What it does	Hydroquinone	Uneven
Blocks melanin at source	✓	✓ ✓
Stops melanin transfer to surface	—	✓
Targets only overactive melanocytes	—	✓
Repairs skin barrier	—	✓
Safe for Fitzpatrick V–VI	⚠ Risk	✓
No paradoxical darkening	⚠ Risk	✓
Non-irritating formula	—	✓
Daily use safe	⚠ Limited	✓

Términos del servicio

Terms of Service Effective Date: April 18, 2025

Welcome to www.unevenskin.co and our related websites that link to these Terms (collectively, the "Website"), owned and operated by Uneven ("Uneven," "we," "us," or "our"). Except as otherwise noted herein, these terms and conditions (the "Terms") govern your use of the Website and Uneven's services, applications, and content (collectively, the "Site") and your purchase, receipt, or use of our skincare or other products made available through the Site (collectively, the "Product(s)").

PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE OR USE OUR PRODUCTS.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Uneven reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Site. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Site or order, receive or use the Products.

1. Account Creation; Eligibility

You may use the Site only if you can form a binding contract with Uneven, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. In order to purchase from the Site you must complete the registration process to obtain a user account. To do this, you will be required to provide your name and e-mail address. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms by reference.

When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you, and no one else, will use your account. You agree to contact Uneven immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Uneven from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with Uneven electronically. Paying for the connectivity and data plans of your computer devices is your responsibility. Uneven has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Site.

2. Terms of Sale

2.1 Orders, Pricing and Payments

Uneven strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. The displayed colors of the Products depend upon the monitor of the user, and Uneven cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. Your order is subject to cancellation by Uneven, in Uneven's sole discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Unless otherwise agreed to by Uneven, payment must be received by Uneven prior to Uneven's acceptance of an order. Uneven may process payment for and ship parts of an order separately.

2.2 Quantity Limitations and Restrictions

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Please note that certain orders constitute improper use of the Site and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

2.3 Resellers Prohibited

We reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, a "reseller" is anyone who purchases a product(s) from the Site for the purpose of engaging in a commercial sale of that same product(s) to a third party. Products you purchase may not be resold or exported; your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.

2.4 Shipping

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Please refer to our FAQ page for more information regarding shipping.

2.5 Taxes

We will collect applicable sales tax on Products shipped to the states and/or regions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. Unless you provide Uneven with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.

2.6 Returns & Exchanges

Please refer to our FAQ page for more information regarding returns and exchanges.

2.7 Product Disclaimer

All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty skincare and beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Site before using or relying on them. Your physician or health care practitioner should address all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Uneven does not give or intend to give any answers to medical-related questions. Uneven does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website.

IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

Uneven reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as determined by Uneven in its sole discretion. Except where prohibited by law, Uneven may limit the number of Products available for purchase.

3. Security Rules

Violations of system or network security may result in civil or criminal liability. Uneven investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

Accessing data not intended for you or logging on to an Uneven server or account that you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "email bombing" or "crashing" the Site; and
Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

4. Prohibited Uses; Access

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which is limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Uneven specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

Posting any information that is incomplete, false, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol;
Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it;
Communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations;
Communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or
Attempting to interfere in any way with the Site's or Uneven's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, icons, characters, artwork, images, photographs, graphics, sound, messages, software and the HTML used to generate the pages (collectively, "Materials and Content"), is Uneven's property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Uneven.

We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.

5. Proprietary Rights

As between you and Uneven, Uneven is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Uneven logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the "Intellectual Property") are owned by Uneven and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without Uneven's prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Uneven.

Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

6. User Content; Social Media Agreement

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, TikTok, Pinterest, and Facebook, that are tagged with #Uneven #UnevenSkin or any other Uneven-promoted hashtag (collectively "User Content") shall be deemed non-confidential and non-proprietary.

By submitting or posting any User Content, you grant to Uneven a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

By submitting or posting User Content, you represent and warrant that: (i) you own or control any and all rights in and to the User Content; (ii) you have obtained permission from any individuals that appear in the User Content to use their name, image, voice and/or likeness; (iii) you are 18 years of age or older; and (iv) the User Content does not contain false or misleading information, infringe on the intellectual property or privacy rights of any third party, contain any fraudulent, libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, or contain computer viruses or other harmful files or code.

Uneven does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. Uneven retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Uneven has no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

7. Contests, Sweepstakes, and Other Promotions

We may, from time to time, sponsor contests, sweepstakes, or other promotions that offer prizes or that require you to submit material or information about yourself. Each has its own rules, which you must read and agree to before you may enter. If you participate, we may request certain personally identifiable information from you. Participation in these contests or sweepstakes is completely voluntary and you have a choice whether or not to disclose this information. We will not share the personally identifiable information you provide through a contest or promotion with other third parties unless we give you prior notice and a choice as to whether you want that information disclosed.

8. Copyright Complaints

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Uneven's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"). To be effective, the notice must include ALL of the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances. Notices of claimed copyright infringement and counter-notices should be delivered via email to hello@unevenskin.co with "DMCA Takedown Request" in the subject line.

9. Privacy Policy

Notwithstanding anything else to the contrary contained in these Terms, Uneven's use of any personally identifiable information (name, email, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Uneven's protection of your personal information, please refer to our Privacy Policy available on our Website.

10. Third Party Links

The Site may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Uneven does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Uneven is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk. It is your responsibility to read each Third Party Platform's policies to ensure that you consent to their individual practices.

11. Telephone Communications; Text Messaging; SMS Policy

Uneven offers a mobile messaging program (the "Program"), which you agree to use and participate in subject to this Section 11 and its subparts as well as our Privacy Policy (the "SMS Terms"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below.

11.1 User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. Message and data rates may apply. Message frequency varies.

11.2 User Opt Out

If you do not wish to continue participating in the Program or no longer agree to these SMS Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

11.3 Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of our Products. Messages may include checkout reminders.

11.4 Cost and Frequency

Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

11.5 Support Instructions

For support regarding the Program, text "HELP" to the phone number you received messages from or email us at hello@unevenskin.co. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

11.6 MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

11.7 Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

11.8 Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

11.9 Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction.

11.10 Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, obscene, offensive, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful files or code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITECH" Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11.11 Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and us, or between you and any third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these SMS Terms, or the breach, termination, enforcement, interpretation or validity thereof, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Colorado before one arbitrator and as set forth in Section 14 below. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

11.12 State Law

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Program, (1) your shipping address, as provided, is located in Florida, or (2) the area code for the phone number used to opt-into the Program is a Florida area code.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) as applicable to Washington residents.

Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code.

11.13 Miscellaneous

You warrant and represent to us that you have all necessary rights, power, and authority to agree to these SMS Terms and perform your obligations hereunder. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these SMS Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these SMS Terms will otherwise remain in full force and effect and enforceable. We reserve the right to change these SMS Terms from time to time. Any updates to these SMS Terms shall be communicated to you.

12. California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please either send an email to hello@unevenskin.co. Residents of California may also contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

13. Disclaimers and Limitations of Liability

Uneven publishes information on its Site as a convenience to its visitors. While Uneven attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. Uneven does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PRODUCTS AND SITE, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNEVEN DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND CONTENT, FUNCTIONS, PRODUCTS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNEVEN DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE MATERIALS AND CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNEVEN, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, EVEN IF UNEVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF UNEVEN ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ACCESS OR USE OF THE SITE OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. Indemnity

You agree to indemnify and hold Uneven, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys' fees and court costs, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse Uneven, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by Uneven in connection with the foregoing indemnity.

15. Governing Law and Disputes

THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND UNEVEN ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS, UNEVEN'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO WITHOUT REGARD TO CONFLICTS OF LAW.

16. Dispute Resolution and Binding Arbitration

YOU AND UNEVEN 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 UNEVEN its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase arising from or relating in any way to your purchase of Product, your use of the Site, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms, Uneven's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer's individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR UNEVEN SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that Uneven will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Information on AAA or JAMS and their applicable rules are available at: (i) American Arbitration Association: (800) 778-7879, adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com.

If for any reason a claim proceeds in court rather than in arbitration each of you and Uneven waive any right to a jury trial. Moreover, each of you and Uneven both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights. This arbitration provision shall survive the end of the relationship between you and Uneven.

17. General

These Terms constitute the entire agreement between you and Uneven and govern your use of the Site, and they supersede any prior agreements between you and Uneven, provided, however, that these Terms shall be read in conjunction with the Privacy Policy as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that this Site shall be deemed a passive website solely based in Arvada, Colorado, USA, which does not give rise to personal jurisdiction over Uneven in jurisdictions other than Colorado. Uneven may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in Uneven's sole discretion you fail to comply with any provision of these Terms.

You agree that no joint venture, partnership, employment or agency relationship exists between Uneven and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to Uneven or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of Uneven to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without Uneven's express prior written consent. These Terms inure to the benefit of Uneven's successors, assigns, affiliates and licensees.

18. Contact Us

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email us at:

Uneven
hello@unevenskin.co