Effective Date: August 26, 2024

 

Welcome to Dionis Goat Milk Skincare and our Terms of Service. These Terms of Service are important and affect your legal rights, so please read them carefully. We know it is tempting to skip these Terms of Service, but just as we are transparent and thoughtful in the design of our products, so too do we believe it is important to be transparent and thoughtful about what you can expect from us as you use our services, and what we can expect from you. Understanding the Terms of Service is important because, by using our Services, you are agreeing to these terms.

 

These Terms of Service describe your rights and responsibilities when using Dionis Goat Milk Skincare, and www.dionisgmskincare.com (“Site”), all related websites, products, services, and related mobile applications (collectively the “Services”). For the purposes of the Terms of Service, references to “Dionis Goat Milk Skincare”, “we”, and “us”  means Creative Consumer Products, Inc., dba Dionis Goat Milk Skincare and its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

THESE TERMS OF SERVICE (“AGREEMENT”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICES. IF YOU ARE USING THE SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT (SECTION 17), WHICH MEANS THAT YOU AGREE (WITH ONE LIMITED EXCEPTION) TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. BY USING THIS SITE YOU WILL BE BOUND TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

1.               IMPORTANT DISCLAIMER REGARDING MEDICAL ADVICE.

THE STATEMENTS MADE ON THE SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.  THE SERVICES DO NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE SERVICES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

2.               ELIGIBILITY

You must be at least 18 years of age or otherwise the age of majority in your jurisdiction of residence, and legally able to enter into a contract in order to use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

3.               CHANGES TO TERMS OF USE

You agree that Dionis Goat Milk Skincare may, at our sole and complete discretion, change or modify portions of the Terms of Service at any time by adding new terms or by deleting or amending existing terms. If we do this, we will post the changes on this page and will indicate at the top of this page the date the Terms of Service was last revised. You may read a current, effective copy of the Terms of Service at any time by selecting the “Terms of Service” link on the Site. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms of Service, do not use or access (or continue to use or access) the Services.

4.               SERVICES

4.1            Personal, Non-Commercial Limited License. Subject to the terms of this Agreement, we grant you a limited revocable, non-transferable, non-exclusive license to access and use the Services for your personal, non-commercial use, and to copy, distribute, transmit and print the content of the Services only to the extent that such copying, distribution and transmission is automatically done through your browser software incidental to using the Services for your personal use. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings or descriptions; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools. In addition, you agree that all products purchased from and orders submitted through the Services are for your personal or household use and not for resale or any other commercial use.

4.2            Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) your use of the Services shall at all times comply with all applicable laws and regulations. Commercial use of any content on the Services or any goods purchased through the Services is strictly prohibited.  The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.  You may not use any meta tags or any other "hidden text" utilizing Dionis Goat Milk Skincare’s’ name or trademarks without the express written consent of Dionis Goat Milk Skincare. Any unauthorized use terminates the permission or license granted by Dionis Goat Milk Skincare.

4.3            Modification. We reserve the right to change, modify, suspend, or discontinue any information, features and functions of the Services without prior notice. You agree that we will not be liable to you or to any third party for any change, modification, suspension, or discontinuance of the Services or any part thereof. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion.

4.4            Ownership. You acknowledge that all the intellectual property rights in the Services are owned by Dionis Goat Milk Skincare or it’s licensors. The provision of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Dionis Goat Milk Skincare and its licensors reserve all rights not granted in this Agreement.

In order to use certain features of the Services, you must register for an account.  To register, complete the registration form by providing information such as your valid email address and creating a password to register your profile.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one account.  Each time you use your password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms of Service and Dionis Goat Milk Skincare has no obligation to investigate the authorization or source of any such access or use of the Services.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

5.               COMMUNICATIONS AND OPT OUT

Depending on you marketing settings and preferences, we may use your information to let you know about our products, services and offers or other initiatives that may be of interest to you and we may contact you to do so by email, phone, or text.  Additional information about these marketing activities, including options for opting out are described below. 

5.1            Email. Dionis Goat Milk Skincare may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. This opt out will not apply to operational or informational emails related to your account such as correspondence providing information about your purchases or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Sites, our business, and/or third parties. You may continue to receive promotional email messages for a short period while we process your request.

5.2            Text Messaging.  Dionis Goat Milk Skincare, its affiliated companies, and necessary third-party service providers and those acting on its behalf may send you marketing or other promotional text messages to the extent that you have provided the appropriate opt-in consent.  Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Dionis Goat Milk Skincare. Texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. If you change or deactivate the phone number you provided to Dionis Goat Milk Skincare, we ask that you update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You may opt out of receiving text messages from Dionis Goat Milk Skincare at any time by replying STOP to any text message. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request.

6.               USER CONTENT

6.1            User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that Dionis Goat Milk Skincare is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Dionis Goat Milk Skincare does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. 

6.2            User Content Restrictions. You agree not to use the Services, or any of Dionis Goat Milk Skincare’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

6.3            User Content Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Dionis Goat Milk Skincare. You acknowledge and agree that Dionis Goat Milk Skincare is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Dionis Goat Milk Skincare does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.

6.4            Right to Remove Content.  You agree that Dionis Goat Milk Skincare has the right to remove any content, including User Content, from the Services at any time, with or without cause.  Posting and sharing content on the Services is a privilege and not a right.  Dionis Goat Milk Skincare also has the right to refuse, move, or block access to any material submitted on or through the Services, and to establish general practices and limits concerning use of the Services.  The decision of whether or not to remove content from the Services is within our sole and complete discretion.  Dionis Goat Milk Skincare has no obligations, contractual or otherwise, to take or refrain from taking any action.  Under no circumstances will Dionis Goat Milk Skincare be liable for removing or failing to remove any content.

6.5            License. You hereby grant, and you represent and warrant that you have the right to grant, to Dionis Goat Milk Skincare an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

7.               SUBSCRIPTION TERMS

You may purchase a subscription offered by Dionis Goat Milk Skincare, subject to the terms below:

7.1            Subscriptions.  If you purchase a Beauty Box subscription, you will receive a shipment each season containing a variety of products Dionis picks for you. You cannot customize or modify the items included in your subscription box. For beauty box subscriptions, you can select the quantity of the product and pause the next shipment as you wish. If you purchase a single-item subscription, you will receive the product at the frequency you select. For single-item subscriptions, you can select the quantity of the product and the frequency of each shipment and pause the next shipment as you wish. If you do not update your subscription selections for any given shipment, we will automatically send you the selections from your previous shipment.  

7.2            Auto-Renewal And Cancellation Terms.

IF YOU ARE PLACING AN ORDER AS PART OF THE BEAUTY BOX SUBSCRIPTION, OR SINGLE ITEM SUBSCRIPTION YOUR MEMBERSHIP IN THE PROGRAM WILL REMAIN IN EFFECT UNTIL IT IS CANCELLED BY YOU OR BY DIONIS GOAT MILK SKINCARE. WE RESERVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION AT ANY TIME.

Subscriptions continue until you cancel. You may cancel your subscription(s) at any time. To cancel your subscription(s), you can do so online at any time (in your account settings) or by calling Dionis’ Customer Support at 1.800.566.7627 Monday – Friday 9:00 am – 5:00 pm EST. Please note subscriptions cannot be cancelled via email, Facebook or other forms of social media. No refunds will be given after products are shipped.

8.               SALES TERMS

8.1            Billing and Payments.  We accept the following bank or credit cards: Visa, MasterCard, American Express, and Discover. For your convenience, we will save your bank or credit card information.  You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly and will use such updated information to process payments for your future purchases and subscriptions.

Where permitted by applicable law, you agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.  Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

8.2  Shipping.  We will ship or deliver the goods purchased to the destination provided by you, as soon as reasonably practicable.  We reserve the right to fill orders on a pro rata basis if inventory shortages arise.  We also reserve the right to hold your shipment because of inclement weather or any other shipping related delays.  All delivery dates provided are best estimates based on prevailing conditions when given and we will not liable if it fails to meet any estimated delivery dates.  The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.

8.3            Returns.  Returns are not accepted for orders placed on the Site unless the product is deemed defective. For more information on returns, refunds, and exchanges, please review the policies below. For more information on returns please go to our Return Policy page. 

8.4            Product Descriptions. Dionis Goat Milk Skincare does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.  In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.

9.               WARRANTY DISCLAIMER

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SERVICES AND THE PRODUCTS OFFERED ON THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DIONIS GOAT MILK SKINCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIONIS GOAT MILK SKINCARE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIONIS GOAT MILK SKINCARE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER PENNSYLVANIA LAW.

10.            LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIONIS GOAT MILK SKINCARE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR MATERIALS ON THE SERVICES, EVEN IF DIONIS GOAT MILK SKINCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIONIS GOAT MILK SKINCARE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID DIONIS GOAT MILK SKINCARE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER PENNSYLVANIA LAW.

11.            COPYRIGHT

The technology underlying the Services and the entire contents of the Services including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, and other copyright laws, and is the property of Dionis Goat Milk Skincare and protected by copyright and other intellectual property or proprietary rights. The work includes works that are licensed to Dionis Goat Milk Skincare. © 2023 Dionis Goat Milk Skincare. All rights reserved.Dionis Goat Milk Skincare respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

· Your physical or electronic signature;

·Description of the copyrighted work(s) that you claim to have been infringed;

· Description of the material on our services that you claim is infringing and that              you request us to remove;

·Sufficient information to permit us to locate such material;

·Your address, telephone number, and e-mail address;

· A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

· A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. 

The Designated Copyright Agent for Dionis Goat Milk Skincare is:

Legal CouncilDionis Goat Milk Skincare105 Whisper Wood CtNewtown, PA 18940

12.            TRADEMARKS

All trademarks, service marks and trade names of Dionis Goat Milk Skincare on the Services are trademarks or registered trademarks of Dionis Goat Milk Skincare or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.

13.            INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dionis Goat Milk Skincare, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising out of related to: (i) any violation of these Terms of Service, (ii)  your use or misuse of the Services (including negligent or wrongful conduct) by you or any other person accessing the Services using your identification or password; (iii) your User Content; or (iv) your violation of applicable laws or regulations.

14.            PRIVACY AND RELEASE

By agreeing to these Terms of Service, you acknowledge and agree that you have read, understand, and consent to the processing of your personal information as set forth in our Privacy Policy including, but not limited to, the use web traffic and website usage analytics and tracking technologies, such as cookies, pixel tags, and Java scripts. Registration data and other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of the Services may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that you do not have a reasonable expectation of privacy in connection with the use of analytics and tracking technologies or the collection and/or sharing of personal information by us or our third party advertising partners using these technologies. To the maximum extent permitted under applicable law, you hereby release with prejudice and discharge Dionis Goat Milk Skincare from, and waive the assertion of, any and all claims, demands, and damages based on or arising out of Dionis Goat Milk Skincare’s use of such analytics and tracking technologies in connection with your access to and/or usage of this Website prior to your acceptance of these Terms of Service.  You hereby waive and relinquish the provisions, rights, and benefits, if any, of Section 1542 of the California Civil Code, which provides as follows:A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY

15.            THIRD-PARTY LINKS AND SITES

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Dionis Goat Milk Skincare. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

16.            SUBMISSIONS

16.1         Unsolicited Submissions.  We welcome your feedback and comments regarding our products and services (“Feedback”). However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Dionis Goat Milk Skincare’s professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative ideas, suggestions or materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an "Unsolicited Submission"), you acknowledge and agree that we may treat the Unsolicited Submission and all Feedback to be non-confidential and non-proprietary in each instance and in all respects.  All Unsolicited Submissions made by you shall be the sole property of Dionis Goat Milk Skincare and will not be acknowledged or returned.

 

16.2        Requested Submissions . From time to time, we may solicit creative ideas, suggestions or materials from users of our Services. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a "Requested Submission"), you acknowledge and agree that we may treat the Requested Submission as non-confidential and non-proprietary in each instance and in all respects.

16.3         Assignment of Rights.  You agree that we have no obligation of confidence to you with respect to any Feedback or submission and we shall not be liable to you in any way for any use or disclosure of any Feedback or submission. We may use any Feedback or submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, personalization, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.  You hereby assign to Dionis Goat Milk Skincare all worldwide rights in and to the Unsolicited Submission and Feedback, including all intellectual property rights thereto. By submitting Feedback or a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials. You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any Feedback or submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

17.            ARBITRATION

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Here at Dionis Goat Milk Skincare, we are committed to customer satisfaction. Part of that commitment is addressing problems and disputes in a fair, effective and cost-efficient manner. Most of the time that you have a concern, that concern can be resolved quickly and to your satisfaction if you will first give us an opportunity to resolve your problem or dispute.Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Dionis Customer Support at 1.800.566.7627 or send the written description by U.S. Mail to 105 Whisper Wood Ct, Newtown, PA 18940; Attn: Legal Council. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.These Terms of Service provide that disputes may be resolved in binding arbitration or small claims court.

17.1         Arbitration Agreement: United States Only.  Except for disputes brought in small claims court, you agree that any and all disputes between you and Dionis Goat Milk Skincare arising out of, relating to or in connection with the Services shall be exclusively settled through binding arbitration on an individual basis, as set forth in this Arbitration Agreement. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as you and Dionis Goat Milk Skincare mutually agree) and shall be before one arbitrator. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Service are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.  The arbitrator’s award may be entered in any court of competent jurisdiction. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.

17.2         No Class Actions: You and Dionis Goat Milk Skincare each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you agree to arbitrate in your individual capacitys only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

17.3         Rules and Governing Law.  The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Service.  The parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Pennsylvania, without regard to its conflict of laws provisions.

17.4         Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential.

17.5         Arbitration Agreement: Canada. In Canada, if a dispute is not resolved through our Dionis Goat Milk Skincare services, the parties involved in the dispute may agree to resolve the dispute using final and binding arbitration. If the parties elect to use arbitration, claims shall be referred to the ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.

18.            SEVERABILITY, SURVIVAL AND WAIVER

If any portion of the Terms of Service are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. The failure of Dionis Goat Milk Skincare to assert a right under these Terms of Service or insist upon compliance with any term or condition of these terms shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by You.

19.            TERM AND TERMINATION

These Terms of Service are applicable to you upon your accessing the Services. We may (a) suspend your rights to use the Services (including your Account) or (b) terminate this Agreement, at any time and for any reason whatsoever, at our sole and complete discretion. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. The provisions relating to Copyrights, Trademark, Warranty, Disclaimer, Limitation of Liability, Privacy, Submissions, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.

20.            SWEEPSTAKES & GIVEAWAYS

Occasionally we will hold sweepstakes & giveaways that provide our customers and followers a chance to win prizes. We promote these giveaways through our social media platforms and email communications. To enter these sweepstakes & giveaway follow Dionis (@dionisskincare) on social media (Facebook, Instagram, Tiktok, Pinterest or Twitter) and join our herd by subscribing to our marketing emails on our website. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link displayed on the web page where the contest or game may be located.  By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures.  Please remember to read the rules carefully before participating.  NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

20.1         Publicity & Marketing. Submission of an entry in the Sweepstakes or Giveaway constitutes permission, but not the obligation, to Dionis Goat Milk Skincare to use entrant’s name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with a Giveaway or Sweepstakes (whether or not required), including, without limitation, mailing address, phone number, and email address during entry constitutes permission for Dionis Goat Milk Skincare to use entrant’s personal information for purposes of administration of the Giveaway or Sweepstakes and for other promotional purposes.

20.2         Right to Withdraw.  If you wish to withdraw from any Sweepstakes or Giveaway, you may submit such a request by sending an e-mail to info@dionisgmskincare.com and we will use commercially reasonable efforts to honor your request.

21.            MISCELLANEOUS. This Agreement constitutes the entire agreement between you and Dionis Goat Milk Skincare regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Dionis Goat Milk Skincare of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” sNothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Dionis Goat Milk Skincare. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Dionis Goat Milk Skincare’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.