Terms of Service

Thank you for using the realafskincare.com website and associated content (hereinafter “Website”), which is owned, operated, or licensed by Peachy Partners, LLC (“realafskincare.com”). realafskincare.com provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Service Agreement (hereinafter “Agreement”).

This Agreement and the terms contained herein is subject to change by realafskincare.com at any time, in its sole and absolute discretion, and without notice. Therefore, you are instructed to review the terms of this Agreement prior to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.

realafskincare.com hereby incorporates its Privacy Policy as if fully restated herein. You are instructed to review realafskincare.com’ Privacy Policy to understand the personal and personally identifiable information that realafskincare.com may collect from you when you use the Website and how realafskincare.com may use that personal or personally identifiable information.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND realafskincare.com WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

  1. User Warranties

By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. 

  1. Limited License

You acknowledge and agree that the Website is the property of or is licensed by realafskincare.com and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. realafskincare.com reserves all of rights not expressly granted through this Agreement.

realafskincare.com provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website. 

In the event you submit content to the Website, including, but not limited to, photos, videos, or text (collectively “User Generated Content”), you grant realafskincare.com a limited, worldwide, non-exclusive, sublicensable, assignable, and royalty free license to reproduce, prepare derivative works, distribute copies, perform publicly, display publicly, and transmit your User Generated Content for the customary and intended purposes of the Website. realafskincare.com reserves the right to remove, delete, suspend, or reject your User Generated Content at any time and in its sole and absolute discretion. You warrant and represent that you own all right, title, and interest in and to any User Generated Content that you submit to the Website.

  1. Acceptable Use Policy

You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website. You are also prohibited from using the Website to transmit unsolicited commercial emails to third parties or users of the Website, obtaining or mining the personal data of third parties or users of the Website, harassing or defaming third parties or users of the Website, posting obscene, sexually explicit, or pornographic content to the Website, or using the Website to promote bodily harm or emotional distress to third parties or users of the Website.

  1. Registered Accounts

When using the Website, realafskincare.com may provide you with the ability to register an account, which may allow you to obtain additional access to the Website, review your order history, and receive updates on your orders (“Account”). To register for an Account, you must provide realafskincare.com with certain personal information, including your name, email address, and password. You warrant and agree that any information that you provide in association with your registration or use of an Account will be accurate, current, and complete.

You acknowledge and agree that you control access to your Account. Your Account may only be used by you or by third parties with your express written consent. realafskincare.com will not be held responsible or liable for any unauthorized access to your Account, and you are under a continuing duty to promptly provide realafskincare.com with notice of any unauthorized or unusual access to your Account. You are advised to keep the username and password associated with your Account secure and secret. By creating an Account and providing your personal information to realafskincare.com, you acknowledge and agree that realafskincare.com may use your personal information to contact you.

realafskincare.com reserves the right to suspend or terminate your Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.

  1. Orders and Payment

Each order submitted to realafskincare.com through the Website is an offer to realafskincare.com to buy the product(s) listed in the order. When you place an order to purchase a product through the Website, realafskincare.com will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute realafskincare.com’ acceptance of your order. No order will have been deemed to have been accepted by realafskincare.com until the product(s) contained within the order is shipped by realafskincare.com to you. 

Payment for all orders placed through the website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that realafskincare.com is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by realafskincare.com’ payment processor. You agree that you will not initiate any chargebacks to realafskincare.com unless otherwise authorized by realafskincare.com in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against realafskincare.com.

  1. Product Pricing and Availability

While realafskincare.com strives to provide accurate prices for its products and to carry or have regular access to sufficient inventory, it is possible high volume or rare products are out of stock at the time of your order or that prices may not be accurately reflected on the Website. If this is the case, realafskincare.com will contact you in a reasonable time frame to advise you of the issue. You understand and agree that the price or availability of a product displayed through the Website does not guarantee that the product will be in stock, sold at the listed price, or that your order can be immediately fulfilled by realafskincare.com.

  1. Trademarks

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by realafskincare.com, including but not limited to realafskincare.com, are common law or registered trademarks owned by or licensed to realafskincare.com. You are expressly prohibited from using the trademarks of realafskincare.com to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of realafskincare.com in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

  1. Third Party Links

You acknowledge and agree that the Website may contain links to third party websites or content that realafskincare.com does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that realafskincare.com will not be responsible for websites not under the ownership or control of realafskincare.com. realafskincare.com specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk.

  1. Term and Termination

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) realafskincare.com terminates your access to the Website; or (ii) you cease using the Website and terminate your User Account. realafskincare.com reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

  1. Section 230 Compliance

You acknowledge and agree that the Website is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. realafskincare.com will not be considered a speaker or publisher of any information provided by a third party to the Website, regardless of whether realafskincare.com chooses to remove, suspend, change, or amend such information. 

  1. Copyright Policy

The Website is copyright 2021 realafskincare.com, LLC. realafskincare.com will expeditiously respond to all duly issued notifications of copyright infringement that are sent to realafskincare.com’s designated copyright agent pursuant to 17 U.S.C. § 512. All notices of copyright infringement must contain the following:

  1. The physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  2. Identification of the copyrighted work alleged to have been infringed;
  3. Specific identification of the allegedly infringing material, including, if applicable, a link to the allegedly infringing material;
  4. Contact information of the complaining party;
  5. A statement that the complaining party has a good faith belief that the use of the material complained of is not authorized by the copyright holder, its agent, or the law; and
  6. A statement that the information in the notice is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Upon receipt of a notice of infringement, realafskincare.com will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter-notifications must contain the following:

  1. The physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or the location where the material previously appeared;
  3. A statement, under penalty of perjury, that the subscriber has a good faith belief that the material was removed due to mistake or misidentification; and
  4. The subscriber’s name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the federal district court in which the subscriber is located or, if the subscriber is located outside of the United States, in San Jose, California. 

All notices of infringement and counter-notifications may be sent to copyright@realafskincare.com.io.  

  1. Disclaimer of Warranties and Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE WEBSITE AND SERVICES PROVIDED BY realafskincare.com, THEIR USE, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, realafskincare.com MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. NEITHER PARTY IS RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACTS OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL.

realafskincare.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF THE realafskincare.com WEBSITE, SERVICES, OR GOODS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

NEITHER PARTY SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES, COSTS OR EXPENSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, BUSINESS INTERRUPTION, LOSS OF OPERATION TIME AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, LOSS, COST OR EXPENSE. OTHER THAN AS SET FORTH HEREIN, EACH PARTY’S TOTAL OBLIGATIONS AND/OR LIABILITY, IF ANY HEREUNDER, SHALL BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO realafskincare.com.

  1. Indemnification

You agree to indemnify, defend, and hold harmless realafskincare.com, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of goods through the Website; (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend realafskincare.com will not provide you with the ability to control realafskincare.com defense, and realafskincare.com reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

  1. Arbitration

You and realafskincare.com agree that any dispute arising out of or related to this Agreement or your use of the Website will be governed by the laws of the State of Texas without regard to its conflict of laws rules. Except for claims for injunctive relief by either party, you and realafskincare.com agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Austin, Texas or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party.  Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND realafskincare.com EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Any claims must be brought within one year of each applicable invoice or will otherwise be barred.

  1. Force Majeure

realafskincare.com will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond realafskincare.com’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.

  1. Survivability 

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend realafskincare.com.

  1. Severability

In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.

  1. Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

  1. Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. realafskincare.com reserves the right to assign its rights and duties under this Agreement, including in a sale of realafskincare.com or its Website. 

  1. Waiver, Privacy Policy, and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. realafskincare.com incorporates by reference its Privacy Policy as if fully stated herein.