Last Updated: 9.29.23

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR MOBILE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS & CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE 

TERMS & CONDITIONS: 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE OR MOBILE APPLICATION IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ESSKN, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE, MOBILE APPLICATION OR ANY OF ITS CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These Terms and Conditions (these "Terms") set forth the general terms and conditions of your use of the ESSKN.COM website (“Website”), “ESSKN” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). These Terms are subject to change by Esskn, LLC (referred to as the “Company", us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Website and Mobile Application. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You acknowledge that these Terms govern your use of the Services. If you do not agree with any part of these Terms, you must not use the Website nor the Mobile Application.

Use of the Website and Mobile Application

You must be at least 18 years old to use this Website and Mobile Application or have the permission of a legal guardian.

You agree to use the Website and Mobile Application for lawful purposes and in a way that does not infringe upon the rights of others or restrict or inhibit their use of the Website and Mobile Application.

You are responsible for all content you post or upload to the Website and Mobile Application, and it must not violate any applicable laws or regulations, including but not limited to, intellectual property rights, privacy, or confidentiality.

Facial Services

Information about facial services, treatments, pricing, and availability provided on the Website and Mobile Application is subject to change without notice.

We make no guarantees or warranties about the effectiveness, results, or outcomes of any facial services or treatments. Results may vary from person to person.

Booking and Payment

Booking for facial services can be made through the Website and Mobile Application, and payment details are handled securely.

All payments for facial services are non-refundable unless otherwise specified in our cancellation policy.

Cancellation and Rescheduling

We understand that circumstances may require you to cancel or reschedule your appointment. Cancellation and rescheduling policies are detailed on the Website and Mobile Application. You are responsible for understanding and complying with these policies.

Termination of Services

We reserve the right to terminate or refuse service to any client for any reason, including but not limited to inappropriate behavior or failure to adhere to our policies.

Health and Medical Information

You are responsible for providing accurate and complete information regarding your health, allergies, medications, or any medical conditions that may affect your ability to receive facial treatments safely.

We reserve the right to refuse service to anyone who, in our professional judgment, may not be suitable for massage services due to health or medical concerns.

Consent and Release

You consent to the provision of facial services, including the application of skincare products and techniques, as determined by our trained Skinicians.

You hereby release ESSKN, LLC and waive any and all claims, liabilities, or damages for personal injuries that you may experience directly or indirectly from receiving treatments.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

TO THE FULLEST EXTENT PROVIDED BY LAW, OUR SOLE AND ENTIRE MAXIMUM LIABILITY IN THE AGGREGATE, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER UNDER AN THEORY OF LIABILITY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. 

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL ONLY APPLY TO THE EXTENT PERMITTED BY LAW.

Privacy Policy

Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

Changes to Terms & Conditions

We reserve the right to update or change these Terms at any time. Any changes will be posted on this page with the "Last Updated" date.

Intellectual Property

Definitions 

“Materials” shall refer to any and all content related to our facial services, including but not limited to treatment descriptions, tutorials, images, and skincare product information, 

"Equipment" shall refer to the combination of any hardware, machinery, devices, or tools used in connection with the operation of Esskn.

"Intellectual Property" shall mean all patents, copyrights, trademarks, trade secrets, know-how, and any other form of intellectual property rights related to the App and Equipment.

Ownership of Intellectual Property 

All Intellectual Property rights associated with the Materials, the Website, the Mobile App, and the Equipment, whether existing at the time of entering into these Terms or developed during its term, shall be and remain the exclusive property of ESSKN, LLC. 

Confidentiality

We will keep your personal and medical information confidential in accordance with our Privacy Policy, which can be reviewed on our website.

In-Home Environment

You are responsible for providing a suitable and safe environment in your home for the facial services, including a quiet and clean area for the spa table, access to power, water and two clean sheets for the facial table.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, pandemic, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law

These Terms shall be governed by, construed, and enforced in accordance with the laws of Colorado, United States of America, without regard to any choice of law principles. 

Dispute Resolution and Binding Arbitration.

YOU AND ESSKN ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ESSKN WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CLIENTS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Limitation on Time to File Claims. 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Contact Information

For any questions or concerns regarding these Terms, please contact us at info@esskn.com.