Terms and Conditions of Use

UPDATED: October 31, 2016

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Terms of Use Agreement (the "Agreement") specifies the Terms and Conditions for access to and use of www.oilandwatersc.com (the "Site") and describes the terms and conditions applicable to your access to and use of the Site. This Agreement may be modified at any time by Oil and Water Skincare LLC (“Oil and Water”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.oilandwatersc.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. In addition, when using the Site, you shall be subject to any posted policies, guidelines, or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, Oil and Water’s Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use.

3. Ownership. All content included on this site is and shall continue to be the property of Oil and Water or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intended Audience. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.

5. Trademarks. You acknowledge Oil and Water's exclusive rights to the Oil and Water trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Oil and Water or the party that provided such intellectual property to Oil and Water. Oil and Water and any party that provides intellectual property to Oil and Water retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights to such materials are transferred or assigned to you.

6. Site Use. Personal and Non-Commercial Use of www.oilandwatersc.com is for your personal and non-commercial use, unless otherwise specified. You may not use any service provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Oil and Water. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to this website.

7. Compliance with Laws. You must abide by all federal, state, and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

8. No Professional Advice or Medical Information. Oil and Water employees are not authorized to provide medical or other professional advice. You should not use the information you obtain from this Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider. Please consult with your physician or other healthcare provider if you have health-related questions before using any Oil and Water products or relying on any information you obtain from this Site. All products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients of products to avoid potential allergic reactions.

THE STATEMENTS ON THIS SITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. OIL AND WATER PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES.

9. Site Transactions. Oil and Water reserves the right to request further identification for credit card processing on any order you place with on the Site. Oil and Water reserves the right to change and/or refuse any order you enter on the Site. Oil and Water may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order, including multiple orders entered by or under the same customer account and/or under the same credit card, and/or orders that use the same billing and/or shipping address. Oil and Water reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors. In the event that Oil and Water changes or cancels an order, Oil and Water will attempt to notify you by contacting the applicable contact information provided when the order was submitted on the Site.

10. International Issues. Oil and Water controls and operates the Site from the U.S.A., and makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent that local laws apply. The Site may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. Oil and Water reserves the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any content, program, product, service, or other feature that it provides. The parties disclaim any application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.

9. Indemnification. You agree to indemnify and hold Oil and Water, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties for any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.

10. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. OIL AND WATER DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

11. Limitation of Liability. OIL AND WATER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF OIL AND WATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR OIL AND WATER WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OIL AND WATER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO OIL AND WATER FOR THE USE OF THE WEBSITE, OR ANY SERVICE OR PRODUCT IT PROVIDES.

12. Use of Information. Oil and Water reserves the right, and you authorize Oil and Water, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Oil and Water reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to Oil and Water’s Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed upon;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site is Sachs Law, P.C., who can be reached as follows:

By Mail: 11 Broadway, Ste 615, New York, NY 10004

By E-mail: notice@sachslawpc.com

14. Applicable Law. Governing Law; Venue; Actions. If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of New York, County of New York. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

16. Waiver. The failure of Oil and Water to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Oil and Water must be in writing and signed by an authorized representative of Oil and Water.

17. Modification and Termination. Oil and Water reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that Oil and Water will not be liable to you or any third party for any modification, suspension, or discontinuance of the website or any service.

18. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

19. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Oil and Water and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Oil and Water with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including, but not limited to, the Privacy Policy), guidelines, or rules that may apply when you use the Site. Oil and Water may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

20. Contact Information.

Oil and Water Skincare LLC

hello@oilandwatersc.com

Oil and Water Terms and Conditions of Sale

UPDATED: October 31, 2016

ALL TRANSACTIONS ARE GOVERNED BY SELLER’S TERMS AND CONDITIONS OF SALE. ANY PROPOSAL THAT INCLUDES DIFFERENT OR ADDITIONAL TERMS THAT VARY FROM OIL AND WATER SKINCARE LLC (“SELLER”) TERMS AND CONDITIONS OF SALE ARE OBJECTED TO AND DISALLOWED. NOTWITHSTANDING THE FOREGOING, ANY SUCH COUNTERPROPOSALS BY BUYER SHALL NOT OPERATE AS A REJECTION OF THE CONTRACT OF SALE, BUT AS A REJECTION OF THE ADDITIONAL OR DIFFERENT TERM(S).

1. FORMATION OF CONTRACT. An order is deemed by Seller to be an offer to purchase, which Seller may accept or reject in its sole discretion. Seller’s acceptance of an offer to purchase is binding on Seller only if made by written instrument or, if not by written instrument, by shipment of the products ordered (and acceptance by shipment shall only be binding as to the portion of the order actually shipped by Seller). Any automatic or computer generated response to an order by Seller’s automated order management system or CRM or otherwise shall not be deemed acceptance of an order. Seller’s acceptance is subject to Seller’s Terms and Conditions of Sale stated herein.

2. PAYMENTS. If you wish to purchase any product or service made available through Seller (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information (through Seller website or otherwise), you grant to Seller the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Seller reserves the right to cancel any sale if Seller deems Buyer unable to pay for any products. Seller reserves the right, in its sole discretion and without prior notice, to deny, change, or limit the amount or duration of credit to be allowed Buyer, either generally or with respect to a particular purchase order, and may require cash payments in advance or security satisfactory to Seller. Payments are accepted using credit and debit cards with the Visa®, MasterCard®, Discover®, or American Express® logo.

3. Promotional Codes. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

4. SELLER’S RIGHT TO TERMINATE. Seller reserves the right, without notice and in its sole discretion, to terminate your subscription (i) if you violate any of these Terms and Conditions of Sale or Seller’s website Terms of Use, (ii) for any reason, or (iii) for no reason.

5. COST OF DELIVERY, TAXES AND OTHER CHARGES.  Buyer shall pay the costs of delivery of the products as indicated during checkout. Buyer shall pay all sales, use, excise, or similar taxes, or other charges, which Seller is required to pay, or to collect and remit, to any Government (national, state, or local) and which are imposed on or measured by the sale.

6. TRANSFER OF PROPERTY AND RISK OF LOSS.  Seller retains the right and title to the products sold to Buyer until Seller ships the products. Buyer shall obtain the right and title to the products upon payment to Seller of the purchase price and any taxes, excise, or other charges, after Seller ships the products. The risk of loss, including, but not limited to, the risk of loss, theft, damage, or destruction of the products, transfers to Buyer upon delivery to the carrier.

7. NO SET-OFF.  Buyer shall have no right of set-off or withholding, and no deduction of any amounts due from Buyer to Seller shall be made without Seller’s prior, express written approval.

8. GOODS NOT FOR RESALE OR EXPORT. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including, but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").

9. DISCLAIMER OF WARRANTIES.  THE WARRANTIES SET FORTH HEREIN OR IN SELLER’S WARRANTY DOCUMENTS WITH RESPECT TO A PRODUCT ARE THE ONLY WARRANTIES MADE BY SELLER IN CONNECTION WITH THE PRODUCTS AND THE TRANSACTIONS CONTEMPLATED AS A RESULT OF THIS SALE. SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS TO BUYER OR ANY OTHER PERSON OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND SELLER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRODUCTS SOLD HEREUNDER ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY THE SELLER IN WRITING. SELLER’S SOLE OBLIGATION FOR A REMEDY TO BUYER SHALL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES.

10. LIMITATION OF LIABILITY.  No claim by Buyer of any kind including, but not limited to, claims for indemnification, whether as to quality or amount of product delivered or non-delivery, shall be greater in amount than the purchase price for the products in respect of which damages are claimed. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS OF BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE, OR LOSS OF THE PRODUCTS SOLD HEREUNDER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.

11. INSPECTION AND RETURNS.  Buyer shall inspect the products promptly upon receipt for non-conformity (including, but not limited to, non-conformity for quantity, quality, and/or defects). Failure by Buyer to provide Seller with written notice of a claim within 7 days from the date of delivery or, in the case of non-delivery, from the date fixed for delivery, shall constitute a waiver by Buyer of all claims with respect to such products. Exchanges, refunds, or returns are not accepted due to the personal nature of Oil and Water products. Oil and Water does not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully.

12. INTERNATIONAL ORDERS.  Oil and Water offers international shipping to several international locations. However, international shipping can sometimes incur additional costs, including, but not limited to, taxes, customs duties, and brokerage fees. Additional charges are the responsibility of the Buyer because Oil and Water cannot determine what these government-imposed charges may be. Customs policies vary greatly among countries. Please contact your local customs office for information. These fees are paid to your local carrier or government directly and are not collected by Oil and Water and thus cannot be refunded. Oil and Water will not pay for anything to be released from customs to you.

13. EXCUSES FOR NON-PERFORMANCE.  If the manufacture, transfer, or receipt by either party of any products covered hereby is prevented, restricted, or interfered with by reason of any event beyond the reasonable control of the party so affected, such party shall be excused from making or taking deliveries hereunder to the extent of such prevention, restriction, or interference, and neither party shall be liable to the other for default or delay in performing, except with respect to Buyer’s payment obligations.  

14. SELLER’S RIGHTS.  If Buyer should fail in any manner to fulfill the terms and conditions hereof, Seller may defer further shipments until such default is cured. Remedies provided herein shall be in addition to, and not in lieu of, other remedies that may be available to Seller. If for any reason, the quantities of the products covered hereby or of any materials used in the production of the products reasonably available to Seller shall be less than Seller’s total needs for its own use and for sale, Seller may allocate its available supply of products among its existing or prospective purchasers and/or its own departments, divisions, and affiliates in such manner as Seller deems proper in Seller’s sole discretion, without thereby incurring liability on account of the method of allocation determined or its implementation or for failure to perform this Agreement.

15. GOVERNING LAW.  This Agreement shall be construed, and the respective rights and duties of Buyer and Seller shall be determined, according to the laws of the State of New York, without giving effect to its principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

16. DISPUTE RESOLUTION.  Any dispute, controversy, or claim arising out of or related in any way to these Terms and Conditions of Sale and/or any sale and purchase of products hereunder or any transaction contemplated hereby which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three (3) arbitrators sitting in New York County in the State of New York. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, but shall not be empowered to award incidental damages, consequential damages, indirect damages, statutory damages, special damages, exemplary damages, punitive damages, or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.

17. NO ASSIGNMENT.  This contract between Buyer and Seller is not transferable by either party without the prior written consent of the other party, except that Seller may assign this Agreement without Buyer’s consent if the assignment is to an affiliate or if the assignment is carried out as part of a merger, restructuring, reorganization, or sale or transfer of all or substantially all of Seller’s assets.

18. COMPLIANCE WITH LAWS; EXPORT LAWS.  Buyer and Seller shall comply with all applicable international, national, state, regional, and local laws and regulations with respect to their performance of this Agreement. Buyer agrees to adhere to all applicable US export laws and regulations with respect to the products.

19. MISCELLANEOUS. These Seller’s Terms and Conditions of Sale are the sole and exclusive statement of the parties’ understanding and agreement with respect to the transactions contemplated by this sale, notwithstanding any other terms that might be contained in any purchase order or other document received from Buyer or submitted to Seller. These Terms and Conditions of Sale constitute the entire agreement between the parties regarding the subject matter hereof and can only be modified or changed in writing and signed by authorized representatives of both parties. No waiver by Seller of any of Seller’s Terms and Conditions of Sale or any breach hereof shall constitute or be deemed to be a waiver of any such term or any such breach in any other case. No waiver shall be deemed to occur as a result of the failure to enforce any term or condition of these Seller’s Terms and Conditions of Sale. If any clause or portion hereof shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect. The paragraph headings are for convenience only and shall not be used in interpreting or construing these Seller’s Terms and Conditions of Sale.