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Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "Site”). BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

1. Use of Site Materials

Fieldtrip grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use the Site for personal, noncommercial purposes, and to print or download portions of this Site for the sole purpose of placing an order with Fieldtrip or using this Site as a shopping resource. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Except as stated in these Terms of Use, no materials on this Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified in any way without the prior written permission of Fieldtrip. All rights not expressly granted to you in these Terms of Use or are reserved and retained by Fieldtrip or its licensors, suppliers, other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fieldtrip without express written consent. Fieldtrip reserves the right to terminate this license in the event you fail to comply with any of these Terms of Use or our Privacy Policy.

2. Copyright

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description and photo of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (the URL);
your address, telephone number, e-mail address, and social media handle (if applicable);
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply substantially with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:

Fieldtrip DMCA Agent
Jack Black LLC
551 Southwestern Blvd.
Suite 100
Coppell, TX 75019
Phone: 4693412700
Email: [email protected]

In accordance with the Digital Millennium Copyright Act ("DMCA"), Fieldtrip has adopted a policy of terminating, in appropriate circumstances and at Fieldtrip’s sole discretion, account holders deemed to be repeat infringers due to our receipt of multiple DMCA notifications from content owners.

3. Trademarks

All trademarks, service marks, trade names, logos and trade dress (collectively, the "Marks") are registered and unregistered trademarks of Fieldtrip or other respective owners that have granted Fieldtrip the right and license to use such Marks. Nothing on this Site should be construed as granting any license or right to use any Mark displayed on the Site. You may not use any Marks without the prior written permission of Fieldtrip.

4. User Accounts

Only you may use your FieldtripSkin.com user account, and you are responsible for all activity that takes place with your user account. You are also responsible for keeping your user name and password confidential. You must promptly notify us via e-mail at [email protected] if your password is lost, stolen or used without permission. Fieldtrip reserves the right to terminate any user account in the event you fail to comply with any of these Terms of Use or our Privacy Policy. Fieldtrip reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

5. Age of Users

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to purchase products from the Site without the supervision of a parent or legal guardian.

6. User Submissions

Any material, information, idea, photo, or other communication you transmit to or post on this Site or to Fieldtrip by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Fieldtrip and/or its designees for any purpose whatsoever, including, but not limited to, developing and manufacturing products ("Communications"). Fieldtrip will have no obligations with respect to the Communications. Fieldtrip and its designees will be free to copy, disclose, distribute, incorporate, or otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this Site anything illegal, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages, or could rise to any civil or criminal liability under the law. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fieldtrip reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Fieldtrip a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fieldtrip and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fieldtrip for all claims resulting from content you supply. Fieldtrip has the right but not the obligation to monitor and edit or remove any activity or content. Fieldtrip takes no responsibility and assumes no liability for any content posted by you or any third party.

7. Disclaimer of Warranties and Limitations of Liability

THE SITE IS PROVIDED BY Fieldtrip ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. Fieldtrip MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, OR MATERIALS INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Fieldtrip DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Fieldtrip DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF Fieldtrip.’S CONTROL. Price and availability information is subject to change without notice.

IN NO EVENT SHALL Fieldtrip BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Fieldtrip HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH Fieldtrip’S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.

8. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Fieldtrip, its subsidiaries, affiliates, co-brand partners, and other parties with which Fieldtrip is under contract or affiliated, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, but not limited to, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use, Privacy Policy, and/or resulting from any and all content you submit to Fieldtrip and/or the Site. Fieldtrip shall provide notice to you of any such claim, suit or proceeding.

SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.

9. Links to Third Party Sites

This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). These links are provided solely as a convenience to you, and do not constitute an endorsement by Fieldtrip of the content of such third party sites nor of the business practices of such other businesses, entities or individuals. You acknowledge that Fieldtrip is not responsible for the availability of, or the content located on or through, any External Site. You should carefully review their privacy statements and other conditions of use on any third party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

10. Governing Law; Jurisdiction

By accessing or using the Site, you agree that the Site, these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and Fieldtrip will be governed by and construed in accordance with applicable federal law, and the laws of the State of Texas, without regard to principles of conflicts or choice of law. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Dallas County, Texas, USA, for all disputes arising out of or relating to the Site, these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and Fieldtrip that are heard in court (excluding arbitration and small claims court). Fieldtrip makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 18.

11. Electronic Communications

When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12. International Law

We control, operate, and administer the Site from the United States. We make no representation that any material on our Site is appropriate or available for use outside of the United States. Illegal access to the Site from territories where their content is illegal is prohibited. You may not use the Site or export it in violation of U.S. export laws, rules, and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.

13. General

These Terms of Use, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with Fieldtrip and supersedes any prior statements or representations. If any provision of these Terms of Use or Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by Fieldtrip, in our sole discretion, to a third party. You may not assign these Terms of Use or your obligations to any other individual or entity, and any attempt by you to do so is void.

SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.

14. Privacy Policy

Fieldtrip’s use of any information you provide us is governed by the terms of our Privacy Policy, which is incorporated herein by reference.

15. Survival

The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, dispute resolution, and confidentiality, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms of Use, shall survive the expiration or termination of these Terms of Use.

16. Site Policies; Revisions and Modifications of Terms of Use

Please review our other policies, such as our Returns & Exchanges policy, posted on this Site. These policies also govern your use of the Site any products or services sold or distributed by Fieldtrip or through the Site. Fieldtrip reserves the right to revise or modify these Terms of Use at any time. These Terms of Use are subject to change without prior notice. By using this Site, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use to which you are bound. Your continued use of our Site following the posting of changes to these Terms of Use means you accept such changes. In the event that you do not agree to any changes or modifications of these Terms of Use, you should not continue to use the Site.

17. Disputes

In order to expedite and control the cost of disputes, you and Fieldtrip. agree that any legal or equitable claim relating to use of this Site or purchase of any product from this Site (referred to as a "Claim") will be resolved as follows:

A. Informal Resolution:

You and Fieldtrip will first attempt to resolve any Claim informally. Accordingly, neither you nor Fieldtrip may start a formal Arbitration proceeding for at least 60 days after one party notifies the other party of a Claim in writing.

SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 17(A).

B. Formal Resolution by Arbitration:

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute controversy or claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Site, or purchase of any Fieldtrip or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of arbitration shall be governed solely by the Federal Arbitration Act.

If you and Fieldtrip cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration. By agreeing to arbitration, both you and Fieldtrip understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Fieldtrip each agree to settle disputes (except certain small claims) only by arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.

The arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the "JAMS Rules") and under the rules set forth in these Terms of Use. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate arbitration, Fieldtrip agrees to pay the arbitration initiation fee and any additional required deposit required by JAMS to initiate your arbitration. You and Fieldtrip agree to pay the costs of the arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your home town area if possible, unless you and Fieldtrip both agree to another location or telephonic arbitration. To initiate arbitration, you or Fieldtrip must do the following things:

Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS [to your local JAMS office or to JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225].
Send one copy of the Demand for Arbitration to the other party.

Special Rules in the arbitration proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Fieldtrip shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Fieldtrip agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms of Use, you may assert an individual Claim in small claims court in lieu of Arbitration.

C. Time to Bring Your Claim:

Any Claim you may have directly or indirectly arising out of or relating to these Terms of Use or the Site (including the purchase of any product via the Site) must be commenced within one (1) year after the Claim arises.

SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 17(C).

18. Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 7, 8, 10, 13, 17(A), and 17(C) do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Fieldtrip reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 17(B) (Formal Resolution by Arbitration).