Skinsultra.com

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. 

Please read these Terms of Use, including Skinsultra Privacy Statement, before using the websites and services offered by Skinsultra. By using Skinsultra.com website (the “Site”) and services provided by Skinsultra (the “Services”), you signify your assent to the terms of use of this agreement, including those additional terms and conditions and policies referred herein and/or available by hyperlink (the “Agreement”). This Agreement applies to all users of the Services, including, without limitation, users who are sellers/suppliers of skins, customers, contributors of content, information and other materials or services.

You (the “user”) must carefully read and comply with these Terms.
These Terms of Use including any and all accompanying documents, constitute a legally binding agreement between the user and Skinsultra. By using the Website or any of the services of Skinsultra the user is confirming that it has fully read, understood and irrevocably accepted the terms and conditions of this Agreement. If the user does not agree with these Terms of Use in general or any part of them, the user is not permitted to use the Website and any associated Services.

ABOUT SKINSULTRA 

Skinsultra is a platform or venue that allows users who comply with Skinsultra’s policies to offer, sell and buy specialty goods, namely, skins. The actual contract for sale is directly between the seller and the buyer. Skinsultra acts as a platform or venue to allow users who comply with Skinsultra’ policies to offer, sell and buy certain specialty goods, namely skins. Skinsultra is not directly involved in the transaction between buyers and sellers/suppliers. As a result, Skinsultra has no control over the quality, safety, morality or legality of any aspect of the skins items listed, the truth or accuracy of the listings, the ability of sellers/suppliers to sell skins or the ability of buyers to pay for skins. Skinsultra is not liable for any damages in the user’s computer system or any other technology used by the user caused by the download of a Skin and any other computer file. Skinsultra does not pre-screen users, including the suppliers of skins, or the content or information provided by users. Skinsultra cannot ensure that a buyer or seller/suppliers will complete a transaction. 

Consequently, Skinsultra does not transfer legal ownership of items from the seller/supplier to the buyer. Skinsultra cannot guarantee the true identity, age, and nationality of a user. Likewise, Skinsultra does not acquire legal ownership of the skins from the seller/supplier and therefore cannot transfer legal ownership of the skins to the buyer.
The user agrees that Skinsultra is a platform/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by the user, other users, sellers/suppliers of skins or outside parties on Skinsultra.com. The user agrees to use the Skinsultra service at the user’s own risk. 
Skinsultra reserves the right to modify or terminate the Skinsultra service for any reason, without notice, at any time. The user acknowledges and agrees that Skinsultra may amend these Terms of Use at any time by posting the relevant amended and restated Terms of Use on Skinsultra’s website, available at https://skinsultra.com and such amendments are effective as of the date of posting. The user’s continued use of the Service is subject to the amended terms and conditions, which are incorporated into this Agreement by this reference. Please review the policies frequently. If the user does not agree to any amendments to the Terms of Use, the user shall not continue to use the Service.

CONDITIONS RELATING TO THE USE OF THE SERVICE

Age
The user must be 18 years or older or at least the age of majority in the jurisdiction where he/she resides or from which the user uses these Services. No underaged individual may use the Service, regardless of any consent from a parent or guardian allowing the user to use the Service. By using this Site, the user represents and warrants that he/she is at least 18 years old and that all registration information provided by the user is accurate and truthful. Notwithstanding, Skinsultra reserves its right and sole discretion to refuse the access or use of the Service to any person or entity. Skinsultra reserves its right and discretion to change and update its eligibility criteria. This provision shall be void where prohibited by law and the right to access the Services is hereby denied in such jurisdictions. 

Compliance
The user agrees to comply with all applicable laws, rules and regulations regarding online conduct and acceptable content. The user may not use the Service for any illegal or unauthorized purpose nor may the user, in the use of the Service, violate any laws in your jurisdiction or the laws in Canada, province of Québec. The user is responsible for all applicable taxes. In addition, the user must abide by Skinsultra's policies as stated in the Agreement as well as all other operating rules, policies, including Skinsultra’s Privacy Statement, and procedures that may be published from time to time on the Site by Skinsultra, each of which is incorporated herein by reference and each of which may be updated by Skinsultra from time to time without notice to the user. 

Password
The user is responsible for keeping his/her password secure and for all activity, liability and damage resulting from the user’s failure to maintain password confidentiality. The user agrees to immediately notify Skinsultra of any unauthorized use of his/her password or any breach of security. The user also agrees that Skinsultra cannot and will not be liable for any loss or damage from the user’s failure to keep the security of Account and password. The user agrees not to provide his/her username and password information in combination to any other party other than Skinsultra without Skinsultra's express written permission. 

Account Information
The user must keep his/her account information up-to-date and accurate at all times, including a valid email address. To sell items on Skinsultra the user must provide and maintain a valid PayPal account. 

Account Transfer
The user may not transfer or sell his/her Skinsultra account and User ID to another party. The user is responsible for all activity of the his/her account and User ID. If the user is registering as a business entity, the user personally guarantees that he/she has the authority to bind the entity to this Agreement. 

Right to Refuse Service
A breach or violation of any term in the Terms of Use, including the Privacy Statement, will result in an immediate termination of the Service, as determined in the sole discretion of Skinsultra. Skinsultra’s services are not available to temporarily or indefinitely suspended Skinsultra members. Skinsultra reserves the right, in Skinsultra's sole discretion, to cancel unconfirmed or inactive accounts. Skinsultra reserves the right to refuse service to anyone, for any reason, at any time. 

TRANSACTION PROCESSING

Fees and Payment
Joining Skinsultra is free. However, Skinsultra charges fees to the sellers/suppliers for items sold via the Service. Skinsultra does not charge fees to the buyers for skins purchased via the Services, unless the buyers cancel a purchase in accordance with the Terms of Use.
Unless otherwise stated, all fees and monies are quoted in Canadian Dollars.

When a seller/supplier of skins lists an item, it has an opportunity to review and accept the fees and applicable taxes, if any, that the seller/supplier will be charged. The seller/supplier is responsible for paying any fees, taxes or other costs associated with using the Services and the transactions with PayPal or the duties and taxes imposed by local authorities. I.e. for Canada, the seller/supplier will be charged the PayPal fees of 2.9% of the transaction amount plus 0.30$ (see link for applicable PayPal fees) plus 7.00% of the total transaction amount for Skinsultra. 

SK Credits
SK Credit is the coin used to purchase the items offered in our Site. The value of 1,00$ equals 1 SK Credit. The seller/supplier is always paid in SK Credits that the buyer used to purchase. After the transaction, the seller/supplier may cumulate the SK Credits or exchange the SK Credits with another user through their PayPal account. The seller/supplier will be entitled to his/her transaction SK credits after 72 hours of the purchase.

Cancelation Period and Refunds 
Skinsultra offers a forty-eight (48) hour cancelation period policy on the user’s purchase. This means that the user/buyer has 48 hours after a purchase to cancel a defective item pursuant to Skinsultra’s policy. After the end of the 48-hour cancelation period, the user/buyer’s purchase will be final, and no refunds in SK credits will be accepted.  
If the user received an invalid skin or the user’s order didn’t get delivered, please notify Skinsultra within the 48 hours of the user/buyer’s purchase and Skinsultra’s Support Team will refund the user/buyer in SK Credits within 24 hours. For greater certainty, no SK Credits refund shall be paid (or refunded) in the currency paid for our Services. After the 48-hour cancelation period, the transaction will be confirmed and the user/buyer’s right to cancellation shall be null and void. The transaction cannot be cancelled after it is confirmed in the Skinsultra Site. Please contact our Support Team for all queries or issues with the purchase.

Skinsultra uses its trade history to confirm the transaction. If the transaction is completed in the trade history, i.e. 48 hours has elapsed from the time of purchase, it means the transaction is completed. Skinsultra cannot provide assistance with further complaints if the transaction is completed in Skinsultra’s trade history.
For sellers/suppliers, the money will be transferred 7 days after the transaction between the seller/supplier and the buyer. 

Payment Processor
Skinsultra only uses PayPal, as a third-party payment processor, for the purchase and sale of items by users. The user or Seller/Supplier must have a PayPal account in order to purchase or sell items through our Site.

Skinsultra does not assume any liability and does not refund with regard to any transaction on purchase or sale of items on the website through PayPal. Skinsultra shall not be liable against the users/Sellers/Suppliers for any problems related to payments for which the Payment Processor are responsible, particularly, for any delays in processing payments or the inability to process the payments for technical reasons. Before making any transaction, you should review PayPal’s refund policy which shall apply to all payments through such Payment processor. 
In the event a transaction on purchase or sale of skins is cancelled in accordance with the Skinsultra Terms of Use, the buyer shall receive SK credits for the same amount of purchase minus any Payment processor’s fees. Any transaction commissions and fees paid by the User are non-refundable. 

Unpaid amounts
If Skinsultra terminates a listing or user’s account, if the user closes his/her account, or if the payment of the user’s Skinsultra fees cannot be completed for any reason, the user remains obligated to pay Skinsultra for all unpaid fees plus any penalties, if applicable. If the seller/supplier’s account is not paid in full and becomes past due, the seller/supplier risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). 

LISTING, SELLING, AND BUYING CONDITIONS

Listing 
The minimal value of a skin must be listed at 2.00$CAD.

The skins listed on the Site must be for sale and proprietary (used, made, or marketed by one having the exclusive legal right). The Seller/Supplier may only make items available for sale if he/she/it is the rightful owner of such items. Further, by listing items on the Site, the seller/supplier warrants that all aspects of the item comply with this Agreement and applicable policies of Skinsultra. The seller/supplier also warrants that it may legally sell the item. The seller/supplier must accurately describe its item and all terms of sale in its Skinsultra boutique. The seller/supplier represents to the buyer that the skins shall not alter or affect the functionality of a game in any form or manner, to the complete exoneration of Skinsultra. The seller/supplier represents to the buyer that the skins sold in the Site shall be esthetical and shall serve and function according to the purpose of the listing. The seller/supplier listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All skins must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Skinsultra may, at its sole discretion, remove any item from the Service if the item does not abide with these terms and standards.

Binding Sale
When the user/buyer commits to buy an item, he/she is entering into a legally binding contract to purchase an item. All sales are binding. 
Sellers/Suppliers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. The seller/supplier is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller/supplier’s listing (such as payment method), or (b) the seller/supplier cannot authenticate the buyer’s identity, or (c) the skins cannot be used by the buyer and is returned within 48 (forty-eight) hours of the skins being purchased in accordance with Skinsultra’s policy. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance
The price stated in each item listing description must be an accurate representation of the sale. The user may not alter the item's price after a sale for the purpose of avoiding Skinsultra transaction fees, misrepresent the item’s location, or use another user’s account without permission. 

Payment Processing
Skinsultra, in its sole discretion, may inspect and verify (i) details related to the listing sold, (ii) the buyer of the listing and (iii) the seller/supplier of the listing. As a part of the verification process, Skinsultra may require the seller/supplier or buyer to provide additional identification information, including, without limitation, a copy of a valid driver's license (or other form of government issued identification) prior to or during the transaction. Users may also be asked to go through additional security procedures and share additional information to confirm their identity. Skinsultra reserves the right to reject any item(s) that it believes (in its sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv) otherwise pose a financial risk to Skinsultra or other users. 

The user acknowledges that payment processing services are provided by a Payment Processor, PayPal Holdings, Inc. and are subject to the Legal Agreements for PayPal Services (the “Payment Services Agreement”). By using Skinsultra, the user agrees to be bound by the terms in this section and the Payment Services Agreement, as the same may be modified by us or by the Payment Processor from time to time. 

As a condition of selling, the user agrees to provide Skinsultra accurate and complete information about the user and the user’s business, and the user authorizes Skinsultra to share, in accordance with the Payment Services Agreement, such information and applicable transaction information related to the use of the payment processing services provided by the Payment Processor. 

USING SKINSULTRA
Skinsultra grants the user a personal, non-transferable, non-exclusive, revocable and limited right to access and use the Service for the user’s own personal purposes as an individual consumer and seller/supplier. The user is solely responsible for his/her conduct and activities on and regarding to Skinsultra and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (collectively, the “Content”) that he/she submits, posts, and displays on Skinsultra. 

Restricted Activities
When using or accessing the Service or the Site, the user shall not: 
Post, list or upload content or items in inappropriate categories or areas in our Site
Breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status
Use our services if he/she is not able to form legally binding contracts, for example if the user is under 18 years old, or is temporarily or indefinitely suspended from using our Site and Services

Distribute false, inaccurate or misleading contentDistribute or post spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes or viruses
Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the express consent of Skinsultra

Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy 
Infringe or violate this Agreement, any policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Skinsultra staff or other users), or falsely state or otherwise misrepresent his/her affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Manipulate the price of any item or interfere with any other users’ listings
Take any action that may undermine online reviews or feedback 

Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

Host images not part of a listing
Modify, adapt or hack Skinsultra or modify another web site to falsely imply that it is associated with Skinsultra
Appear to create liability for Skinsultra or cause Skinsultra to lose (in whole or in part) the services of Skinsultra's ISPs or other sellers/suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Skinsultra.
Furthermore, the user may not list any item on Skinsultra (or consummate any transaction that was initiated using Skinsultra's service) that could cause Skinsultra to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use. 

Sellers must meet Skinsultra’s terms and standards of use. Failure to meet these terms may result in Skinsultra charging the seller additional fees, and/or limiting, restricting, changing or suspending your account.

Legal Compliance; Taxes
The user shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Services and, if applicable, the listing, purchase and sale of items. If applicable, the user shall be responsible for paying any and all taxes applicable to any purchases or sales of items he/she makes using the Services (excluding any taxes on Skinsultra's net income). 

Proprietary Rights
All right, title, and interest in and to the Service are and will remain the exclusive property of the Service and third-parties providing facilities and technology for its operation. Seller/supplier’s Content and use of Skinsultra shall not infringe upon any third-party's intellectual property rights. Skinsultra respects the intellectual property of others and asks that users of its Services do the same.
Except as expressly permitted in this Agreement, the user may not reproduce, modify or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.

If you believe that a user is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please contact us at info@skinsultra.com.

CONTENT

License from Seller/Supplier
Skinsultra does not claim ownership rights in seller/supplier Content. Seller/Supplier grants Skinsultra a license solely to enable Skinsultra to use any information or Content supplied, so that Skinsultra is not violating any rights seller/supplier might have in that Content. The user grants Skinsultra a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) the user has in the Content, in any media now known or not currently known, with respect to the user’s Content. The user agrees to allow Skinsultra to store, translate, or re-format the user’s Content on Skinsultra.com and display such Content on Skinsultra in any way Skinsultra chooses. Skinsultra will only use personal information in accordance with Skinsultra's Privacy Statement. 

As part of a transaction, a user may obtain personal information, including email address and shipping information, from another Skinsultra user. The obtained information shall only be used for the purposes of that specific transaction or for Skinsultra related communications, unless the user obtains beforehand the express consent from the other user. The user shall not use the information to distribute unsolicited or bulk electronic or other methods of communications, or to process unauthorized transactions. Without limiting the foregoing, without express consent from the other user, the user not licensed to add any Skinsultra user to his/her email or physical mail list. For more information, please refer to Skinsultra's Privacy Statement. 
By posting Content on Skinsultra, it is possible for an outside web site or a third party to re-post that Content. The user agrees to hold Skinsultra harmless for any dispute concerning this use. If the user chooses to display his/her own Skinsultra-hosted image on another web site, the image must provide a link back to its listing page on Skinsultra. 

INFORMATION CONTROL

Every user is responsible for the content and accuracy of the listing, information and item posted on the Site. Skinsultra does not control the Content provided by sellers/suppliers that is made available on Skinsultra. The user may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Skinsultra, the user agrees to accept such risks and that Skinsultra (and Skinsultra's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Skinsultra. Please use caution, common sense, and practice safe buying and selling when using Skinsultra. 

OUTSIDE WEB SITES AND RESOURCES

Skinsultra is not responsible for the availability of outside web sites or resources linked to or referenced on the Service. Skinsultra does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that Skinsultra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or resources. 

INTELLECTUAL PROPERTY

“Skinsultra”, and other Skinsultra graphics, logos, designs, page headers, button icons, scripts, and service names are proprietary and may be subject to trademark protection. Skinsultra’s intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. 

ACCESS TO THE SERVICE

Much of the information on Skinsultra is updated on a real-time basis and is proprietary or is licensed to Skinsultra by Skinsultra's users or third-parties. The user agrees that he/she will not: 
Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access Skinsultra for any purpose
Take any action that imposes, or may impose, in Skinsultra's sole discretion, an unreasonable or disproportionately large load on Skinsultra's infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content)
Distribute viruses or any other technologies that may harm Skinsultra or the interests or property of users
Interfere or attempt to interfere with the proper working of the Services
Circumvent any technical measures we use to provide the Services
Skinsultra does not guarantee continuous, uninterrupted access to the Service, and operation of the Service may be interfered with by numerous factors outside Skinsultra's control. 

BREACH

Without limiting any other remedies, Skinsultra may, without notice, and without refunding any fees, delay or immediately remove Content, warn Skinsultra's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Services, and take technical and legal steps to keep a user off the Services and refuse to provide services to a user if any of the following apply: 
Skinsultra suspects a user has breached this Agreement or other policy documents incorporated herein; Skinsultra is unable to verify or authenticate any of your personal information or Content; or Skinsultra believes that a user is acting inconsistently with the letter or spirit of Skinsultra's policies, has engaged in improper or fraudulent activity in connection with Skinsultra or the actions may cause legal liability or financial loss to Skinsultra's users or to Skinsultra. 

Skinsultra reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Skinsultra. 

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ALL OF THE INFORMATION IT CONTAINS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, RESULT, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SKINSULTRA SHALL CREATE ANY WARRANTY.
IN NO EVENT, IN REGARD TO THIS SITE OR ANY OTHER HYPERLINKED SITE, WILL SKINSULTRA AND (AS APPLICABLE) SKINSULTRA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY DAMAGES OR INJURY CAUSED BY (INCLUDING BUT NOT LIMITED TO) YOUR RELIANCE ON INFORMATION CONTAINED IN THIS SITE, YOUR ACCESS TO, OR USE OF, THIS SITE, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, INCOME, GOODWILL, CONTRACTS, BUSINESS INTERRUPTION, LOSS OR DAMAGE OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, ANY DETERIORATION OR INFECTION BY VIRUSES OR BY MALICIOUS CODES OR OTHERWISE, OR ANY OTHER LOSS, FINANCIAL OR NOT, OR DAMAGE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH, THE USE OF, ACCESS TO COMPUTER INTRUSION, SECURITY FAILURE, OR THE INABILITY TO USE THIS SITE OR THE INFORMATION CONTAINED HEREIN, EVEN IF SKINSULTRA (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, SKINSULTRA MAKES NO WARRANTY OR REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES REGARDING THE SITE AND THE SERVICES, INCLUDING THAT THE SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WIH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SITE AND SERVICE WILL BE CORRECTED. SKINSULTRA PROVIDES THE SERVICE AND SITE “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.
SKINSULTRA'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SKINSULTRA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO SKINSULTRA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. 
INDEMNIFICATION

By using the Site at your own risk, the user agrees to indemnify Skinsultra and (as applicable) Skinsultra’s parent, subsidiaries, affiliates, officers, directors, agents and employees, for any and all claims, damages, losses, liabilities and causes of action (including legal expenses and reasonable attorneys’ fees) arising out of or relating to the user’s breach or alleged breach of this Agreement (including without limitation, claims made by third parties for violation of their rights), or for any information or data that is provided by the user, or through a misuse of her/his User Name and Password. SKINSULTRA will inform you promptly, by registered letter or e-mail, of such claim, damage, or cause of action and the user agrees to cooperate as fully as reasonably required in the defense of any claim. SKINSULTRA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user. None of the subsidiaries of SKINSULTRA shall be liable or in any way responsible for the content of this Site.

INDEPENDENT CONTRACTORS

The user and Skinsultra are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 

DISPUTE RESOLUTION 

Dispute resolution with Skinsultra
All disputes arising out of or in connection with the present agreement, in particular, concerning its formation, existence, validity, effects, interpretation, implementation, violation, resolution or annulment, shall be finally resolved by means of arbitration in accordance with the International Arbitration Rules of the Canadian Commercial Arbitration Centre.
The number of arbitrators shall be one; 
The seat of the arbitration shall be Montreal, Quebec, Canada; 
The language of the arbitral proceedings shall be English.
User and Third-Party Disputes
The user agrees that he/she is solely responsible for his/her interactions with other users in the Site. Skinsultra will have no liability with respect thereto. In the event a dispute arises between users or a third party, Skinsultra encourages their users to resolve the dispute amicably. 
The user agrees to release Skinsultra (and Skinsultra’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party. 

GOVERNING LAW

This Agreement is governed by and shall be construed in accordance with the laws of the province of Québec, Canada, without giving effect to any principles of conflicts of laws. The parties have designated the District of Montreal, Province of Quebec, Canada, as the jurisdiction for any litigation arising in connection herewith. 

SEVERABILITY; SURVIVAL

If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect. 

The following provisions shall survive any termination or expiration of this Agreement: 

- Section 3 
- Section 6 
- Section 7 
- Section 9 
- Section 10 
- Section 11
- Section 12 
- Section 13 
- Section 14 
- Section 16
- Section 17 

CONTACT

If you wish to contact us with questions about this Agreement, you can contact us at the following address: PO BOX 1646, Kahnawake (Québec) J0L 1B0, Canada or by email: info@skinsultra.com.

Last updated: July 31st, 2019