Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SculptSkin, its parent companies, holding companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, contractors, and representatives (collectively, "SculptSkin," "we," "us," or "our"). These Terms govern your access to and use of sculptskinmini.com and all associated websites, products, services, and content.

By using this Site or purchasing our products, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using our services under any applicable laws
• All information you provide is accurate, current, and complete

2. Modifications to Terms

SculptSkin reserves the absolute right to modify, amend, update, or discontinue these Terms at any time without prior notice. All changes are effective immediately upon posting to the Site. Your continued use of the Site or products after any modifications constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically. We are under no obligation to notify you of changes.

3. Product Disclaimers and Limitations

3.1 No Medical Claims

SculptSkin products are NOT medical devices and are NOT intended to diagnose, treat, cure, or prevent any disease or medical condition. Our products are cosmetic wellness devices for personal use only. Any results described or depicted are not guaranteed and may vary significantly between individuals.

3.2 Not FDA Approved

Our products have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory agency. You acknowledge and accept that you are using our products at your own risk.

IMPORTANT CLARIFICATION: "FDA Cleared" is NOT the same as "FDA Approved." Some of our products or the technologies used in our products may be "FDA cleared" through the 510(k) process, which means the FDA has determined they are substantially equivalent to other legally marketed devices. This is NOT the same as FDA approval, which requires clinical trials and extensive testing. FDA clearance does NOT mean the FDA has determined the device is safe or effective for any particular use. Any references to "FDA cleared" on our Site or in our marketing materials should not be interpreted as FDA approval or as a guarantee of safety, effectiveness, or results.

3.3 Consultation Requirement

YOU ACKNOWLEDGE THAT YOU MUST CONSULT WITH A LICENSED HEALTHCARE PROVIDER BEFORE USING ANY SCULPTSKIN PRODUCT, especially if you have any medical conditions, are pregnant, nursing, taking medications, or have any health concerns. SculptSkin is not responsible for any adverse effects resulting from failure to consult a healthcare provider.

3.4 Results Not Guaranteed

Individual results may vary. Testimonials, reviews, before-and-after photos, and any results described on our Site represent individual experiences and are not guarantees of results. We make no promises, warranties, or representations regarding outcomes.

3.5 Proper Use Required

Products must be used strictly according to provided instructions. Improper use, misuse, or failure to follow instructions may result in injury, damage, or ineffectiveness, for which SculptSkin bears no responsibility.

4. Limitation of Liability

4.1 No Liability for Damages

SCULPTSKIN, ITS PARENT COMPANIES, HOLDING COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injury, bodily harm, or death
• Property damage
• Loss of profits, revenue, or business
• Loss of data or information
• Emotional distress or mental anguish
• Medical expenses
• Legal fees and costs
• Any other damages of any kind

WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SCULPTSKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.2 Maximum Liability Cap

IN NO EVENT SHALL SCULPTSKIN'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC PRODUCT(S) THAT GAVE RISE TO THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS LESS.

4.3 No Liability for Third Parties

SculptSkin is not liable for any actions, products, services, content, or conduct of any third parties, including but not limited to shipping carriers, payment processors, manufacturers, suppliers, or other users.

5. Indemnification

You agree to defend, indemnify, and hold harmless SculptSkin, its parent companies, holding companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, contractors, representatives, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use or misuse of our products or Site
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any injury, illness, or adverse effects resulting from product use
• Any content you submit or transmit through the Site
• Your violation of any applicable laws or regulations
• Any negligent or willful misconduct on your part

This indemnification obligation survives termination of these Terms and your use of the Site.

6. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• Use of SculptSkin products involves inherent risks, including but not limited to skin irritation, burns, bruising, discomfort, ineffectiveness, and other potential adverse effects
• You voluntarily assume all risks associated with using our products
• You have been advised to consult with healthcare professionals before use
• You are solely responsible for determining the suitability of our products for your individual circumstances
• You release SculptSkin from any and all liability related to your use of our products

7. Prohibited Uses

You agree NOT to:

• Use products in any manner not explicitly authorized in the instructions
• Use products if you have contraindicated medical conditions
• Resell, redistribute, or commercially exploit any products or content
• Reverse engineer, disassemble, or attempt to derive source code from products
• Make any medical or health claims about our products
• Use the Site to transmit viruses, malware, or harmful code
• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Harass, threaten, or harm others
• Impersonate any person or entity
• Collect personal information about other users
• Use automated systems (bots, scrapers) to access the Site

8. Intellectual Property Rights

8.1 Ownership

All content on this Site, including but not limited to text, graphics, logos, images, videos, software, designs, and trademarks, is the exclusive property of SculptSkin and is protected by copyright, trademark, patent, and other intellectual property laws. "SculptSkin" and all related marks are trademarks of SculptSkin.

8.2 Limited License

Subject to your compliance with these Terms, SculptSkin grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include any right to:

• Modify, copy, distribute, transmit, display, reproduce, or create derivative works
• Use content for commercial purposes
• Download or store content (except for normal browser caching)
• Remove any copyright, trademark, or proprietary notices

8.3 User Content

By submitting any content (reviews, photos, comments, etc.) to the Site, you grant SculptSkin a perpetual, irrevocable, worldwide, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

9. Dispute Resolution and Arbitration

9.1 Mandatory Arbitration

YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE, OR YOUR PURCHASE OR USE OF PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if they qualify.

9.2 Arbitration Rules

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration shall be conducted by a single arbitrator in Orange County, California.

9.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

9.4 Waiver of Jury Trial

YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES ARISING UNDER OR RELATING TO THESE TERMS.

9.5 Limitation Period

Any claim must be filed within one (1) year after the claim arises, or it shall be permanently barred.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. If arbitration does not apply, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California for resolution of any disputes.

11. Account Security and Responsibility

11.1 Account Credentials

If you create an account, you are solely responsible for:

• Maintaining the confidentiality of your password and account information
• All activities that occur under your account
• Unauthorized access resulting from your failure to safeguard credentials
• Immediately notifying SculptSkin of any unauthorized use

11.2 Account Termination

SculptSkin reserves the right to suspend, terminate, or restrict your account at any time, for any reason, without notice or liability.

12. Orders and Transactions

12.1 Order Acceptance

All orders are subject to acceptance by SculptSkin. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product availability, pricing errors, suspected fraud, or violation of these Terms.

12.2 Pricing and Payment

Prices are subject to change without notice. You agree to pay all charges, including applicable taxes and shipping fees. Payment must be made at the time of order. We are not responsible for pricing errors.

12.3 No Refunds Policy

ALL SALES ARE FINAL. Products are non-refundable and non-returnable except as required by applicable law. Refunds, if any, are granted at SculptSkin's sole discretion.

12.4 Shipping and Delivery

Risk of loss and title for products pass to you upon delivery to the carrier. We are not responsible for shipping delays, lost packages, stolen packages, or damages occurring during transit. Any claims must be made with the shipping carrier.

13. Warranty Disclaimers

13.1 AS-IS Basis

PRODUCTS AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

13.2 Disclaimer of All Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCULPTSKIN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• ACCURACY, RELIABILITY, OR QUALITY
• UNINTERRUPTED OR ERROR-FREE OPERATION
• FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS
• RESULTS OR OUTCOMES FROM PRODUCT USE

13.3 No Professional Advice

Nothing on the Site constitutes medical, health, legal, financial, or professional advice. You should consult appropriate professionals for advice specific to your situation.

14. Personal Injury and Health Disclaimers

14.1 Risk Acknowledgment

YOU ACKNOWLEDGE THAT USE OF SCULPTSKIN PRODUCTS MAY CAUSE PERSONAL INJURY, INCLUDING BUT NOT LIMITED TO:

• Skin irritation, redness, or rash
• Burns (thermal or electrical)
• Bruising or swelling
• Muscle soreness or discomfort
• Allergic reactions
• Interaction with medical conditions or devices
• Other unforeseen adverse effects

14.2 Contraindications

Products should NOT be used by individuals with:

• Pacemakers, defibrillators, or other electronic implants
• Pregnancy or nursing
• Cancer or history of cancer
• Heart conditions or circulatory disorders
• Epilepsy or seizure disorders
• Skin conditions, wounds, or infections in treatment area
• Metal implants in treatment area
• Any other medical conditions without physician approval

14.3 Release of Liability

BY USING SCULPTSKIN PRODUCTS, YOU RELEASE SCULPTSKIN FROM ANY LIABILITY FOR PERSONAL INJURY, ILLNESS, OR ADVERSE EFFECTS OF ANY KIND.

15. Third-Party Links and Services

The Site may contain links to third-party websites or services. SculptSkin is not responsible for and does not endorse the content, products, services, or practices of any third-party sites. Your use of third-party sites is at your own risk and subject to their terms and conditions.

16. Privacy and Data Collection

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.

17. Force Majeure

SculptSkin shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, government actions, or supply chain disruptions.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and SculptSkin regarding use of the Site and products, superseding all prior agreements, communications, and proposals.

20. No Waiver

SculptSkin's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of SculptSkin.

21. Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without SculptSkin's prior written consent. SculptSkin may freely assign these Terms without restriction.

22. Survival

Sections relating to disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and intellectual property shall survive termination of these Terms.

24. California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

25. Additional State-Specific Provisions

Residents of certain states may have additional rights under state law. Nothing in these Terms is intended to limit any rights you may have under applicable state consumer protection laws.

26. Electronic Communications

By using the Site, you consent to receive electronic communications from SculptSkin. 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.

27. Age Restriction

This Site and our products are intended for use by individuals 18 years of age or older. If you are under 18, you may not use the Site or purchase products without parental consent and supervision. By using the Site, you represent that you meet this age requirement.

28. International Use

The Site is controlled and operated from the United States. We make no representation that content or products are appropriate or available for use in other locations. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

29. Testimonials and Endorsements

Testimonials, reviews, and endorsements on the Site reflect individual experiences and are not representative of typical results. We do not verify the accuracy of user-submitted content and are not responsible for any claims made in such content.

30. Recording and Monitoring

SculptSkin reserves the right to monitor, record, and review any communications, transactions, or activities on the Site for quality assurance, security, legal compliance, or any other purpose.