TERMS OF SERVICE


Effective as of September 1st, 2016

INTRODUCTION

At Beast Data-Driven Skin Care, we like our Terms of Service to be like our products: effective, simple & straightforward.

To make it easier for you (and frankly, for us) to review and understand these Terms of Service, we’ve provided two versions: one is what we call Legal Language – you know, how lawyers speak, and the other is our Normal Language or plain-English attempt to summarize the key points from the Legal Language provided by our friends, the lawyers.

Please bear in mind however, that the wording within the Legal Language is the only one that binds, and are the only terms upon which we can offer - and upon which you can accept - our services. Our Normal Language or plain-English summaries are for convenience only and are not intended to control or affect the meaning or construction of any of the Legal Language provisions of these Terms of Service, and in the event of any conflict between the two, The Legal Language wins (it helps our lawyers sleep better at night).

ACCEPTANCE OF TERMS

Legal Language – Thank you for visiting Beast-Skincare.com (the "Site"), which is operated by Outlier Holdings LLC, DBA Beast Data-Driven Skin Care and its subsidiaries and affiliates (collectively, "Outlier Holdings" or "Beast" or "we" or "us" or "our"). These Terms of Service and our Privacy Policy (the "Terms") form a binding agreement between you and Outlier Holdings. By (a) using the Site and/or (b) purchasing and/or using the products and/or services provided on the Site (together, the "Products"), and/or (c) providing your personal information to Outlier Holdings, you signify your acknowledgement and agreement to these Terms, whether or not you register for an account with Outlier Holdings through the Site (an "Account"). If you do not agree with any provision in these Terms, please do not use the Site, purchase or use the Products, provide your personal information to Outlier Holdings, or register for an Account. These Terms do not apply to websites or applications that display or link to different terms of service. Please review these Terms, which govern your use of the Site carefully, so you understand how we operate this Site. BY USING THIS SITE (EVEN IF YOU ARE JUST VISITING), YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE OR ACCESS THIS SITE.

From time to time, you may be asked to provide certain personal information to us. Your personal information will be collected, used and disclosed by us in accordance with Outlier Holdings’ Privacy Policy. To the extent there is an inconsistency between these Terms and the Outlier Holdings Privacy Policy, these Terms shall govern. You can view our Privacy Policy here.

Normal Language – If you don’t like what you read below (or in our Privacy Policy), don’t use the Site. We will miss you.

NO MEDICAL ADVICE

Legal Language – We do not give medical advice on our Site, and you should not rely on any of the information on our Site as if it were personal medical advice. The contents of the Site, such as text, graphics, images, and information and material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be, and is not, a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding any medical condition. You should never disregard professional medical advice or delay seeking it because of something you have read or seen on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Outlier Holdings does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Content on the Site is being provided "as is" and reliance on any information provided by Outlier Holdings, Outlier Holdings employees, others appearing on the Site at the invitation of Outlier Holdings, or other visitors to the Site is solely at your own risk.

Normal Language – We do not provide medical advice. If you seek medical advice, please go see a doctor.

REPRESENTATIONS AND WARRANTIES OF USERS

Legal Language – You represent and warrant to Outlier Holdings that all information you provide to Outlier Holdings is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete as long as you are using the Site. If we have reasonable grounds to suspect that such information is not true, accurate, current or complete, we may deny or terminate your access to the Site (or any portion thereof) in our sole discretion, subject to compliance with any notice or waiting period provided by applicable law.

Normal Language – Garbage in. Garbage out. If the information you provide to us is not accurate, the information we provide to you will not be accurate. Nobody wins.

RULES OF CONDUCT

Legal Language – When accessing or using the Site, you agree that, in addition to any other terms, rules or guidelines that may be included in these Terms or elsewhere on the Site, you agree that you will not undertake the following actions, each of which shall constitute a material breach of these Terms:

  • Use of offensive or abusive language when using the Site.
  • Share your Outlier Holdings Account or any information related thereto, including your password, with any other persons. You are responsible for maintaining the confidentiality of your Account and for all activities that occur under your Account, including any use by others who obtain access to your Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security. You may not use the Account of any other Outlier Holdings user at any time.
  • Attempt to: (a) infringe the patent, trademark, trade secret, copyright, or other intellectual property or other rights of another person, (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, (c) reverse engineer, disassemble, decompile, or translate any components of the Site, attempt to derive the source code of any components of the Site, or authorize or assist any third party to do any of the foregoing, (d) modify, copy or make derivative works based on any part of the Site or any underlying software, technology or other information, including any printed materials of the same, (e) use any robot, spider, or other such programmatic or automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, or (f) systematically collect or use any content from the Site, including through the use of any data mining, or similar data gathering and extraction methods.
  • Attempt to: (a) disrupt or interfere in any manner with the operation of the Site, or the hardware or network used to operate the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, (b) allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication, (c) upload or otherwise spread any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment, (d) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Site, (e) use any high volume, automated, or electronic means to access the Site (including, without limitation, robots, spiders or scripts), or (f) create Internet "links" to or from the Site, or "frame" or "mirror" any Outlier Holdings content which forms part of the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
  • Attempt to (a) disrupt, interfere with, or inhibit any other person from using the Site or other affiliated or linked websites, material, contents, products and/or services, (b) create a false identity for the purpose of misleading others, (c) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party, or (d) distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any of your rights under these Terms or otherwise use the Site for the benefit of a third party.
  • Use the Site: (a) to violate any local, state, national or international law, rule or regulation, (b) in a manner that is harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful, or abusive, (c) to collect or store personal data about other users, (d) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, or (e) in any manner that exceeds the scope and purpose of use granted above.
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Outlier Holdings, exposes Outlier Holdings or any of its customers, servicers or suppliers to any liability, loss or damage of any type.

Normal Language – Treat the Site as if it were your own and please, don’t break the rules or do anything stupid.

CHILDREN AND PERSONS UNDER THE AGE OF 18

Legal Language – This Site is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13. Please do not register at or use this Site if you are under the age of 13.

Further, persons between the ages of 13 and 18 may not use the Site or the Products unless Outlier Holdings has authorization from the parent or legal guardian of such individual. A parent or legal guardian of a person under the age of 18 may prohibit such individual's use of the Site. If you are the parent or legal guardian of an individual under the age of 18 and believe your child has used the Site without your consent or authorization, please contact us at support@beast-skincare.com.

Normal Language – If you are under 13 years old, you may not use the Site. Sorry. If you are between 13 and 18 years old, make sure mom, dad or your legal guardian(s) are aware that you are using the Site. And please, clean your room!

THIRD PARTY CONTENT AND MONITORING

Legal Language – Third parties may offer and provide products and services on or through the Site. Except for Outlier Holdings branded information, products or services that are identified as being offered by Outlier Holdings, Outlier Holdings does not operate, control, or endorse any information, products, or services on the Site or accessible through the Site in any way. Outlier Holdings is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. If you provide any personal information through any such third party website, your transaction will occur on such third party's website and the personal information you provide will be collected by, and controlled by the privacy policy of, that third party. Your use of third-party websites is at your own risk and subject to the terms of service of use for such sites.

Normal Language – For your benefit, we may provide links to other websites. We are not responsible for content or information you may or may not find on these other websites.

INTELLECTUAL PROPERTY

Legal Language – The software, code, proprietary methods, processes, systems and content used to operate the Site (collectively, the "Intellectual Property") are (1) copyrighted by Outlier Holdings and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) the exclusive property of Outlier Holdings or its applicable licensors. The Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written consent or the prior written consent of our licensors, as applicable. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Intellectual Property and you may not remove or alter any such notice, information or restriction. Your use of the Site and the Intellectual Property must at all times comply with these Terms. Nothing in these Terms, your relationship with Outlier Holdings, or your use of the Site shall grant you any right to the Intellectual Property except the limited license to use the Site in accordance with these Terms.

Certain of the names, logos, and other materials displayed on the Site may constitute trademarks, trade names, service marks, or logos (collectively, the "Marks") of Outlier Holdings or other parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other parties, as applicable.

Normal Language – We’ve worked very hard making this Site awesome for you. It belongs to us and we don’t like it when our property is shared, altered or sold without us knowing about it first. Kinda like taking your father’s classic car for a cross-country road trip with the guys, changing the car color to hot pink (from it’s original fireball red), hanging deer-antlers to the hood and selling it to the highest bidder only for your father to see it posted on an auction site a few days later. All this, without asking for his permission!

TERMINATION

Legal Language – You may delete your Account at any time, for any reason, by sending an email to support@beast-skincare.com. Outlier Holdings may terminate your Account and/or the limited license to use the Site granted to you under these Terms, at any time, for any reason or no reason. Certain provisions of these Terms will survive the expiration or earlier termination of the agreement pursuant to these Terms for any reason. Our (and our licensors') proprietary rights (including any and all intellectual property rights) in and to the Intellectual Property, the Marks and the Site will survive the expiration or earlier termination of the agreement pursuant to these Terms for any reason.

Without limiting any rights which Outlier Holdings may otherwise have, Outlier Holdings reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account, including, without limitation, terminating or changing your Account, or requesting additional information to authorize transactions on your Account.

We reserve the right to discontinue the Site with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Site.

Any termination or discontinuance of the Site pursuant to the provisions set forth in this section shall be subject to compliance with any notice or waiting period provided by applicable law.

Normal Language – Although we may miss each other, you and us are free to leave, anytime, for any reason. Don’t you wish all relationships were this easy!

DISCLAIMER OF WARRANTIES

Legal Language – USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK. THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OUTLIER HOLDINGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. OUTLIER HOLDINGS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES OUTLIER HOLDINGS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUTLIER HOLDINGS OR THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

OUTLIER HOLDINGS DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE SITE ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. OUTLIER HOLDINGS IS NOT RESPONSIBLE FOR the INTERNET, DATA BANDWITH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. OUTLIER HOLDINGS MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES OR ALL TERRITORIES WITHIN the UNITED STATES. OUTLIER HOLDINGS MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL OUTLIER HOLDINGS BE HELD LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THE SITE OR YOUR ACCOUNT.

Outlier Holdings does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging of any kind depicted or described on the Site will match the actual product that you receive.

Normal Language – We try our very best and stand behind our Product. However, you never know what sort of madness goes on that is well beyond our control (like controlling the internet).

LIMITATION OF LIABILITY

Legal Language – TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OUTLIER HOLDINGS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE PRODUCTS, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND/OR PRODUCTS. THE AGGREGATE LIABILITY OF OUTLIER HOLDINGS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE AND/OR PRODUCTS IS LIMITED TO THE LESSER OF (I) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO OUTLIER HOLDINGS OR (II) U.S. $100.00 (ONE HUNDRED U.S. DOLLARS).

Normal Language – The sky is not the limit.

INDEMNIFICATION AND RELEASE

Legal Language – You agree to indemnify, defend and hold harmless Outlier Holdings and its officers, directors, employees, consultants, representatives and agents, and other users and visitors of the Site, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising out of or related to (a) any information you submit, post or transmit through the Site, (b) your use of the Site and/or Products, (c) your violation of any provision of these Terms, (d) your violation of any rights of any other person or entity, or (e) any viruses, Trojan horses, worms, time-bombs, cancel-bots or other similar harmful or deleterious programming routines input by you into the Site.

You hereby release Outlier Holdings, its officers, directors, employees, consultants, representatives and agents from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site or the Products.

Normal Language – If we get sued because of something you did (or are accused of doing), we reserve the right to seek indemnification from you. Of course, there’s a simple way to avoid this: don’t do anything that would get you (or us) in trouble in the first place.

JURISDICTINAL ISSUES

Legal Language – Outlier Holdings is based in and has its principal offices in Minneapolis, Minnesota. Outlier Holdings makes no claims that the Site and/or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with Outlier Holdings, or in any way relating to your use of the Site, resides in the courts of the State of Minnesota and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Minnesota in Henneppin County in connection with any such dispute including any claim involving Outlier Holdings or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, servicers and/or content providers.

The validity, interpretation, construction and performance of these Terms are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles that may dictate the application of the laws of another jurisdiction. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Normal Language – In case there is a dispute, the place to resolve it (and law under which it’s resolved) is Minnesota. Minnesota is a wonderful place, yes, even in the winter. It’s not such a wonderful place when you’re suing (or being sued).

ASSIGNMENT

Legal Language – If Outlier Holdings or its assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, Outlier Holdings may transfer, sell or assign to third parties rights related to your relationship with Outlier Holdings, including, without limitation, your Account and any personal information that you provide or that has been provided on your behalf to Outlier Holdings. Such third parties will assume (a) responsibility for your relationship with Outlier Holdings, (b) information collected by Outlier Holdings in connection with Outlier Holdings’ business operations or through the Site, and (c) the rights and obligations regarding such information as described in these Terms. These Terms shall be binding upon and inure to the benefit of Outlier Holdings’ successors or assigns. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void.

Normal Language – We expect to be around for a long time, but in the event the business ceases to operate (or if the business gets acquired), the rights to the information you have provided may be assigned to a third party.

ENTIRE AGREEMENT AND AMENDMENTS

Legal Language – In order to participate in certain aspects of the Site or receive certain Products, you may be required to agree to additional terms and conditions as posted on the Site (the "Additional Terms"), which are hereby incorporated into these Terms. To the extent there is a conflict between the provisions in these Terms and the Additional Terms, the latter shall have precedence. The current version of these Terms, including, without limitation, the Additional Terms, constitute the entire and exclusive and final agreement between you and Outlier Holdings with respect to the subject matter hereof, and governs your access and use of the Site, superseding any and all prior or contemporaneous agreements or arrangements between you and Outlier Holdings with respect to the subject matter hereof, whether written or oral.

We reserve the right to amend, modify, add, delete or update the terms of these Terms, including, without limitation, the Additional Terms, at any time in our sole discretion, as long as such changes are in compliance with applicable law. If we change the terms of these Terms, we will post the new Terms on the Site and you agree that such postings constitute notice of the new Terms to you. We recommend that you read these Terms each time you use the Site. If you object to any changes to these Terms, your sole recourse will be to cease using the Site and/or Products. Your continued access to and usage of the Site and/or Products signifies your acknowledgement and acceptance of any such changes to these Terms and agreement to be bound thereby.

Normal Language – These Terms may change and even multiply (like rabbits) from time to time as our business evolves. The latest and greatest Terms (rabbits and all) will be posted on our Site.

INFRINGING MATERIAL

Legal Language – If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting us using the information in the "Contact Us" Section below, and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
  • Your name, address, telephone number and (if available) e-mail address;
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf;
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Normal Language – If you believe that Content on our Site is infringing on your copyright, please let us know.

CONTACT US

Legal Language – Questions and/or comments regarding the Terms to this Site should be submitted via email to: legal@beast-skincare.com.

Normal Language – Please read the Legal Language.