Effective as of June 27, 2023

The website www.nulogicaskincare.com (“Website”), is wholly owned and operated by Nulogica LLC, a California Limited Liability Company, headquartered at (San Diego, California with a mailing address at PO Box 27962, San Diego, CA 92198) USA, (“Nulogica”).

These Terms of Use apply to and govern your use of the Website and to any and all purchases of any product from Nulogica. These Terms of Use apply every time you access or use the Website, whether you access or use it as a guest or as a registered user. Use of the Website includes accessing, browsing, or registering on the Website. Please read these Terms of Use carefully before you use the Website.

By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Website. Please note that Nulogica updates these Terms of Use from time to time. The latest Terms of Use will apply going forward and to any dispute or issue arising after the Terms of Use have been updated, to the extent permitted by applicable law.

Our Privacy Notice and any other policies, rules, or guidelines that may be applicable to a particular offer, product, or feature on the Website are also incorporated into these Terms of Use. Certain provisions of the Terms of Use may be superseded by, or incorporated by reference into, additional legal notices, rules, or other terms applicable to certain other products, promotions, offers, or services we may offer, such as our loyalty program (“Additional Terms”). In order to participate in or use such other products, promotions, offers or services, you may be required to agree to such Additional Terms. Some products we offer may also be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with such product or service.

USE OF THE WEBSITE
You must be 16 years of age or older to use the Website. Minors under the age of majority in their jurisdiction but that are at least 16 years of age are only permitted to use the Website if the minor’s parent or guardian accepts these Terms of Use on the minor’s behalf prior to use of the applicable Website or App. For clarity, children under the age of 13 are not permitted to use the Website.

The Website is made available free of charge for your personal use subject to these Terms of Use. You may not use the content of the Website for any commercial purposes whatsoever.

You may use the Website only for lawful purposes and you may not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not: download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms of Use; duplicate, decompile, reverse engineer, disassemble or decode the Website or the Apps (including any underlying idea or algorithm), or attempt to do any of the same; use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Website; access or use the Website in any manner that could disable, overburden, damage, disrupt or impair the Website or interfere with any other party’s access to or use of the Website or use any device, software or routine that causes the same; attempt to gain unauthorized access to, interfere with, damage or disrupt the Website, accounts registered to other users, or the computer systems or networks connected to the Website; circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Website; misuse or tamper with the Website (e.g., hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc.); use the Website in any way that breaches any applicable local, national, or international law or regulation; use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; use the Website for the purpose of harming or attempting to harm minors in any way; submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Website for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use any robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Website to monitor, extract, copy, or collect information or data from or through the Website, or engage in any manual process to do the same; or exploit the Website for any commercial purpose, including without limitation using the Website to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

Nulogica may end or restrict your use of the Website, without warning and without liability to you or any third party. You understand that we have the sole right to determine in our reasonable discretion whether you are engaging in any unauthorized activity and/or violating these Terms of Use.

AVAILABILITY OF THE WEBSITE; ACCESSING THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the Website. In order to fully access the Website, you will need a computer, tablet, mobile phone or other device that can connect to the Internet with the minimum system requirements to operate a web browser.

Although we aim to offer you the best service possible, the Website may not always be available or remain uninterrupted. Please note that we may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons without notice (e.g., for repairs, maintenance and/or updates). We will attempt to restore the service as soon as we reasonably can. Except where required by applicable law, we will not be liable to you if for any reason the Website is unavailable at any time or for any period.

We use reasonable efforts to ensure that the Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Website (including any content thereon) will not cause damage to your computer or other device. You should use your own virus protection software. Except where required by applicable law, we are not liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

CREATING AND SAFEGUARDING YOUR ACCOUNT
To use certain parts of the Website, you may need to create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. You can access, edit, and update your Account by logging in at the applicable account login page. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us using the information in the “Contact Us” section if you know or have any reason to suspect that your Account or password have been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.

USER GENERATED CONTENT
You agree that we may use your comments, reviews, feedback, suggestions, or questions, and any other submissions disclosed, submitted, or offered by you on or through the Website (collectively, “Submissions”) without compensation, acknowledgement, or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the Website or other products or services. When you make a Submission (other than your personal data which is subject to our Privacy Notice), you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferrable license to use reproduce, distribute, prepare derivative works, and display the Submission in connection with our business, including in order to promote our websites or our business. You also grant us the right to sub-license your content to third parties on the same terms granted by you to us.

By posting or submitting Submissions through the Website, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for your Submissions. You agree that your Submissions will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described in the preceding paragraph.

Submissions should not include: abusive, offensive, or otherwise inappropriate language; profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous, or discriminatory comments or content that might be considered to be harassment, abuse, or threats against the personal safety or property of others; comments about other reviewers or bloggers; remarks that repeat criminal accusations, false, defamatory, or misleading statements; material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses, or credit card numbers; spam or advertising; or HTML code, computer script, or website URLs.

Nulogica in our absolute discretion, reserves the right to not publish any Submission or remove it, take any appropriate action if deemed necessary, or remove reviews which do not comply with the provisions above. There is no compensation (monetary or otherwise) provided in exchange for your Submissions. Please note that the views expressed in Submissions are the opinions of those users and do not represent our views, opinions, beliefs, or values or the views, opinions, beliefs, or values of any of our companies or affiliates.

ELECTRONIC COMMUNICATIONS
By using the Website, you agree that we may send you operational messages. You consent to receiving operational electronic communications and notices from us. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Any marketing messages we send to you will be sent in accordance with our Privacy Notice. You have the right to opt out of receiving marketing messages at any time.

INTELLECTUAL PROPERTY RIGHTS
Nulogica is the owner of all intellectual property rights in the Website, and in the material published on them (the “Material”). The Material is protected by copyright laws. ALL RIGHTS RESERVED.

We do not grant any implied right to you or any other person and do not transfer or assign any ownership or intellectual property interest or title in or to the Website (including the Material) (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes and may result in criminal or civil penalties.

You may not alter, delete, or conceal any copyright or other notices contained on the Websites or any Materials.

You may not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Material without our express prior written consent.

All trademarks, service marks, and trade names used on the Website are proprietary trademarks of Nulogica. Except as otherwise permitted by these Terms of Use, they may not be used (including, without limitation, as domain names or account identifiers) without our prior express written permission.

DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and require that the people who use the Website and our products do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Website can be reached as follows:

Address
Nulogica LLC
P.O. Box 27962
San Diego, CA 92198

Email Address: [email protected]

NO WARRANTY
The Website and Materials are provided for general information only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Website.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the Website or Materials are accurate, complete, or up-to-date. Please note that while we have tried to accurately display the colors and other features of our products, the colors and other features you see will depend on your monitor/screen, and the actual colors and features may vary. Further, we try to keep the Website available, bug-free, and safe, but you use them at your own risk, and we do not guarantee that the Website will always be available, safe, secure, or error-free, or that the Website will always function without disruptions, delays, or imperfections.

Without limiting the foregoing, the Website is provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may rise from course of dealing or course of performance or usage of trade, unless prohibited by law.

No advice or information, whether oral or written, obtained from us or through the Website, will create any warranty or representation not expressly made herein. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: 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.

LIMITATION OF LIABILITY
To the extent not prohibited by law, you acknowledge and agree that in no event will Nulogica or any other persons or entities involved in the delivery of products, services, or information through the Website, owners, directors, officers, employees, counsel, representatives, and agents, as well as each of their insurers, co- insurers, reinsurers, and insurance brokers, and any other persons or entities acting by, through, under, or in concert with any of them, whether in the past, present, or future be responsible or liable to you or any third party, under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these terms or otherwise, arising in any way in connection with the Website, these Terms of Use, or any products procured through the Website, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever, arising out of or related to your use or inability to use the Website. You specifically acknowledge that they shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Without limitation of the foregoing, and to the extent not prohibited by law, the total liability of Nulogica or the identified third parties for any reason whatsoever arising out of or related to the use of, or inability to use the Website, these Terms of Use, or any products procured through the Website shall not exceed $100, or the amount you paid us, if any, for products purchased through the Website, whichever amount is greater. This liability, if any, shall be complete and exclusive. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

FORCE MAJEURE
In no event shall Nulogica be DEEMED IN DEFAULT OR OTHERWISE liable to any Website user for any delay in or failure to perform due to causes beyond their control, including, without limitation, any act of God, act of war, FIRE, EARTHQUAKE, BLIZZARD, FLOOD, DANGER TO PUBLIC HEALTH OR SAFETY, ACCIDENT, EXPLOSION, CASUALTY, STRIKE, LOCKOUT, LABOR CONTROVERSY, RIOT, CIVIL DISTURBANCE, ACT OF PUBLIC ENEMY, EMBARGO, WAR, LAW, ORDINANCE, REGULATION, LEGAL ORDER (UNLESS CAUSED BY DEFAULT THEREUNDER), FAILURE OR DELAY OF ANY TRANSPORTATION, POWER, OR COMMUNICATION SYSTEM, natural disaster, terrorism, pandemic or epidemic, or any act or omission of a third party.

INDEMNITY
You agree to indemnify and hold Nulogica from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising from, in connection with, or relating to (a) your violation or breach of these Terms of Use; (b) your violation of any rights of any third party; and (c) your negligence or willful misconduct. You agree that Nulogica will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of Nulogica in connection therewith. You will also indemnify and hold Nulogica harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website.

ENFORCEMENT
You have no reasonable expectation of privacy while using the Website because we reserve the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by us for use of or with the Website. Moreover, you also acknowledge that any breach, threatened or actual, of these Terms of Use by you may cause irreparable injury to us and/or our licensors, such injury would not be quantifiable in monetary damages, and we and/or our licensors would not have an adequate remedy at law. You therefore agree that we and/or our licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that we or our licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to us to enforce any provision of these Terms of Use.

GOVERNING LAW
NULOGICA ONLY PROVIDES SERVICES AND SHIPS PRODUCTS TO CONSUMERS LOCATED IN THE UNITED STATES

ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

You agree that any and all disputes, actions, claims, or other controversies concerning or arising in any way out of your use (or lack of use) of, access (or lack of access) to, or a purchase from, the Website; any product or service; and any advertising, promotion, of or other communications with a Nulogica (collectively, a “Dispute”), whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration. “Dispute” will be given the broadest possible meaning allowable under law.

This agreement to arbitrate covers and includes threshold questions of arbitrability. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all Disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms of Use, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms of Use is void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration) can be enforced or whether it applies to the Dispute, the parties agree that the arbitrator will decide that Dispute. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights.

Either party may initiate arbitration of a Dispute, which will be settled by final and binding arbitration, using the English language, administered by AAA under the AAA Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Because your contract with Nulogica, these Terms of Use, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Unless you and Nulogica agree otherwise, including to conduct the arbitration by telephone or videoconference, any arbitration hearing shall take place in San Diego, California, unless the arbitrator determines that a different location would better serve the convenience of the parties.

MISCELLANEOUS
If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms of Use, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms of Use nor the remaining provisions herein (except as set forth above with respect to the class action waiver), and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.

Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision.

We may assign these Terms of Use in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms of Use.

These Terms of Use represent the entire agreement between you and us in connection with your use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Nulogica with respect to the Website.

CONTACT US
If you have any questions, concerns, or complaints about these Terms of Use, please contact us as follows:

Nulogica LLC
P.O. Box 27962
San Diego CA, 92198

(858) 310-6856

[email protected]