THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS, UNLESS OTHERWISE SPECIFIED HEREIN, INCLUDING IN THE EVENT THAT YOU CHOOSE TO OPT-OUT. ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL. FOR MORE DETAILS ON THESE MATTERS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE THE SECTION TITLED “DISPUTE RESOLUTION” BELOW.
YOU MAY NOT USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH REN, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These Terms of Use (“Terms”) constitute an agreement between you (“you” or “your”) and REN Clean Skincare (hereinafter “REN Clean Skincare”, “REN” “we,” “us” or “our”) concerning your use of our website https://www.renskincare.com/ (the “Site”), the information, content, and services (collectively, the “Services”) available via the Site, all related apps, and the purchase of products (individually, a “Product” and collectively, the “Products”) through the Site. We agree to provide the Site, Services and Products to you only under these Terms. By accessing and using the Site, you acknowledge and agree to abide by the following Terms. If you do not agree to these Terms, do not use the Site.
Modifications
You and REN Clean Skincare agree that REN may modify these Terms. To the extent permitted by applicable law, you agree that any modifications will take effect immediately upon posting on the Site.
Privacy
By accessing and using the Site, you confirm you have read and understand REN Clean Skincare’s Privacy Notice, which also governs your use of our Site and Services. Click here to view our Privacy Notice.
Your Use of REN Clean Skincare Site & Services
REN Clean Skincare grants you a limited license to access and use the Site for your own personal and non-commercial use. Unless otherwise permitted by these Terms, you may not copy, distribute, display, transmit, perform, modify, publish or create derivative works from the Site or its images, text, graphics, user interfaces, designs, photographs, trademarks, logos, sounds, music, artwork and computer code (“Content”). You may not download (other than page caching) or modify any portion of the Site without REN’s express written consent. You may not resell or make any other commercial use of the Site or its Contents, collect and use product listings, descriptions, or prices, creative derivative works from REN Clean Skincare’s Site or its Contents, download or copy account information for another person’s or entity’s benefit, or use data mining, robots, scrapers, or similar data gathering and extraction tools on, in or in connection with the Site. You may not reproduce, duplicate, copy, sell, mirror or otherwise exploit any portion of the Site for any commercial purpose without REN’s prior express written consent.
You may not frame or use framing techniques to enclose any REN trademark, logo, or other proprietary information (including images, text, page layout, or form) without REN’s express written consent. You may not use any meta tags or any other “hidden text” utilizing REN’s name or trademarks without REN’s express written consent. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the Site’s security or authentication measures. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or supporting networks, or any systems or networks connected thereto. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, or use the Site or Content in any manner that could damage, impair, overburden or disable the Site or any component that enables the Site’s proper operation.
You agree not to impersonate any person or entity, or misrepresent your affiliation with any person or entity. You agree not to use the Site to harass or stalk any individual, nor entrap nor harm any other person, including harming minors in any way. You may create a hyperlink to the Site so long as You do not portray REN Clean Skincare, its Products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any REN logo or other proprietary graphic or image as part of the link without REN’s express prior written permission.
You agree that when accessing or using the Site and/or Services, you will act in accordance with the law, custom and in good faith. You may not make any change to the Site and may not impair in any way the Site’s integrity or operation. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all of the resulting losses and damages.
By communicating with REN Clean Skincare electronically (such as by visiting our Site or sending us e-mails), You consent to receive communications from us electronically. REN Clean Skincare will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Account
We may require you to register with REN Clean Skincare in order to use certain Site features or Services, such as to purchase Products. When you register, we may decline to grant you, and you may not use, a user name or email address that another person or entity already owns or uses, that might be construed as impersonating another person, that might violate another’s intellectual property or other rights, that we may deem offensive or objectionable, or that we reject for any other reason in our sole discretion.
You are responsible for maintaining the confidentiality of your account details (including your password and account data that you may use to access the Site) and restricting access to your computer, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You agree to accept full responsibility for all activities that occur under and/or within your account or password. You agree to immediately notify REN Clean Skincare of any unauthorized use of your password or user name or any other breach of your account’s security, and to ensure that you “log off” and exit from your account at the end of each Site visit. REN Clean Skincare will not be liable for any loss or damage that you or anyone else may incur from another’s use of your account, or arising from your failure to comply with any of the foregoing obligations. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in the best interest of REN Clean Skincare or its community to do so.
Your Product Orders
The Products and Services available at our Site are for personal use only. You may not sell or resell any of the Products or Services, or samples thereof, that you purchase or otherwise obtain from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled, or Products or Services to be provided, that we believe, in our sole discretion, may result in the violation of these Terms. You must be eighteen (18) years old (or the age of majority in your jurisdiction) to purchase from our Site.
Additional terms and conditions may apply to your purchases and to specific Site features such as contests or promotions, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. In the event of any conflict between these Terms and terms for a specific promotion or other Service of the Site, the latter terms shall control with respect to your use of that promotion or specific Service.
Auto-Replenishment Program
If you participate in our auto-replenishment program, the following terms and conditions apply specifically to your participation in this program:
- Participation will continue until canceled. You may cancel your participation in the program from within your REN account up to 24 hours before the upcoming order date. We may, in our sole discretion, terminate your participation in the program at any time without notice to you.
- You can cancel an upcoming order up to 24 hours before the upcoming order date from your REN account without cancelling your participation in the program.
- A recurring charge will be automatically charged to your credit card at the time of each successive shipment. Product selection and the shipment frequency will be in accordance with your preferences elected at the time of program registration or as modified by you from time to time in your account.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is canceled or is no longer valid (e.g., loss or theft of your credit card). Changes to such information can be made from your REN account. Add the new card and select it as the default credit card.
Product Information
All of the Site’s material and information is offered solely for personal, educational, or informational purposes. The information, materials, statements and Services are not intended to diagnose, treat or prevent any condition or illness. Please use all Products strictly in accordance with their instructions, precautions, warnings and guidelines. Please always check each Product’s ingredients to avoid potential allergic reactions. Minors may use Products obtained from the Site only after the minor’s parent(s) or guardian has discussed use of the Product with the minor’s physician or medical professional. Any statements offered about Products have not been evaluated by the United States Food & Drug Administration (unless otherwise specified), and any results reported may not necessarily occur in all individuals. REN Clean Skincare Products are not intended for use in medical, life-saving or life-sustaining applications, nor for any application in which the Products’ failure could create a situation where personal injury or death may occur.
REN Clean Skincare has endeavored to provide accurate information on the Site, but assumes no responsibility for the information’s accuracy. REN Clean Skincare and its suppliers, vendors, contractors, retailers and licensors (collectively, the “REN Entities”) do not warrant that the Product descriptions, details, colors or other content on the Site are accurate, complete, reliable, current, or error-free. The Site’s reference to any goods, services, processes, activities or other information offered by other parties does not imply any endorsement or recommendation by the REN Entities unless specifically stated otherwise. Our Site may contain inaccuracies or typographical errors, and may not be complete or current. REN Clean Skincare reserves the right to correct any errors, inaccuracies or omissions (including after you have submitted an order) and to change or update information at any time without prior notice. We reserve the right to cancel or to decline to accept any order placed based on incorrect pricing or availability information, whether or not the order has been confirmed and your payment method charged. If your payment method was already charged for the purchase and your order is cancelled, REN Clean Skincare will issue a credit to your payment method.
Please note that while REN Clean Skincare has endeavored accurately to depict, describe and display the particular Product color(s), the actual colors that you see may depend upon your viewing device, and may not be accurate.
Shipment; Delivery; Title and Risk of Loss
For purchases of our Products, we will arrange for shipment of the Products to you in accordance with the address and shipping method set forth in your order. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. All shipping and handling fees are non-refundable.
Title and risk of loss pass to you upon our transfer of the Products purchased on our Site to the carrier.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If the Products cannot be shipped or delivered as set forth in your order, you shall have the option to terminate your order with respect to any of the Products. Any Product that is placed on backorder will be shipped promptly when available, unless cancelled in writing by you prior to shipment.
Returns and Refunds
Except for any products designated on the Site as final or non-returnable, Products may only be returned within thirty (30) days of purchase. All returns are subject to our approval. You must ship the Products, at your expense, to us. You bear the risk of loss during shipment. All returns must be made in original packaging and the original Products must be returned in “like-new” condition for a full or partial refund to be considered. After the Products are received by us, we will examine and inspect the Products and will make a determination on whether the Products are in “like-new” condition. If the Products are in “like-new” condition, we will accept the Products for return and will credit your account for such Products, less the original shipping and handling costs. Your refund will be credited back to the same payment method used to make the original purchase on the Site. You confirm you have read and agree to the terms of our return policy available here.
Site Content
REN Clean Skincare owns and/or controls the rights to all of the Site’s Content, including the design, “look and feel,” trade dress, structure, selection, coordination, and arrangement thereof, all of which is protected by trademark, copyright and related laws (see “Intellectual Property” below).
You may access, view, download, and print Content for your personal, non-commercial use only, provided that you do not modify or make commercial use of Content, and retain all copyright, trademark, or other proprietary designations contained in Content. Except as these Terms expressly provide, you may not copy, reproduce, upload, republish, encode, transmit or distribute any part of the Site or Content in any way or form to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose without REN’s express prior written consent.
Your User Content
REN Clean Skincare’s Site may provide functionality enabling you to make available your own comments and content. When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available any comments, suggestions, ideas, inquiries, data, text, software, music, audio files, photographs, graphics, images, videos, messages, ideas, suggestions or other materials (“User Content”) on or to REN Clean Skincare’s Site, you are entirely responsible for such User Content. You understand you are participating in a public forum and that any User Content that you submit to REN Clean Skincare and/or the Site may be available to all other Site users. REN Clean Skincare does not endorse any User Content, nor any opinion, representation, recommendation or advice contained therein, and REN expressly disclaims any and all liability in connection with User Content submissions.
As to all User Content that you submit, you warrant that:
(a) you are either the User Content’s sole author and owner of all intellectual property rights therein, or you possess all necessary rights, releases, consents and/or licenses to enable and authorize you and REN’s use of the User Content at the Site (and elsewhere) as provided hereunder;
(b) any User Content that you submit is: (i) not false, defamatory, obscene or misleading, (ii) does not violate any right of any other person or entity, or any applicable law or ordinance, (iii) does not contain any computer viruses, malware or other potentially harmful electronic files, or any material intended to disrupt, alter, damage or destroy any part of the Site, (iv) does not contain any unauthorized advertising, and (v) is not, or would not reasonably be considered to be harmful, defamatory, bullying, libelous, vulgar, obscene, pornographic, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.
You grant to REN Clean Skincare a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, license to use, copy, publish, distribute, modify, edit, create derivative works from, translate and display any User Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that REN Clean Skincare is free to use any User Content for any purpose, including but not limited to the Site, REN e-mails, social media posts, media content or promotional materials. REN Clean Skincare shall be under no obligation to preserve, or pay compensation for use of any User Content. You further grant to REN Clean Skincare the right to use your name in connection with any such User Content, but REN shall not be obligated to attribute any of your User Content to you. You warrant that all User Content that you submit shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting User Content to the Site.
REN Clean Skincare is and shall not be responsible for evaluating your User Content, and does not assume any responsibility or liability for User Content. We do not endorse or control the User Content transmitted or posted on the Site and do not warrant its accuracy, integrity or quality. You acknowledge that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. You hereby waive all rights to any claims against REN Clean Skincare of any type arising out of your use of the Site or any User Content that you may encounter at the Site. You acknowledge that REN Clean Skincare has the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content.
Consent to Receive Communications
By providing REN Clean Skincare with your e-mail address and/or telephone number, you consent to receiving and accepting communications from REN, including via e-mail, push notifications, (automated or non-automated) text messages (together, “Communications”) or other comparable means at any of the e-mail addresses and/or telephone numbers you provide. You agree that we may send such Communications for any transactional, customer service, order, auto-delivery, or other account- or order-related matters, and, as applicable, for advertising, marketing or promotional purposes or other purpose you requested or consented to. The messaging frequency will vary.
If you consent to receive marketing-related text messages, YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXT MESSAGES AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES. In response to our text messages, you may Reply HELP for help or reply STOP to unsubscribe. If you opt out of receiving marketing text messages by unsubscribing, you may receive an additional mobile message confirming your decision to opt out. Standard text messaging and data charges will apply to text messages we may send.
IF YOU WISH TO OPT OUT OF REN MARKETING COMMUNICATIONS OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS. EVEN IF YOU OPT OUT OF MARKETING COMMUNICATIONS OR TEXT MESSAGES, WE MAY STILL SEND YOU OTHER ESSENTIAL COMMUNICATIONS DIRECTLY RELATED TO YOUR ACCOUNT OR ORDERS.
Intellectual Property
You acknowledge and agree that REN Clean Skincare owns all legal rights, title and interest in and to the Site and Content, including any REN trademarks, trade names, trade dress, logos, domain names and other brand features therein (whether those rights are registered or not, and wherever in the world they may exist), and that they are protected by international copyright laws and treaties. REN Clean Skincare does not grant you any express or implied right under any copyright, trademark, patent, trade secret or other intellectual property right.
DMCA Copyright Infringement Notices
REN Clean Skincare respects others’ intellectual property rights, and requires that you do the same in your use of the Site. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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 Designated Agent for notice for claims of copyright infringement is REN Clean Skincare, 2121 Park Place, 1st Floor, El Segundo, California, 90245, Attn: Legal Department, e-mail: legal@renskincare.com. Only DMCA notices should go to REN Clean Skincare’s Copyright Agent; any other feedback or comments should be directed to our customer service, and will not receive a response from REN’s Copyright Agent. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
Upon receipt of a notice complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Links to Other Sites
The Site may provide links to third-party websites that are not operated by REN Clean Skincare as a convenience (“Third Party Site”). REN Clean Skincare has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. The inclusion of any link on the Site does not imply a referral by REN to, or an endorsement by REN of, the Third Party Site or any products or services on the Third Party Site. REN Clean Skincare is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
Indemnification
You agree to defend (at the REN Entities’ option), indemnify, and hold the REN Entities (including their parents, subsidiaries, affiliates, partners, agents, and licensors and each of their respective officers, directors, shareholders and employees) harmless from and against any and all claims, actions, demands, losses, liabilities, settlements, and expenses of every kind and nature, known and unknown, including without limitation, reasonable legal and accounting fees, made against the REN Entities by any third party due to, resulting from, or alleged to result from, your use of the Site, your violation of these Terms and/or any law, rule, regulation and/or contract, your violation of any third party’s rights (including copyright or privacy right), or any claim relating to your User Content. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. You will cooperate as fully and as reasonably required in our defense of any claim.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE REN ENTITIES, THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, AGENTS, OR LICENSORS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS. THESE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE REN ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
THE REN ENTITIES’ SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disclaimer of Warranties
THE SITE, SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE REN ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE, SERVICES OR PRODUCTS. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES AND PRODUCTS IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF IMPLIED OR OTHER WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU AGREE THAT THE REN ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS, ACCESS DELAYS OR INTERRUPTIONS TO THE SITE, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, ANY INACCURACIES OR OMISSIONS IN CONTENT AND/OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF THE REN ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Time Limitation for Claims
ANY CLAIMS RELATING IN ANY WAY TO THESE TERMS, THE SITE, SERVICES OR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIMS OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE (1) YEAR. IF NOT COMMENCED WITHIN THE APPLICABLE PERIOD, YOU AND REN CLEAN SKINCARE ARE PERMANENTLY BARRED FROM PURSUING THAT CLAIM.
Void Where Prohibited
REN Clean Skincare operates and administers the site from El Segundo, California. Although the Site is potentially accessible worldwide, not all features or Products are available to all persons or geographic locations, or appropriate or lawful for use outside the United States. REN Clean Skincare reserves the right to limit, in our sole discretion, the quantity or provision of any Product or Service to any person, entity or geographic area. Any offer for any feature, Product or Service made on the Site is void where prohibited. This Site is intended for use only in the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Dispute Resolution
PLEASE READ THE “AGREEMENT TO ARBITRATE” AND “CLASS ACTION WAIVER” SECTIONS BELOW CAREFULLY.
Agreement to Arbitrate
Arbitration is the referral of a dispute to one or more individuals who will review the dispute and make a final and binding determination to resolve the dispute instead of having the dispute decided by a judge or jury in court. YOU AND REN CLEAN SKINCARE EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES OR ACTIONS BETWEEN YOU AND THE REN ENTITIES THAT ARISE, HAVE ARISEN OR RELATE IN ANY WAY TO THE SITE, SERVICES, PRODUCTS, THESE TERMS OR ANY OTHER TRANSACTION OR INTERACTION, WHETHER OCCURRING IN THE PAST, PRESENT, OR FUTURE, INVOLVING YOU AND THE REN ENTITIES (“CLAIMS”) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS.
This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
This Agreement to Arbitrate does not apply to actions by REN Clean Skincare for intellectual property claims, including by way of example, trade secret misappropriation, patent infringement, copyright infringement or misuse, and/or trademark infringement or dilution.
CLASS ACTION WAIVER.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND REN CLEAN SKINCARE AGREE THAT ALL CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. ACCORDINGLY, EXCEPT AS PROVIDED BY THESE TERMS, OR UNLESS YOU AND REN CLEAN SKINCARE CONSENT IN WRITING, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED OR DECISION MADE CANNOT AFFECT OTHER REN CUSTOMERS.
Pre-Arbitration Notice.
In the event of a dispute or claim (the “Action”), you or REN Clean Skincare must first send to the other party a notice of the Action that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Action, and the relief requested. The notice to REN Clean Skincare must be addressed to legal@renskincare.com or 2121 Park Place, 1st Floor, El Segundo, California, 90245, Attn: Legal Department. The notice from REN to you will be sent by certified mail to the most recent address we have on file for you, or via email. If REN Clean Skincare and you do not resolve the Action within sixty (60) calendar days after the notice of the Action is received, you or REN may commence an arbitration proceeding pursuant to this section. Each party agrees to act in good faith to resolve the Action before commencing arbitration.
Procedure.
Arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Commercial Arbitration Rules (“AAA Rules”). If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. Any Action shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except that the arbitrator shall not award punitive damages to either party. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Arbitration Fees.
Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these Terms. If the value of the relief sought is $10,000 or less, at your request, REN Clean Skincare will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by REN should be submitted by mail to the AAA along with your Demand for Arbitration and REN will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, REN Clean Skincare will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of your or REN’s claim or the relief sought was frivolous or brought for an improper purpose, then you or REN may seek to recover from you or REN Clean Skincare any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.
Mass Filing.
In the event of a Mass Arbitration, as that term is defined by the AAA Mass Arbitration Supplementary Rules, You agree to application of the AAA Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Mediation Fee Schedule then in effect and currently available at https://www.adr.org/mass-arbitration.
Hearing Format.
The arbitration shall occur in one of the following locations: (i) your county of residence; (ii) Los Angeles County; (iii) virtually; or (iv) as mutually agreed upon between you and REN Clean Skincare. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. If the Mass Filing process described above is triggered, then the location of any hearing will be determined by the arbitrator.
Small Claims Court.
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your county of residence or Los Angeles County, if the action is within that court’s jurisdiction and is pending only in that court.
Opt-Out.
You may elect to opt-out from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a letter to REN Clean Skincare at 2121 Park Place, 1st Floor, El Segundo, California, 90245, Attn: Legal Department with a copy to legal@renskincare.com, postmarked within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
Severability.
If any provision in this “Dispute Resolution” section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire “Dispute Resolution” Section shall be null and void. The terms of this section shall otherwise survive any
termination of these Terms.
Choice of Law and Jurisdiction
These Terms, the Site, Services and Products shall be governed and interpreted in accordance with the laws of the United States and the State where your purchase is made or where you access the Site, excluding its conflict of laws rules. The parties exclude the application of the Convention on International Sale of Products to these Terms. For any claim or dispute with us relating to the Site, Services, Products, or these Terms not governed by the Agreement to Arbitrate or Small Claims Court provision, you expressly agree that such claim or dispute shall be resolved in the United States District Court for the Central District of California, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction does not exist in the United States District Court for the Central District of California, then the exclusive forum and venue for any such claim or dispute shall be the courts of the State of California located in County of Los Angeles, and you submit to the personal jurisdiction of that court. In the event of any violation of these Terms, REN Clean Skincare reserves the right to seek all remedies available under law and equity for such violations.
REN Clean Skincare may revise these Terms at any time by updating this page so please visit these Terms each time you visit the Site to keep up to date with the current terms regarding your use of the Services or Products.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to legal@renskincare.com. You may also contact us by writing to REN Clean Skincare, 2121 Park Place, 1st Floor, El Segundo, California, 90245, Attn: Legal Department. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
No Waivers
The failure by REN to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of REN.
Severability
Except as otherwise provided in these Terms, if any provision of these Terms is held by an arbitrator, court or agency of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Entire Agreement
These Terms shall constitute the entire agreement between you and REN Clean Skincare and shall supersede all prior and contemporaneous proposals, negotiations and counterproposals. The parties intend for the Terms to be a final expression of their agreement and a complete and exclusive statement of the terms and conditions thereof. Prior dealings between you and REN or usage of trade (whether occurring in the past, present, or future) shall not be relevant to supplement or explain any term used in these Terms. Acceptance or acquiescence in a course of performance rendered under the Terms shall not be relevant to determine the meaning of the Terms even though the accepting or acquiescing party has knowledge of the nature of the performance or usage of trade and an opportunity for objection. Nothing in the Terms shall be construed as creating any direct or beneficial right in or on behalf of any third party.
