Thank you for exploring our website, which is owned and operated by NeoGenesis, Inc. (referred to collectively as “We”, “Us”, or “Our”). Kindly review these terms of use (“Terms of Use”) carefully before using our services.

BY ACCESSING OUR SITES, PURCHASING OUR PRODUCTS, USING OUR SERVICES, AND/OR PROVIDING US WITH USER CONTENT, YOU ARE ENTERING INTO A BINDING LEGAL AGREEMENT. THESE TERMS REQUIRE CAREFUL READING. YOUR ACKNOWLEDGMENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY OUR TERMS IS ESSENTIAL. IF YOU DO NOT AGREE TO THESE TERMS, WE KINDLY ASK THAT YOU REFRAIN FROM ACCESSING OUR SITES, PROVIDING US WITH USER CONTENT, OR PURCHASING PRODUCTS OR SERVICES FROM US.

These Terms of Use apply to all Site users, including contributors of content, information, and services. If you disagree with the Terms of Use, you are not authorized to access, view, download, or use the Site or purchase cosmetics; therefore, you should refrain from doing so.

We reserve the right to modify, add, or remove sections of these Terms of Use at our discretion going forward. It is your responsibility to review these Terms for changes before using the Site. Your continued use of the Site after changes are posted indicates your acceptance of any modifications.

Privacy

We have developed a Privacy Policy to inform you of our practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Policy, which is incorporated into these Terms of Use, on our home page and by using this Site you agree to the terms of the Privacy Policy.

General Terms of Use

Unless specifically stated otherwise, the products and services offered on the Site are meant for personal, non-commercial use exclusively. By using the Site, you agree to adhere to all international, federal, state, and local laws, utilizing it solely for lawful, noncommercial purposes. Unless explicitly allowed in the Terms of Use, you are restricted from activities like reproduction, distribution, reverse engineering, modification, publication, display, transmission, adaptation, framing, linking, renting, leasing, selling, licensing, or exploiting the Site’s content in any manner.

Eligibility

You affirm that you (a) are of legal age in your jurisdiction, (b) have not been previously suspended from the Site, (c) maintain only one account at a time, (d) will provide accurate information when registering, and (e) have the authority to agree to the Terms of Use without violating any existing agreements. Any false information or suspected fraudulent activity may result in denial or termination of access to the Site or Services.

Your Account

When creating an Account, you must provide your name, email address, and set a password (referred to as your “Account Information”). Do not share this information with anyone else. If another person logs into our Site or Services using your Account Information, we will assume it is you or your authorized representative. You are responsible for all activities under your Account, including Orders. We reserve the right to take necessary security actions, such as terminating your Account or changing your password, to protect the Site and your Account. You are accountable for any actions of users accessing the Site under your Account Information that would violate our Terms of Use if done by you. Do not use someone else’s Account without permission. Notify us immediately if you suspect unauthorized use of your Account Information. You agree not to create multiple Accounts, use another individual’s Account without permission, or create an Account for a group or entity without authorization.

User Content

User comments, information, and submissions are welcomed. Additionally, both you and other Site users may have opportunities to share various forms of content, such as ideas, data, music, images, messages, and more (referred to as “User Content”). Your posted User Content on this Site is considered non-confidential and non-proprietary, subject to our Privacy Policy. Any content you share with us can be used by us, our affiliates, and licensees for various purposes without needing to credit or compensate you.

While we cannot prevent other users from using or modifying the User Content you share, it is advisable not to post confidential information if you wish to keep it private. We and our affiliates are not liable for any misuse of User Content posted on the Site by other users.

Review of Submissions

We are not required to verify user identities when they access the Site or to oversee User Content provided by users. You understand that we may choose to prescreen, monitor, review, edit, or delete the User Content you and others post on the Site. We and our representatives have the authority to adjust, relocate, reject, block, or delete any User Content, entirely or partially, for any reason or without explanation, with or without advance notice. We and our representatives also reserve the right to examine, read, retain, and disclose any information that we reasonably believe is essential to (i) comply with any relevant law, regulation, legal procedure, or government request, (ii) uphold these Terms of Use, which includes investigating potential violations, (iii) identify, prevent, or address fraud, security, or technical problems, (iv) respond to user assistance requests, or (v) safeguard our rights, property, or safety, as well as those of Site users and the general public.

User Conduct

When you post User Content or use any interactive service on the Site, you acknowledge that you are solely responsible for the User Content you provide. Additionally, you agree not to violate the Terms of Use by using the Site for unauthorized purposes. Your activities on the Site are your responsibility.

As an illustration, but not as a restrictive measure, you agree not to use the Site for the following purposes:

(a) Uploading, posting, emailing, or transmitting any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of privacy, hateful, or containing nudity or explicit descriptions or depictions of sexual or violent acts, or any content deemed inappropriate at our sole discretion;

As an illustration, but not as a restrictive measure, you agree not to use the Site for the following purposes:

(a) Uploading, posting, emailing, or transmitting any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of privacy, hateful, or containing nudity or explicit descriptions or depictions of sexual or violent acts, or any content deemed inappropriate at our sole discretion;

(b) Inflicting harm on any individual;

(c) Sharing User Content that victimizes, harasses, degrades, or intimidates individuals based on impermissible classifications, infringes on intellectual property rights, or is transmitted without the legal right to do so;

(d) Transmitting materials containing viruses or code intended to disrupt the Site’s functionality;

(e) Unauthorized access to systems or data;

(f) Disrupting the Site’s operations or violating network regulations;

(g) Violating any law or regulation;

(h) Engaging in activities that encourage criminal or liability-inducing conduct

(i) Using the Site for commercial purposes or solicitation;

(j) Encouraging membership in commercial services or groups;

(k) Misrepresenting yourself or others;

(l) Sharing personal identification or financial information;

(m) Breaching the Privacy Policy.

We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (1) determine whether a violation of the Terms of Use has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.  Violation of these terms may lead to immediate termination of Site access and legal consequences. We reserve the right to investigate and enforce these terms as needed.

No Endorsement

We do not exercise control over the User Content uploaded on the Site. Therefore, we do not provide assurances about the veracity, accuracy, reliability, integrity, or quality of User Content. We do not ascertain whether User Content infringes upon the rights of others, and we lack the authority to determine if User Content may be offensive to you or other users. User Content comprises the viewpoints, declarations, and other content of third parties, not us. You understand and agree that the information and perspectives expressed by you and fellow users in User Content on the Site may not necessarily align with our opinions or those of our content providers, advertisers, sponsors, affiliates, or related entities. We neither endorse nor support any User Content or other content shared by you or any user on the Site or otherwise accessible through it.

Our Right to Use User Content

You do not have to submit anything to us, but if you choose to submit any User Content to the Site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We and our designees also have the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.

Transmitting Materials

You acknowledge that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) adaptations to meet the technical requirements of connecting networks or devices. We do not accept responsibility for the deletion or failure to store postings or other information submitted by you or other Site users.

By agreeing, you commit not to harvest, collect, or store information about Site users or User Content, nor to use such information for purposes conflicting with the Site’s intent or for transmitting unsolicited advertising or bulk electronic communications. You are prohibited from: (i) causing an unreasonable load on our infrastructure; (ii) disrupting the proper functioning of the Site; (iii) circumventing any access prevention measures; (iv) running auto-responders or spam; (v) using software to crawl the Site; or (vi) scraping content from the Site.

Product Availability

The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location, inventory and timing.

Orders, Prohibition on Reselling

It is customary for us to confirm orders via email; however, the receipt of an email order confirmation does not signify our acceptance of an order or a confirmation of an offer to sell a product or service. We retain the right, without prior notice, to limit the quantity of any product or service ordered and/or decline service to any customer. Additionally, we may request information verification before accepting and/or shipping any order.

All orders dispatched are subject to a shipment contract. Consequently, the risk of loss and title for these items transfer to you upon our delivery to the carrier.

Purchasing items from this site for resale, whether by you or any other individual, is prohibited. The prices listed on the site are denominated in U.S. dollars and are intended to be applicable solely within the United States. We reserve the right to reject or annul placed orders, including instances where a product(s) is priced incorrectly, irrespective of whether the order has been confirmed or your credit card has been charged. In the event that your credit card has already been charged and your order is canceled, a credit will be issued to your credit card account.

Intellectual Property Rights

The Site, along with all its contents such as articles, text, images, videos, software, logos, and more (referred to as “Proprietary Material”), are safeguarded by copyright and trademark laws in the United States and internationally. This Proprietary Material is either owned by NeoGenesis, Inc. or by parties granting rights to NeoGenesis, NeoGenesis.

Unless expressly permitted or with prior written consent, you agree not to use, reproduce, display, create derivative works from, or distribute the Proprietary Material for any purpose. Altering materials on the Site or using them in unauthorized ways violates our copyright and proprietary rights.

Claims Regarding Copyright Infringement

NeoGenesis, Inc. upholds the intellectual property rights of others. If you are a copyright owner or agent believing that User Content or other Site content violates your copyright, you can submit a DMCA notification. Provide our Copyright Agent with the following in writing:

• The physical or electronic signature of the owner or authorized person of the infringed exclusive right.
• Identification of the copyrighted work infringed, or a representative list, if multiple works.
• Details to locate the infringing material(s).
• Contact information: name, address, phone, and email.
• Statement affirming non-authorized use belief.
• Statement, under penalty of perjury, confirming accuracy and authorization.

Failure to meet these requirements may render your DMCA notification ineffective. Our Copyright Agent for infringement claims is:

Digital Media Dept. c/o NeoGenesis, Inc.
7394 Trade Street
San Diego, CA 92121
info@neogenesis.com

Upon receipt of a valid infringement notification, we will promptly investigate and process the claim. If warranted, we will swiftly take action to remove or disable the allegedly infringing material. Furthermore, we will make reasonable efforts to promptly inform the uploader that the content has been removed or disabled at their request.

This notification procedure in no way restricts NeoGenesis’ ability to exercise its other rights or pursue additional remedies to address infringement claims.

Account Termination

If you are identified as a repeat infringer, we reserve the right to terminate your account on the Site and any affiliated websites. Should you suspect a user of repeated infringement, kindly refer to the guidelines above to reach out to our Copyright Agent with details for verification purposes.

Google reCAPTCHA

We have implemented the invisible reCAPTCHA on our site and your use of the invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.

Third Party Websites and Links

You have the option to connect to third-party websites, services, or resources through the Site, and these external sources may also have links back to the Site (referred to as “Linked Sites”). We do not take responsibility for the content, availability, advertisements, products, services, or any other materials found on these Linked Sites, including any further links within them. Our inclusion of links to these Linked Sites on our platform does not indicate our endorsement or approval of the materials available on or through these Linked Sites. We shall not be held liable, either directly or indirectly, for any loss or damage resulting from or caused by the use of these Linked Sites or the information and materials accessed through them.

Third Party Merchants

The Site may facilitate your purchase and receipt of products, information, and services from businesses not owned or operated by us. Your transactions with these businesses, including purchase, payment, warranty, delivery, and all related matters, are solely your responsibility. We do not endorse, warrant, or guarantee the products, information, or services offered. Monitoring transactions or ensuring transaction confidentiality between you and third-party providers is not our role.

Advertisements, Sponsorships, Co-Promotions and Other Partnerships

Advertisements for third-party goods and services may be showcased on the Site as part of co-promotions, sponsorships, affiliates, and other partnership agreements. It should be noted that we do not endorse or vouch for the safety, quality, accuracy, reliability, integrity, or legality of any of the advertised goods or services.

Rewards Bonus

The Rewards Bonus, for each Wholesale order of $500 or more, is given as a Store Credit on your account within 24 of the qualifying order being placed. The Rewards Bonus is cumulative and calculated based on the total order value. Orders returned will be credited per the original order; if store credits were used to pay all or part of the original order, those store credits will be placed back onto your account. Store credits can be used anytime and do not expire. If you have any questions regarding the Rewards Bonus, please email koconnor@neogenesis.com with your inquiry.

Contests

Periodically, this Site and/or one or more of our Social Media platforms, may feature contests with prizes or requests for your submission of personal material or information. Each contest comes with its specific rules that you must review and accept prior to participation.

Events

You may be invited or asked to attend events we sponsor, or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk.

1-on-1 Video Consultation Services

This site may offer the ability to set up or schedule a video consultation that allows you to interact with one of our Educators or Partner Professionals, all of whom are Licensed Skin Care Professionals. By using this service, you consent to enable your camera to connect to live consultations with a skin care professional. The video consultation is live and will not be recorded without your permission.

During your live consultation with one of our Licensed Skin Care Professional, you can discuss your skincare concerns, ask questions, and receive product and protocol recommendations.

When using the video consultation features, you agree to the Terms of Use and must adhere to its guidelines, including those related to User Conduct.

Termination

We reserve the right to suspend or terminate your access to the Site, including deleting your profile and any content you have posted, or restricting your use of the Site, at our discretion, with or without notice. This action could lead to the removal of associated information and activities on the Site. Should you choose to close your account, please follow the outlined steps on the Site. Any fees paid are non-refundable. Even after termination, you are still obligated to adhere to the Terms of Use.

Governing Law; General Information

We manage and operate the Site from our offices in the State of California, United States of America. While we welcome visitors from around the world to explore the Site, visitors acknowledge that the Site and all activities offered on it are governed by the laws of the United States of America and the laws of the State of California. We do not claim that the Site materials are suitable or accessible in all locations. Individuals who choose to visit the Site from other places do so voluntarily and must comply with local laws.

By using the Site, you agree that the laws of California, without considering conflicts of law principles, along with our Terms of Use, Privacy Policy, and any other posted policies, will govern your use of the Site. Keep in mind that your use of the Site may also be subject to various local, state, national, and international regulations. You explicitly agree that any claim or dispute with us (or our affiliates) related to your use of the Site will fall under the exclusive jurisdiction of the courts in the County of San Diego, California. You consent to such jurisdiction in connection with any disputes involving us, our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

Arbitration

By using this website, you consent that NeoGenesis or one of its affiliates may, at its discretion: (1) require that any disputes or causes of action related to these Terms, the website, and its offerings be resolved individually through arbitration, including class actions, following the rules of the American Arbitration Association.

In order to expedite and control the cost of disputes, You and NeoGenesis agree that any legal or equitable claim, dispute, or controversy, whether lying in contract or tort, including without limitation constitutional, statutory, common law, regulatory, and equitable claims and claims regarding the validity, enforceability or scope relating to these Terms, the use of this Site, or the purchase, performance or use of any NeoGenesis product from this Site (“Claim”) shall be resolved and strictly limited to Informal Resolution and Formal Resolution Including Class Action Waiver, as follows:

A. Informal Resolution:

You and NeoGenesis shall first attempt to promptly resolve any Claim informally prior to filing a Formal Resolution by Arbitration Including Class Action Waiver. Please send a written notice describing the dispute to info@neogenesis.com.

B. Formal Resolution by Arbitration Including Class Action Waiver

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION.

If You and NeoGenesis cannot first resolve a Claim informally, any Claim asserted by You or NeoGenesis shall be resolved only by binding arbitration, which You agree shall be decided and governed by the Federal Arbitration Act (9 U.S.C. §1, et seq.), to the exclusion of any different or inconsistent state or local law or judicial rule. Such binding arbitration shall be conducted before a single arbitrator appointed in accordance with its applicable rules by the organization You select among the following: the Better Business Bureau, American Arbitration Association, Legal Resolution Center, Judicial Arbiter Group or Judicial Arbitration and Mediation Services. The arbitration shall be conducted in the applicable organization’s office that is nearest to a NeoGenesis location of its choosing. NeoGenesis and You shall split the filing, arbitrator, and other administration fees. You and NeoGenesis shall each be responsible for our own attorney, expert, and other fees unless such fees are awarded by the arbitrator under applicable law. The amount NeoGenesis pays will be reimbursed in whole or part if the arbitrator finds that any of Your claims are frivolous under applicable law.

YOU AND NEOGENESIS UNCONDITIONALLY WAIVE THE RIGHT TO LITIGATE ALL CLAIMS IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL, TO PARTICIPATE AS A MEMBER OF ANY CLASS IN ANY CLASS ACTION, INCLUDING CLASS ARBITRATION, AND TO CONSOLIDATE ANY ARBITRATION WITH OTHERS.

A printed copy of the Terms of Use and any electronically provided notice will be accepted in judicial or administrative proceedings related to the Terms of Use with the same validity and under equivalent conditions as other business documents originally created and stored in printed form.

These Terms of Use constitute the complete agreement between you and us regarding the Site and any User Content, superseding all prior or concurrent communications and proposals, whether oral, written, or electronic. If any provision of these Terms of Use is deemed illegal or unenforceable, the remaining terms shall remain valid, binding, and enforceable. Failure to exercise any right provided herein does not waive further rights. These Terms of Use do not create an agency, partnership, joint venture, or employment relationship, and neither party has the authority to bind the other.

Notices

Unless specified otherwise in these Terms of Use, all notifications under these terms will be in writing and will be considered received as follows: upon personal delivery or through certified or registered mail with return receipt; upon electronic confirmation of receipt for facsimile or email transmissions; or the day after sending for next-day delivery via recognized overnight courier.

For any inquiries, please refer to the contact methods outlined on our Contact Us page. By using the Site, you consent to receiving notifications related to your Site usage via email, general notices on the Site, or written communication delivered through overnight courier or U.S. mail to the email or mailing address on record.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@neogenesis.com.

Last updated: October 14, 2024