Terms of Service
Last Updated: January 1, 2024
Please read the following Conditions and Terms of Service (“Terms”) before using or purchasing from photoneffect.com (“Website”) and purchasing Photon Effect (“Product”) products. This product website is owned and operated by Eric Bernstein, a Pennsylvania State limited liability company, and its affiliates (collectively “Company”).
By accessing and our Website, the user (“You”) agree to these Terms. If you do not agree to these Terms you may not use this site.
Company reserves the right, at any time, to modify, alter or update these Terms, and You agree to be bound by such modifications, alterations or updates.
You must be 18 years of age or older to use the Website.
Company grants you permission to access our Website for the sole purpose of ordering our products. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of our Website is strictly prohibited.
Copyright
Company exclusively retains all property rights in all content found on our Website, such as text, graphics, logos, button icons, images, audio clips, and software, as well as, the collection or arrangement of this content . This content is protected by U.S. and international copyright laws.
Trademarks
Company exclusively retains all property rights in all trademarks, logos, service marks and trade names displayed on our Website.
You may not reproduce, modify, distribute, transmit, republish, display or use the content of our Website for any purpose other than to purchase Exposed’s products.
User’s Testimonials and Before/After Photos
If You submit any comments, testimonials, or photos to Company (“Customer Submissions”), You:
– grant to Company a non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit your Customer Submissions in any manner and for any purpose;
– acknowledge all Customer Submissions are non-confidential and non-proprietary;
– You represent and warrant that you own all Customer Submissions that you send to Company and if Company chooses to display your Customer Submission, it does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of You or any other person or entity.
SMS & Text Messaging
The Company mobile message service (the "Service") constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Company's Service, you agree to receive recurring SMS/text messages from and on behalf of Company through your wireless provider to the mobile number you provided, even if your mobile number is registered in any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Company. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time by click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Company mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Links to Other Web Sites
This Website may contain links to other websites. Company does not assume any responsibility for these sites, including their content, and does not endorse or recommend their products or services.
Refunds and Return Policy
[[[[[[[Company offers a full year (365day) refund policy on your first kit. Subsequent orders are returnable for 30days from date of order if items are unopened and in sellable condition, and are subject to a 10% restocking fee. For your first kit, you may use the entire product and return only the items empty. If you are unsatisfied with your first kit, initiate a Return Merchandise Authorization process, fill out the RMA form and send it back with your items to:
Company
Address
This offer is limited to one (1) kit per household.
In all circumstances, Initiating a credit card chargeback will void the refund policy, including the 1 year guarantee.
Subsequent kits and other products must be received in new condition, unopened within 30 days from the date we shipped them to you for a full refund, less shipping and handling.
Processing times for refunds to debit, credit cards and bank accounts vary
depending on your financial institution. Please allow up to 60 days for the credit to be applied to your original form of payment.
Products must be received by Company to qualify for the Refund and as such, we recommend tracking packages you send back to us. Please make sure you fill out and attached a RMA for with your return so we are able to process the refund.
Caution for returning international orders: Shipments marked “return to sender” or “refused” are seldom delivered to Exposed Skin Care and as such we are not able to refund such orders.]]]]]]]]]
Product Pricing and Currency Exchange Rates
The prices displayed on our Website are quoted in U.S. dollars. Please be aware that local currency values vary and thus, exchange rates between the US dollar and other currencies also vary. Company has absolutely no control over any currency exchange rate; this rate is set solely by your bank, credit card, or other financial institution. If You purchase Company products using funds denominated in a foreign currency, Company will charge You the price in U.S. dollars. The amount of foreign currency funds your financial institution charges You for Your purchase is solely determined by that financial institution, and not in anyway by Company.
Please check with your financial institution to find your exact currency exchange rate to determine the actual current price of Company's products in your local currency or with other questions before ordering Company's products.
Discount and Promotions
Discounts and promotions are offered periodically and apply only to new orders placed via applicable discount codes or using promotional links and do not apply to recurring orders. Any discounts or promotions are at the sole discretion of Company and may have specific limits for each offer.
Delays in Receiving Orders
At Company we value our customers above all else and are dedicated to not only providing you with the very best skincare treatment, but also exceptional customer service. However, seldom, things happen that are out of our control, these problems range from natural disasters to delays caused by occasional problems in the course of our business. If these rare events do occur, please be aware that you may experience a slight delay in receiving Your products. Our promise to you is we will do everything feasible to get your products to you as quickly as possible.
Risk of Loss
Company shall bear the risk of loss for all products only until the shipping company confirms that the ordered product was delivered to the shipping address You provided when ordering the product. At that point the entire risk of loss passes to You, the customer.
Resolution of Legal Disputes or Claims
If You have any problem or dispute, whatsoever, involving Company, You agree to follow the 2-step resolution process explained below:
Step 1 Mandatory Pre-Arbitration Procedures: You agree that before initiating any legal action against Company, you will:
• send Company a written description of your problem or dispute and explanation of how Company can resolve it, with the subject line: “REGARDING RESOLUTION OF A CLAIM”, via the “Contact Us” page on our Website
• wait 60 days from the date of Your written submission so that Company may work on resolving your problem or dispute before You file for arbitration, as explained below.
Step 2 Mandatory Arbitration: You agree that, after following the Mandatory Pre-arbitration Procedures, explained above, all claims, disputes or controversies shall be resolved by final and binding arbitration in Montgomery County, State of Pennsylvania, U.S.A. You acknowledge that You are foregoing any rights to litigate claims in a court or before a jury. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS arbitration rules. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in the underlying legal action. The arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction.
Waiver of Right to Class Action
You agree to waive Your right to join or consolidate Your legal claims as part of a class action law suit and to arbitrate any claim as a representative or member of a class. Further, in any such dispute, under no circumstances will You be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys’ fees and costs), other than actual out-of-pocket expenses and further waive all rights to have damages multiplied or increased.
Disclaimer
The information, services, and products on our Website are offered on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Also, Company does not represent or warrant that the information accessible via our Website is accurate, complete or current. Price and availability information is subject to change without notice.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR ANY LEGAL CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USE, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OUR WEBSITE. COMPANY’S LEGAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EXPOSED FOR COMPANY’S PRODUCTS. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy.
Governing Law and Jurisdiction
English is the authoritative text of this Agreement, and all communications and proceedings must be conducted in English. If this Agreement is translated, then the English language version will control. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflict of laws principle. The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
Severability
If any of the provisions of these Terms are held to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and the rest of the Terms shall still be enforced as written.