Terms of service
Acceptance of the Terms of Use
These terms of use, together with any documents they expressly incorporate by reference (collectively, “Terms
of Use”) are entered into by and between you and Catie Koraleski Skincare, LLC (“Company”, “we”, “us” or
“our”). The Terms of Use govern your access to and use of https://estheticsbycatie.com/, any Company-
operated online storefront, and any other Company-owned and/or operated website or mobile sites, including
any content, functionality and services offered on or through https://estheticsbycatie.com/ (“Website”), whether
as a guest or a registered user.
Additional terms and conditions may also apply to specific products, services, or features of the Website. All
such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you
accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at
https://estheticsbycatie.com/privacy-policy, incorporated herein by reference. If you do not want to agree
to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and
agree to the changes. You are expected to check this page each time you access the Website so you are
aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service, products, or material we provide on
the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the
Website is unavailable at any time or for any period. You are responsible for making all arrangements
necessary for you to have access to the Website, and for ensuring that all persons who access the Website
through your internet connection or your account (as applicable) are aware of these Terms of Use and comply
with them.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all trademarks,
information, software, text, names, logos, service names, designs, slogans, displays, images, video and audio,
and the design, selection and arrangement thereof), are owned by the Company, its licensors or other
providers of such material and are protected by United States and international copyright, trademark, patent,
trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not
reproduce, distribute, modify, copy, create derivative works of, publicly display, publicly perform, republish,
download, store or transmit any of the material on the Website. You must not access or use for any
commercial purposes any part of the Website or any services or materials available through the Website.
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No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights
not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not
to use the Website:
· In any way that violates any applicable federal, state, local or international law or regulation (including,
without limitation, any laws regarding the export of data or software to and from the US or other
countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing
them to inappropriate content, asking for personally identifiable information or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk
mail," "chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any
other person or entity (including, without limitation, by using e-mail addresses associated with any of
the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or
which, as determined by us, may harm the Company or users of the Website, or expose them to
liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere
with any other party's use of the Website, including their ability to engage in real time activities through
the Website.
· Use any robot, spider or other automatic device, process or means to access the Website for any
purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other
purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or
technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the
server on which the Website is stored, or any server, computer or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to perform any or all of the following without incurring any liability or obligation:
· Remove or refuse to post any content for any or no reason in our sole discretion.
· Take any action with respect to any content that we deem necessary or appropriate in our sole
discretion, including if we believe that content violates the Terms of Use, infringes any intellectual
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property right or other right of any person or entity, threatens the personal safety of users of the
Website or the public or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted
by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or
unauthorized use of the Website.
· Terminate or suspend your access to all or part of the Website for any or no reason, including without
limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court
order requesting or directing us to disclose the identity or other information of anyone posting any materials on
or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES,
LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES
OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure
prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any
action or inaction regarding transmissions, communications or content provided by any user or third party. We
have no liability or responsibility to anyone for performance or nonperformance of the activities described in
this section.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information
purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you
place on such information is strictly at your own risk.
The Website may include content provided by third parties, and all statements and/or opinions expressed in
these materials, and all articles and responses to questions and other content, other than the content provided
by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.
These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you
or any third party, for the content or accuracy of any materials, products, platforms, or any other services
provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-
to-date. Any of the material on the Website may be out of date at any given time, and we are under no
obligation to update such material.
Pricing and Product Purchases
Any customer may be required to satisfy a minimum order amount prior to such customer’s order being eligible
for shipping (“Order Minimum”). A shipping charge may apply.
With respect to items sold on the Website, we cannot confirm the price of an item until you order. Despite our
best efforts, a small number of the items on the Website may be mispriced. Following a transaction, if the
correct price of an item sold by us is higher than our stated price, we may, at our discretion, either contact you
for instructions before shipping or cancel your order and notify you of such cancellation. Following a
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transaction, if the correct price of an item sold by us is lower than our stated price or if you were mistakenly
overcharged, you may be eligible for a partial refund. Customers who may be eligible for a refund should
contact us at estheticsbycatie@gmail.com . Photos are merely exemplary of products advertised.
All prices on the Website are shown in U.S. dollars and, unless expressly stated, all applicable taxes and other
charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole
discretion, at any time and without notice, including without limitation, as based on geographic or other criteria
as we may establish from time to time.
We retain the right to utilize third-parties in fulfilling any aspect of any transaction, including payment
processing, confirming the transaction, providing the product, shipping the product, fulfilling an order, or
performing any other aspect of the transaction. For example, upon submitting an order to us, you may receive
an email from a third-party with an invitation to review your order.
You acknowledge that certain products may be subject to certain laws, regulations, or other binding rules that
may limit the availability of certain products or your ability to purchase certain products. We make no
representation that all listed products are available to be purchased by any customer.
All of our products are subject to availability, and we reserve the right to impose quantity limits on any
transaction, to reject all or part of a transaction, and to discontinue offering certain products without prior
notice. We attempt to be as accurate as possible. We reserve the right to correct any errors, inaccuracies or
omissions and to change or update information (including, without limitation, information related to text, pricing,
availability and product descriptions) at any time without notice (including after you submitted your order and
confirmation was received). We do not warrant that product descriptions or other content of any service or
product is accurate, complete, reliable, current, or error-free.
You are not permitted to resell or otherwise use our products for commercial purposes.
Shipping Terms
We only ship products to addresses located in the [United States OR contiguous United States].
Delivery shall be made F.O.B. Shipping Point, where we shall not be liable for any delays, loss, or damage in
transit, and you accept title and liability for shipped products upon shipment.
You are solely responsible for the proper and safe handling, storage, and use of the products following
delivery. Please read all product labels and warnings immediately upon receipt of any product. Failure to follow
proper and safe practices, product labels, warnings, and recommendations may increase the risk of injury or
other harm.
If you have any questions, concerns, or are unsatisfied with any aspect of your order, please contact us.
We understand the importance of timely access to our sold goods. Although we work diligently to ensure that
you receive your order on time, any schedule delivery or availability dates are merely estimates, and not
guarantees. We shall not be liable for any damages, loss, or other harm resulting from an order arriving before
after the scheduled delivery date.
Return Policy
You are responsible for inspecting all products you receive from us for any damage or other issues upon
delivery. In the case that you receive a damaged or incorrect product, you may be entitled to a partial or full
refund or a product exchange if you submit a claim of such damaged or incorrect product within seven (7) days
following receipt of the product. You may submit such a claim by contacting estheticsbycatie@gmail.com . We
reserve the exclusive right to determine whether any refund or exchange is to be issued.
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We do not provide any refunds, product guarantee, satisfaction guarantee, or guarantee on product
performance, except as otherwise put forth in this Shipping Policy. Please check all shipping addresses
carefully.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the
internet or the Website will be free of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and
accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of
any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT,
OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY
NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE
COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT
THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR
THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS 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 WEBSITE, ANY WEBSITES LINKED TO IT,
ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,
LOSS OF PROFITS, LOSS 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.
Indemnification
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You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers,
and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors
and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or
fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or
your use of the Website or any materials, information, content, services, or products made available thereon,
including, but not limited to, any use of the Website's content, services and products other than as expressly
authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or
related thereto (in each case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or
conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be
instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska, although
we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your
country of residence or any other relevant country. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the
Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent
such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, Privacy Policy, and all other documents incorporated herein constitute the sole and entire
agreement between you and the Company with respect to the Website and supersede all prior and
contemporaneous understandings, agreements, representations and warranties, both written and oral, with
respect to the Website.
Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Website
should be directed to: estheticsbycatie@gmail.com .