North America’s voltage capacity outlets.

Except for the Limited Warranty, Angela Caglia Skincare makes no warranty whatsoever, including, without limitation, any warranty of merchantability or fitness for a particular purpose, whether express or implied, by law, course of dealing, course of performance, usage of trade or otherwise.

AUTHORIZED RETAILERS

BFF BANGKOK

CARBON BEAUTY

CULT BEAUTY

DERMSTORE

LANE CRAWFORD

LUISAVIAROMA

MADISON APOTHECARY

MECCA COSMETICA

NET-A-PORTER

NICHE BEAUTY

OUNASS

OLIVELA REVOLVE

SAKS FIFTH AVENUE

SKINSTORE

VIOLET GREY 

If you purchased the Product from an unauthorized reseller, please contact the reseller regarding their return policy.  Angela Caglia Skincare does not refund orders purchased from resellers. 

HOW TO MAKE A CLAIM UNDER THE LIMITED WARRANTY

  1. Contact us at rob@angelacaglia.com so we may troubleshoot your concern.
  2. Locate your proof of purchase and review the Limited Warranty. Make sure your Product is covered under the Limited Warranty and within the warranty period.  If you have registered your Product, we will have a copy of your proof of purchase for your reference.  Product registration is for your convenience only.  Failure to register your Product does not diminish your warranty rights. 
  3. Return your Product. If our Customer Service Team is unable to resolve your Product concern, please return your Product, with proof of purchase, to Angela Caglia Skincare at 153 W. Rosecrans, Suite 2, Gardena, CA, 90248, United States.  You will be responsible for the cost of shipping your Product to us.  We suggest you consider using a trackable shipping service or purchasing shipping insurance.  We do not guarantee that we will receive your Product. 
  4. Check your Product status. We will notify you when we receive your Product.  We will also advise you whether, upon inspection, your Product is covered under the Limited Warranty, whether it is defective, and how we will resolve any defect.  We will repair, replace, or refund your Product promptly, but be advised this process may take approximately 30 days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at rob@angelacaglia.com.

Sale items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at rob@angelacaglia.com and send your item to: 153 W Rosecrans, Suite 2, Gardena, CA, 90248, United States.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

Shipping

To return your product, you should mail your product to: 153 W Rosecrans, Suite 2, Gardena, CA, 90248, United States. 

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

PRODUCT DESCRIPTIONS

We have taken reasonable precautions to ensure that all product descriptions, prices, and other Content on the Site are correct and fairly described.  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 or screen and other factors associated with the device you use to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor or screen will be accurate or that other Site content does not contain inadvertent mistakes or errors.  By placing an order on this Site, you are making an offer to Angela Caglia Skincare.  Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.  We reserve the right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect.  All prices are displayed in United States Dollars unless expressly indicated otherwise.

ONLINE PURCHASES

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.  By submitting such information, you grant Angela Caglia Skincare the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, Content, specifications, services, products, and prices of services and products described or depicted on the Site are subject to change at any time without notice.  Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.  The inclusion of any services or products on the Site does not imply or warrant that these services or products will be available.  

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site.  By placing an order, you represent that the services and products ordered will be used only in a lawful manner.  We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service.  You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect at the time of the Transaction, including, without limitation, all shipping and handling charges.  In addition, you remain responsible for any taxes that may be applicable to your Transactions.

ORDER AND PAYMENT INFORMATION

If you use the Site or other means to purchase a services or product, payment must be received by Angela Caglia Skincare prior to our acceptance of an order, unless otherwise agreed to by us in advance.  All of our products are subject to sales tax, which will be applied to your order total.  We may need to verify information you provide before we accept an order, and may cancel or limit an order any time after it has been placed.  If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase.  We expressly condition acceptance of your order on your agreement to these Terms.

We will add applicable shipping and handling fees to your charges, as stated in your order.  We reserve the right to reject orders where the stated delivery address is outside the United States. 

INTERNATIONAL ORDERS

We may, in our sole discretion, choose to accept orders for the purchase of services or products from Users residing outside the United States.  The acceptance of such orders and the sale of such services or products are conditioned on the following:

  • You agree that the purchase of any of our services or products by you, as a non-resident of the United States, will be (i) available to be picked up by you from our facilities in the United States via transportation you will pay for per Incoterms 2010, with all title risk and loss in the services or products passing to you in the United States, and (ii) for your own personal use only and not for further resale or distribution in any manner;
  • You hereby expressly authorize and direct Angela Caglia Skincare to load and ship the services or products purchased by you to your designated ship-to destination, and to contract on your behalf with a common carrier or courier company for that purpose;
  • You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties, and import requirements from our facilities in the United States to your foreign ship-to destination; and
  • The United Nations Convention on the International Sale of Goods will not apply to any purchase or sale, and we expressly opt out of such application.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Angela Caglia Skincare (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://angelacaglia.com/policies/privacy-policy.html (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

  1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 
  2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Angela Caglia Skincare and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services, and events. Messages may include checkout reminders. 
  4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at rob@angelacaglia.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not  liable for delayed or undelivered mobile messages.
  8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
  10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

  1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, CA before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Angela Caglia Skincare’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

  1. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
  2. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

ANTI-DIVERSION

We are not responsible for any injury or damage that may result from the purchase of services or products through distributors or retailers who are not authorized distributors or retailers of our services or products.  We are not responsible for any injury or damage that may result from services or products purchased past their expiration date or those that have been altered or discontinued.

AUTO-RENEWAL PROGRAMS

If you are purchasing our services or products and enrolling in one of our auto-renewal programs in which you have requested that we automatically provide services or products to you at regularly scheduled times (the “Program”), your membership in the Program will remain in effect until cancelled.  If you sign up for the Program on the Site in connection with your purchases, the payment card or alternative payment method you provide will be automatically charged for the purchase price of the services or products, plus applicable tax, shipping, and handling charges.

You must provide current, complete, and accurate information for your shipping and billing accounts.  You are responsible for insuring this information is correct and must promptly update all information to keep your account current, complete, and accurate (for example, to reflect changes in shipping or billing address, credit card number, credit card expiration date, and security code).  Shipments sent to the address of record are deemed complete upon shipment; we are not responsible for your failure to receive a shipment sent to your address of record in the event you have moved or for any other reason.  You must promptly notify Angela Caglia Skincare if your credit card or alternative payment method is cancelled or no longer valid (for example, due to theft or loss).  Changes to your account can be made by contacting a customer service representative at 1-424-343-0253 or emailing us at orders@angelacaglia.com).

If you sign up for the Program, you will be charged regularly and automatically for, and delivered, ordered services or products until you cancel your participation in the Program.  

By participating in the Program, you agree that we may send you additional regularly scheduled shipments and charge you for the product(s), applicable taxes, and shipping and handling charges, WITHOUT OBTAINING ANOTHER PAYMENT AUTHORIZATION FROM YOU.  These subsequent charges will be placed on the payment card or alternative payment method you provided when you enrolled in the Program or update thereafter.  You agree that we will not be responsible in any manner for any overdraft charges, interest charges late or other fees, or damages (including consequential damages) you may incur as a result of charges placed on your payment card or alternative payment method.

THE AUTO-RENEWAL PROGRAM WILL REMAIN IN EFFECT UNTIL YOU CANCEL IT.  IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE PROGRAM AND DISCONTINUE SHIPMENT OF FUTURE SERVICES OR PRODUCTS, YOU MAY DO SO BY CONTACTING ANGELA CAGLIA SKINCARE AT 1-424-343-0253 OR BY EMAIL TO orders@angelacaglia.com.

We may, in our sole discretion, terminate your participation in the Program at any time without notice to you.  We reserve the right to refuse or discontinue the automatic provision of services or products to any one at any time in our sole discretion. 

DISCLAIMER OF WARRANTIES

OUR SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  We make no warranty that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED TO YOU.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES RELATING TO OUR SERVICES, PRODUCTS, OR CONTENT, THESE TERMS, AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY SERVICES OR PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SERVICES OR PRODUCTS PURCHASED VIA THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY.  THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ANGELA CAGLIA SKINCARE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER ANGELA CAGLIA SKINCARE, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES, PRODUCTS, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY SERVICES OR PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ANGELA CAGLIA SKINCARE.  ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO ANGELA CAGLIA SKINCARE FOR ANY SERVICES OR PRODUCTS SUPPLIED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE.

WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

The terms of this section survive any termination of these Terms.

TERMINATION

Notwithstanding anything to the contrary in these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site.  You agree that we will not be liable for any termination of your use of or access to the Site. 

NO THIRD PARTY BENEFICIARIES

We and you are the only parties entitled to enforce these Terms.  These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Angela Caglia Skincare.  Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.  You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted. 

DISPUTE RESOLUTION

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

WE EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO OUR SERVICES, PRODUCTS, THESE TERMS, INCLUDING OUR PRIVACY POLICY AND COOKIE POLICY, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY CONFIDENTIAL BINDING ARBITRATION, EXCEPT THAT each party retains the right to: (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”).  The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Los Angeles, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. 

You acknowledge and agree that both you and Angela Caglia Skincare are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding.  Further, unless we both otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.  Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

We both agree that these Terms should be interpreted and enforced under the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) because they memorialize a transaction in interstate commerce.  This section will survive termination of these Terms.

ARBITRATION RULES

The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling 1-800-352-5267. 

The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only. 

DISPUTE NOTICE AND ARBITRATION PROCESS

Prior to initiating an arbitration proceeding, you must first send Angela Caglia Skincare a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”).  The Dispute Statement to Angela Caglia Skincare must be emailed to rob@angelacaglia.com.  If we are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures. 

An arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes relating to Angela Caglia Skincare’s services and products, as well as all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, the arbitrability of any claim, as well as any claim that all or any part of these Terms is void or voidable.  Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.

ARBITRATION LOCATION AND PROCEDURE

Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside.  If your claim does not exceed $10,000, then: (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone.  If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures.  Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.

ARBITRATOR’S DECISION

The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award.  Judgment on the arbitration may be entered in any court having competent jurisdiction thereof.  The arbitrator’s award of damages must be consistent with the terms of the “Disclaimer of Warranties,” and “Limitations of Liability” sections above as to the types and amounts of damages for which a party may be held liable.  If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.  Angela Caglia Skincare will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

FEES

We will pay or (if applicable) reimburse you for all JAMS filing, administration, and arbitration fees for any arbitration commenced by you or Angela Caglia Skincare pursuant to the terms of this section.

TIME LIMIT FOR RESOLVING DISPUTES

The parties agree that any cause of action either may have with respect to the Site or our services, products, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary.  Many states’ laws set statutes of limitations that are longer than one (1) year.  If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim.  This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.

The terms of this Dispute Resolution section survive any termination of these Terms.

RIGHT TO OPT-OUT OR REJECT FUTURE CHANGES TO DISPUTE RESOLUTION SECTION

You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to Angela Caglia Skincare, at 153 W Rosecrans, Ave, Unit 2, Gardena, California, or by email to rob@angelacaglia.com, within thirty (30) days of your first visit to and use of the Site that specifies your: (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section.  In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply.  If you do not so opt-out, then the terms of this “Dispute Resolution” section will apply.

Notwithstanding the provisions of “Changes to Terms of Use” section above, if Angela Caglia Skincare changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending Angela Caglia Skincare written notice (including by email to rob@angelacaglia.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change.  By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Angela Caglia Skincare in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

GENERAL TERMS

These Terms constitute the entire and exclusive understanding and agreement between Angela Caglia Skincare and you regarding the Site, Content, services, and products that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Angela Caglia Skincare regarding the Content, services, or products provided on the Site.  If, for any reason, any provision of these Terms is deemed to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.  Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect.  We may freely assign or transfer these Terms without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Angela Caglia Skincare under these Terms, including those regarding modifications to these Terms, will be given:  (i) by Angela Caglia Skincare via email; or (ii) by posting to the Site.  For notices made by email, the date of receipt will be deemed the date we transmit such notice.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Angela Caglia Skincare.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Angela Caglia Skincare, and you do not have any authority to create any obligation on our behalf. 

CONTACT INFORMATION

If you have any questions about these Terms, please contact Angela Caglia Skincare at: 153 W Rosecrans Ave, Unit 2, Gardena, CA 90248 or rob@angelacaglia.com.

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