WEBSITE TERMS OF USE

Welcome to Skindamentals, LLC (“Skindamentals,” “we,” “us,” or “our”). We operate this website, online store, and related services, including information regarding and authorized wholesale access to Foundations Vitamins+ and related products (collectively, the “Services”).

By accessing, browsing, or using any part of the Services, including placing an order, creating an account, clicking “I Agree,” or otherwise indicating assent, you acknowledge that you have read, understood, and agree to be legally bound by these Website Terms of Use (“Terms”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services. These Terms apply to all users of the Services, including without limitation browsers, customers, and contributors of content.

SECTION 1 – ELIGIBILITY; ACCOUNTS

The Services are intended only for individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater. By accessing or using the Services, you represent and warrant that you satisfy this requirement. If you create an account, you agree to provide accurate, current, and complete information and to maintain the security and confidentiality of your login credentials. You are solely responsible for all activities that occur under your account.

Access to any wholesale purchasing functionality, including the Business Partner Profile and Wholesale Portal, is limited to approved business partners acting through authorized representatives. If you submit a Business Partner Profile, register for a wholesale account, access the Wholesale Portal, or purchase Products for resale, your registration, account approval, purchases, resale activities, and all related commercial terms are additionally governed by the applicable Reseller Agreement presented during registration and/or account approval. We reserve the right to approve, deny, suspend, or revoke any account or access to the Services, including wholesale purchasing functionality, at any time in our sole discretion. In the event of any conflict between these Terms and the applicable Reseller Agreement with respect to reseller eligibility, ordering, pricing, resale restrictions, MAP, product claims, shipping, returns, compliance obligations, or other reseller-specific matters, the Reseller Agreement shall control. For clarity, purchases of Products through the wholesale purchasing portions of the Services are limited to approved Resellers, and no consumer or end-user purchase rights are created through these Terms.

SECTION 2 – INFORMATIONAL PURPOSES ONLY; NO MEDICAL ADVICE

The content and products offered through the Services are provided for general informational purposes only and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration (“FDA”). You should consult a qualified healthcare professional before using any products offered through the Services, especially if you are pregnant, nursing, have a medical condition, or are taking medication. You acknowledge and agree that you do not rely on any information provided by Skindamentals, LLC as medical or professional advice. We do not guarantee that descriptions, content, or other information made available through the Services are complete, current, or error-free.

SECTION 3 – PERMITTED USE; LIMITED LICENSE

Skindamentals grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Services solely for lawful purposes and in accordance with these Terms. If you are an approved Reseller, you may also access and use the wholesale purchasing portions of the Services for your internal business purposes and purchases authorized under the applicable Reseller Agreement. You may not misuse the Services, attempt to gain unauthorized access to any systems, copy, or exploit content for unauthorized commercial purposes, scrape or harvest data, interfere with the integrity or security of the Services, or engage in any unlawful, abusive, deceptive, or harmful activity.

SECTION 4 – INTELLECTUAL PROPERTY

All content, materials, trademarks, trade names, logos, product names, formulations, images, graphics, text, videos, site design, site layout, source code, compilation, and other intellectual property made available through the Services (collectively, “Website Content”) are owned by Skindamentals, LLC or its licensors and are protected by applicable copyright, trademark, trade dress, trade secret, and other intellectual property laws. Except for the limited right to access and use the Services as expressly permitted under these Terms, no right, title, or interest in any Website Content is transferred to you. You may not copy, reproduce, distribute, republish, display, modify, create derivative works from, scrape, download (other than ordinary browser caching), reverse engineer, or exploit any Website Content without our prior written consent. You may not use any Skindamentals trademark, trade name, logo, product name, or other branding in any manner that suggests affiliation, endorsement, sponsorship, or approval without our prior written consent. Unauthorized use of Website Content or branding may violate intellectual property laws and may result in termination of your access to the Services, injunctive relief, damages, or any other remedies available at law or in equity.

SECTION 5 – THIRD-PARTY SERVICES; FEEDBACK; ERRORS; PROHIBITED USES

The Services may contain links to third-party websites, services, tools, plug-ins, payment processors, analytics providers, or other functionality that we do not own or control, including hosting or ecommerce infrastructure providers such as Shopify. We provide access to such third-party services for convenience only, without endorsement or warranty, and your use of any such third-party service is at your own risk and may be subject to the third party’s separate terms and policies. Certain portions of the Services may be hosted, processed, or supported by third-party providers, and we are not responsible for the acts, omissions, products, services, or policies of such third parties except as required by applicable law.

If you submit ideas, comments, feedback, suggestions, or other materials to us, you agree that we may use them without restriction or compensation to you, and you represent that your submission does not violate any third-party rights. We reserve the right to correct errors, inaccuracies, or omissions in the Services at any time and to modify, suspend, reject, or cancel orders, registrations, content, or access if necessary.

You may not use the Services:

1. for any unlawful, fraudulent, deceptive, or harmful purpose;
2. to interfere with or breach the security or integrity of the Services;
3. to scrape, harvest, copy, or systematically extract data or content from the Services;
4. to submit false account, registration, or order information;
5. to attempt to access any wholesale or account functionality for which you have not been approved; or
6. in any manner that violates these Terms, an applicable Reseller Agreement, or applicable law.

SECTION 6 – PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy, available at: https://foundationsvitamins.com/policies/privacy-policy. By using the Services, you acknowledge that you have reviewed and agree to the Privacy Policy.

SECTION 7 – AVAILABILITY; SUSPENSION; TERMINATION

We do not guarantee that the Services, Website, Wholesale Portal, or any portion thereof will be available at all times or free from interruption, delay, error, security issue, or defect. We may modify, suspend, discontinue, or restrict access to all or any portion of the Services at any time, with or without notice, for maintenance, security, legal compliance, operational, or business reasons. We reserve the right, in our sole discretion, to suspend or terminate your access to the Services, any account, or any wholesale purchasing functionality at any time if we believe you have violated these Terms, an applicable Reseller Agreement, applicable law, or any policy governing use of the Services. Termination or suspension of access does not relieve you of any obligations incurred prior to such termination or suspension, and all provisions that by their nature should survive shall survive.

SECTION 8 – DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, WEBSITE, AND ALL PRODUCTS, INCLUDING FOUNDATIONS VITAMINS+, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SKINDAMENTALS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SKINDAMENTALS, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKINDAMENTALS, LLC OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SECTION 9 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKINDAMENTALS, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS. SKINDAMENTALS, LLC’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE PRODUCTS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100), OR THE AMOUNT PAID BY YOU TO SKINDAMENTALS, LLC FOR THE APPLICABLE PRODUCT IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS LESS.

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Skindamentals, LLC and its members, managers, employees, contractors, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. your use or misuse of the Services or products;
2. your violation of these Terms;
3. your violation of any applicable law or regulation; or
4. your infringement of any third-party rights.

SECTION 11 – GOVERNING LAW; DISPUTE RESOLUTION; VENUE

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Before initiating litigation, the parties shall first attempt in good faith to resolve any dispute arising out of or relating to these Terms or the Services through informal meet-and-confer discussions for a period of not less than ten (10) business days after written notice of the dispute. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in San Diego County, California, for any dispute arising out of or relating to these Terms or the Services, and each party waives any objection to personal jurisdiction or venue in such courts. If you are an approved Reseller or otherwise subject to an applicable Reseller Agreement, and there is any conflict between these Terms and the Reseller Agreement regarding dispute resolution, venue, or governing law, the Reseller Agreement shall control.

SECTION 12 – ELECTRONIC COMMUNICATIONS AND E-SIGNATURES

You consent to receive communications from Skindamentals, LLC electronically and agree that all agreements, notices, disclosures, and communications provided electronically satisfy any legal requirement that such communications be in writing. You agree that your electronic assent constitutes a legally binding signature under the U.S. Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”).

SECTION 13 – CHANGES TO TERMS

We may revise, update, or replace these Terms at any time in our sole discretion by posting the updated version on the Website. Unless we specify a later effective date, updated Terms become effective immediately upon posting. Your continued access to or use of the Services after updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. For approved Resellers, continued use of the Website or Wholesale Portal does not alter or supersede any separately applicable Reseller Agreement except as expressly provided therein.

SECTION 14 – INTEGRATION; SEVERABILITY; WAIVER

These Terms, together with any policies or documents expressly incorporated by reference, constitute the entire agreement between you and Skindamentals regarding the subject matter hereof. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Provisions that by their nature should survive termination shall survive, including without limitation intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

SECTION 15 – CONTACT INFORMATION

Skindamentals, LLC
Email: hello@skindamentals.com
Phone: (858) 808-2752
Address: 11610 Iberia Place, Suite 102, San Diego, CA 92128, United States