Terms of Use

This Site is owned and operated by Stillpoint Beauty LLC. (“SB”). Please review the following rules that govern your use of the Site (“Terms of Use”).

YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE.

Authorized Use of the Site:

This Site is provided for your personal use only. You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on this Site.  

Privacy:

Please review our Privacy Policy available at stillpointbeaty.com to understand our data collection, use and privacy practices.

Accuracy of Information:

 This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

Unauthorized Use of the Site: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

Information Provided:

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. We may suspend or terminate your access at any time with or without notice. Additionally, we may modify or discontinue the Site, with or without notice to you and that we will not be liable to you or any third party as a result of such modification or discontinuation.

Proprietary Rights:

SB is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Site belong to third parties that SB is authorized to use and display, such as research reports, news articles, third party logos and trademarks and other proprietary materials. By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of SB. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms of Use are reserved by SB.

License to Your Content:

You hereby grant us a non-exclusive, worldwide, royalty free right and license to display, share, distribute, reformat and otherwise use the information and content (including text, pictures, etc.) you upload through the Site (the “User Content”) for any purpose in connection with the Site without your approval and without any compensation to you. We reserve the right, in our sole discretion, to refuse to post or remove any content submitted by you.  

Standards for User Content:

You are solely responsible for your User Content.  You represent and warrant that you have all rights necessary to upload the User Content and to grant us the rights herein and all opinions expressed are genuinely held based upon your belief and consideration.  You shall ensure that User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person.  User Content may not contain any content that (a) is illegal, obscene, or defamatory, (b) infringes intellectual property or personal rights, (c) promotes dangerous or illegal activities, or (d) is otherwise reasonably objectionable. We are under no obligation to screen or monitor such postings, but we may review them from time to time and make determinations as to what content is appropriate in our sole discretion. We may edit or remove any content at any time for any reason without notice. We disclaim all responsibility for any postings you may make and all liability arising therefrom. You agree to be solely liable for your postings and any information and materials that they contain.

Prohibited Activities:

The following is an illustrative list of some of the things you may not do on or in connection with the Site. Without limitation, you agree that you will not post or transmit to other users anything that contains content that is obscene or offensive, that infringes the rights (including intellectual property, publicity and/or privacy rights) of any third party, that is illegal or promotes any illegal activities, or that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contains any form of solicitation (including junk mail, spam, pyramid schemes, etc.).

Links:

This Site may contain links to other web sites/social media pages not maintained or operated by SB. Other web sites may also reference or link to our Site. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.

Disclaimer of Warranties; Limitation of Liability:

THE SITE, ITS CONTENTS AND ALL TEXT, IMAGES, PRODUCTS, SERVICES, ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SB DOES NOT REPRESENT OR WARRANT THAT: (I) THE INFORMATION AVAILABLE OR ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, CURRENT OR FREE OF ERRORS; (II) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF STILLPOINT BEAUTY LLC, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE (THE “RELEASED PARTIES”) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE AND/OR THE SERVICES PROVIDED BY THE RELEASED PARTIES IN CONNECTION WITH YOUR PURCHASE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO THE RELEASED PARTIES IN CONNECTION WITH THE APPLICABLE PRODUCT SERVICE, OR PROMOTION GIVING RISE TO SUCH LIABILITY, OR (II) $10. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE COMPANY. ADDITIONALLY, IN NO EVENT SHALL SB BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE, ITS CONTENTS AND ALL TEXT, IMAGES, SERVICES, ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SITE, EVEN IF SB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

You hereby acknowledge that the preceding paragraph shall apply to all content, services and experiences available through the Site. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Site, or purchasing any services.

You understand that your participation in all the services at Stillpoint Beauty are strictly for entertainment purposes and that any medical concerns are under the care of a licensed medical professional. The services provided are not meant to diagnose or cure any medical conditions or ailments you may have. Any advice or support given is ultimately your choice and you release any liability to sue Sarah Clark or any Stillpoint Beauty employees. You are fully responsible for any risks, damages known or unknown without limitation. You consent that you are of sound mind and don’t suffer from any condition that would disrupt your participation in any service provided by Stillpoint Beauty. 

Changes:

All information posted on the Site is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

Indemnification:

You agree to indemnify, defend and hold harmless SB, its employees, from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Use or applicable law, your use of the Site (including User Content), or any of our services purchased on the Site.

Severability:

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies:

The failure of SB to partially or fully exercise any rights or the waiver of SB of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by SB or be deemed a waiver by SB of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of SB under these Terms of Use and any other applicable agreement between you and SB shall be cumulative, and the exercise of any such right or remedy shall not limit SB’s right to exercise any other right or remedy.

Survival:

The provisions “General Disclaimer of Warranties,” “Governing Law,” “Indemnification” and “Proprietary Rights” will survive the termination of these Terms of Use.

International Access:

Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Governing Law:

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York without giving effect to any conflict of law provisions. You expressly consent to the exclusive jurisdiction and venue in the courts located in New York County, New York for all matters relating in any way to these Terms of Use, your visit to or use of the Site, or to any purchase, return or other transaction with SB.

Questions: Should you have any questions regarding these Terms of Use you may contact us at sarah@stillpointbeauty.com.