PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
Subject to the conditions set forth herein, Cuebey, LLC, the parent company of Virtual Skin Care may, in its sole discretion, amend this Agreement and any other Terms of Service at any time by posting a revised version on the App. Cuebey will provide reasonable advance notice of any amendment that includes a substantial change, by posting the updated Terms of Service on the App, providing notice on the App, and/or sending you notice by email. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).
You understand that by using the app or app services after the effective date, you agree to be bound by the terms of this agreement. If you do not accept the terms of the terms of service in its entirety, you must not access or use the app or the app services after the effective date except as permitted by the app terms of service.
If you agree to the terms of service on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the terms of service and agree that you are binding both you and that entity or agency to the terms of this agreement. In that event, “you” and “your” will refer and apply to you and that entity or agency.
- Visual Skin Care Accounts
By registering for an account to use the App or App Services (an “Account”), by using the App or App Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the App, you agree to abide by this Agreement and the other Terms of Service.
To access and use certain portions of the App and the App Services, you must register for an Account. Subject to the App Terms of service, certain portions of the App are available to App Visitors, including those portions before your Account registration is accepted. Cuebey reserves the right to decline a registration to join Visual Skin Care, for any lawful reason, including supply and demand, cost to maintain or present data, or other business considerations.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.
Cuebey does not generally investigate any remarks posted by users or other content for accuracy or reliability and does not guarantee that user content is accurate. You are solely responsible for your user content, including the accuracy of any user content, and are solely responsible for any legal action that may be instituted by other users or third parties as a result of or in connection with your user content if such user content is legally actionable or defamatory. Cuebey is not legally responsible for any feedback or comments posted or made available on the app by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect users from abuse, Cuebey reserves the right (but is under no obligation) to remove posted feedback or information that, in Cuebey’s sole judgment, violates the Terms of Service or diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Cuebey. You acknowledge and agree that you will notify Cuebey of any error or inaccurate statement in your feedback results, including the Compoapp Information, and that if you do not do so, Cuebey may rely on the accuracy of such information.
6. Warranty Disclaimer
You agree not to rely on the app, the app services, any information on the app or the continuation of the app. The app and the app services are provided “as is” and on an “as available” basis. Cuebey makes no representations or warranties with regard to the app, the app services, work product, or any activities or items related to this agreement or the terms of service. To the maximum extent permitted by applicable law, Cuebey disclaims all express and implied conditions, representations and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you.
7. Limitation of Liability
Cuebey is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of service, including, but not limited to:
- your use of or your inability to use our app or app services;
- delays or disruptions in our app or app services;
- viruses or other malicious software obtained by accessing, or linking to, our app or app services;
- glitches, bugs, errors, or inaccuracies of any kind in our app or app services;
- damage to your hardware device from the use of the app or app services;
- the content, actions, or inactions of third parties’ use of the app or app services;
- a suspension or other action taken with respect to your account;
- your reliance on the quality, accuracy, or reliability of job postings, profiles, ratings, recommendations, and feedback (including their content, order, and display), compoapp information, or metrics found on, used on, or made available through the App; and
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
Additionally, in no event will Cuebey, its affiliates or other licensors, service providers, employees, agents, officers, managers, members or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the webapp, any webapps linked to it, any content on the app or such other apps or any services or items obtained through the app or such other apps, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injuyr, pain and suffering, emotional distress loss of revenue, loss of profits, los of business or anticipated savings, loss of use, loss of goodwill loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In accepting liability as the limited authorized payment collection agent off seller, Cuebey and its affiliates assume no liability for any acts or omissions of the users. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Unless both you and Cuebey expressly agree otherwise in writing, either of us may terminate this agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. In the event you properly terminate this agreement, your right to use the app and app services is automatically revoked, and your account will be closed. Cuebey is not a party to any service contract between users. Consequently, user understands and acknowledges that termination of this agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any service contract or project entered into between users. If you attempt to terminate this agreement while having one or more open projects, you agree (a) you hereby instruct Cuebey to close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such projects have closed on the app; (c) Cuebey will continue to perform those app services necessary to complete any open project or related transaction between you and another user; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open service contracts, whichever is later, to Cuebey for any app services or such other amounts owed under the Terms of Service and to any freelancers for any freelancer services.
Without limiting Cuebey’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the app or app services, deny your registration, or permanently revoke your access to the app and refuse to provide any or all app services to you if: (i) you breach the letter or spirit of any terms and conditions of this agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our users, or Cuebey or our affiliates; may be contrary to the interests of the app or the user community; or may involve illicit or illegal activity. If your account is temporarily or permanently closed, you may not use the app under the same account or a different account or reregister under a new account without Cuebey’s prior written consent. If you attempt to use the app under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment method to pay for any amounts owed by you to the extent permitted by applicable law.
You acknowledge and agree that the value, reputation, and goodwill of the app depend on transparency of user’s account status to all users, including both yourself and other users who have entered into service contracts with you. You therefore agree as follows: If Cuebey decides to temporarily or permanently close your account, Cuebey has the right where allowed by law but not the obligation to: (A) notify other users that have entered into service contracts with you to inform them of your closed status, (B) provide those users with a summary of the reasons for your account closure. You agree that Cuebey will have no liability arising from or relating to any notice that it may provide to any user regarding closed status or the reason(s) for the closure.
You agree to indemnify and hold Cuebey and Cuebey’s parent, subsidiaries, affiliates, officers, directors, members, agents, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporated by reference, or your breach of any law or the rights of a third party.
10. Arbitration Agreement
This Arbitration Agreement applies only to users in the United States.
10.1 Dispute resolution and arbitration
You and Cuebey agree that any dispute, claim, or controversy between you and Cuebey arising in connection with or relating in any way to these agreements or to your relationship with Cuebey as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the agreements) will be determined by mandatory binding individual (not class) arbitration. You and Cuebey further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the agreements.
Notwithstanding the clause above (24.2.1), you and Cuebey both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this arbitration agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
10.3 No Class Or Representative Proceedings: Class Action Waiver
YOU AND Cuebey AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Cuebey agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
10.4 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Cuebey will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Cuebey agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Cuebey can also help put you in touch with the AAA.
Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, Cuebey will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Cuebey will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
10.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Cuebey’s address for Notice is: Cuebey, LLC, 7304 Carroll Avenue Takoma Park, MD 20912. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Cuebey may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Cuebey shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Cuebey’s last written settlement offer, then Cuebey will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction of the State of Maryland shall govern any claim in court arising out of or related to the Agreements.
Cuebey: Cuebey, LLC, parent company of Visual Skin Care
User: A user refers to any person, persons or entities making use of the app.
App: App refers to www.visualskincare.com, or any related webapp, website or mobile app.
Effective Date: The effective date refers to the date on which the terms and conditions are agreed upon.