Terms of Service
Last Updated on 06/14/22. This is a binding agreement. Please read.
OAMSKIN.COM TERMS OF SERVICE AGREEMENT
These Terms apply to the OAMskin.com website (“OAM” or “Site”) and all Site visitors who access and make use of the Site at any time (“your “or “you”). You agree that by using this Site, subscribing to our newsletter, or registering for an account, you are a resident of the United States, and at least 18 years of age and agree to the terms of Service set out at that time. You should not access this Site or use our services until you have carefully read these terms and conditions of use (the “Terms”). It is your responsibility to review these Terms of Service periodically as we may revise these Terms of Service at any time without notice to you. Should you access this Site again you will be agreeing to the then current Terms of Service.
The website, www.OAMskin.com, (“Site”) is owned and operated by OAMskin, LLC (which we will refer to as “OAM”, “we”, “and us”).
LICENSE
We grant you a limited license to access and use the Site for your personal use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any merchant; or any making use of any data mining, robots or data gathering and extraction tools.
Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of OAM. You may not use any meta tags or any other "hidden text" utilizing the OAM name or trademarks without the express written consent of OAM. Any unauthorized use terminates the permission or license granted by OAM and could subject you to legal consequences.
We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected deceptive trade practices, phishing, spamming, counterfeiting, identity theft or fraud. The sale or linking of this Site or our products on or to any third-party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.
It is however permitted to make any non-commercial non-disparaging mentioning, tagging, pointing, influencing, opinion, or reporting about our Site.
POSTED AND SUBMITTED CONTENT
For any content (e.g. words, text, documents, images, photographs, audio, audiovisuals, pictorial, graphic or sculptural works, code, plans, digital works) which you post on the Site at any location or which you submit to us - we have the right to make any usage of such content and to remove any such content for any reason or no reason at all. Examples of removal include but are not limited to content which violates, or may violate, any applicable law in any country or jurisdiction, or our Terms of Service, or the removal of such content facilitates, improves or insures the protection of you or us or any other person or government from injury to a right of privacy, publicity, property, intellectual property, personal rights, or the removal of which minimizes eliminates or insures against our liability or risk of liability to you or another person or government. This includes any such action we initiate unilaterally or action which results from notice complaint warning action lawsuit or prosecution of any kind or character anywhere in the world by another. Furthermore, you agree that we shall have no liability to you of any kind or character for such actions including for damages, lost profits, disgorgement of profits, attorney fees or costs.
Guidelines for submitting ratings and reviews:
When posting product reviews or ratings, please focus on the product and your experience using it and use only your first name with the comment if you choose to use any name at all and provide constructive details on why you liked or disliked the product. We ask that you not share personal or other sensitive information, but if you choose to do so you acknowledge that it could become public without the ability to delete or revise it. Please do not use offensive, discriminatory, or abusive language and that you not solicit or otherwise post online links, email addresses, or contact information.
Any content posted or otherwise submitted to OAM by any means whether on the OAMskin.com website, through a mobile application, blog or via any form of social media (including by submitting a photograph or an image to your social media using #OAMskin, #iamOAM or other OAM branded hashtag), will be treated as not private and non-proprietary to you. By submitting content to OAM, you grant OAM a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish perform and modify such submissions with the right to use your username, real name, image, likeness, identifier, hashtag, and other personal attributes as were used in connection with any use of such content submissions. In addition, when you post photographs, reviews, or comments to OAM or on any of OAM’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. Anything you submit must not violate any right of any third party and must not contain any libelous, abusive, obscene, or otherwise unlawful material. You represent and warrant that you own or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to any content submitted to OAM. If you have any questions about this, you may submit them to email. You may also contact us by mail at:
OAMskin, LLC
4347 W Northwest Hwy Ste. 130-144
Dallas, TX 75220
INTELLECTUAL PROPERTY RIGHTS
All content, trademarks, interface features, code, and functionality on the OAMskin.com website, blog and mobile application belong exclusively to OAM, or its affiliates or is licensed by OAM from others. The use of any content or OAM trademarks or service marks, or any marks confusingly similar to the trademark or service marks without OAM’s express written consent is strictly prohibited. Such prohibition includes usage of any of OAM’s trademarks or service marks in meta tags, handles, advertising, or searchable content without OAM’s explicit prior consent.
REGISTRATION AND MEMBERSHIP
To register and create an account on our Site, complete the registration form by providing information such as your valid email address and creating a password. Personal information you provide, such as your name, email address and other information and your privacy settings on that service which you allow us to access, will be used to create your account.
Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and OAM has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
At the time of your first order on the Site, we will request your shipping and payment information. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.
As a subscriber and/or registered user of the Site, we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at email indicating that you would like to unsubscribe from marketing emails.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy. 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. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
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. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive prerecorded marketing mobile messages (SMS, MMS) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, 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.
Program Description: Without limiting the scope of the Program, users that opt-in to the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Messages may include checkout reminders.
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.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email 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.
Our 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 messages.
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.
Age Restriction: You may not use or engage with the Platform if you are under eighteen (18) years of age. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
• Any fraudulent, libelous, defamatory, scandalous, 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 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 (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us of any kind, including your registration on our OAMskin.com website (“website”), your use of our website, your purchase of goods from our website, any other access you make to our website, your relationship with us or our website, or the subject of a purported class action litigation in which you are not a member of a certified class; or between you and Klaviyo (our third party provider of email), or any third-party service provider acting on Our behalf, , including any federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas, Texas before one arbitrator.
To begin a disputed claim, you must first send a letter/email to us describing your claim to our registered agent need appropriate address, email. If we are unable to resolve it then you may then proceed to file a petition to arbitrate. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. At its conclusion the Arbitrator will issue a written finding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse you for those fees you incur if you are successful in your claim. Otherwise, neither party will recover its attorney fees and costs in arbitration or small claims court. You may choose to have the arbitration conducted by telephone, written submission, or in person, either in the county where you live, or in Los Angeles County California, as you choose.
We each agree that we waive any right to a jury trial, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, and that you will not act as a plaintiff or class member in any purported class or representative proceeding or act as a private attorney general. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. The parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Florida Law: You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: We reserve the right to change this Agreement from time to time.by an amended Terms of Service on this OAM Site at link to TOS. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to actively engage in this OAM Site, or participate in the Program, you accept this Agreement, as modified.
INTERNATIONAL ACCESS
We do not sell to or permit registration of non-US residents.
PRODUCT INFORMATION
The products displayed on the site can be ordered and delivered only within the U.S. All prices displayed on Oamskin.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Click here to see the full details on Shipping. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
All material and information presented by Company is intended to be used for personal, educational, or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure, or prevent any condition or disease, or affect the structure or function of any body part.
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 Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical-related questions. Company 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ORDERING AND PRODUCT AVAILABILITY, PAYMENTS, BILLING
All prices are posted online, or in Our email and are in US Dollars.
By placing an order on the Site, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute OAM’s acceptance of an order. We retain the right to refuse any request made by you.
Prior to OAM’s acceptance of an order, verification of information may be required. OAM reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from OAM, for any reason whatsoever. OAM reserves the right to limit the number of items ordered and to refuse service to you without prior notification. If OAM refuses an order, it will refund any payments received.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Site are subject to change at any time, and we reserve the right to make changes to them without notice to you. We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you see when you view the item for purchase depends on many factors, including your eyesight, your computer, its resolution and screen size and view settings, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change.
Please see our FAQ and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, product availability, no resale policy, and other helpful information. OAM reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by OAM as necessary.
The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
RETURNS AND EXCHANGES
Before you make a purchase, please review our current Return Policy.
We hope you love your OAM skincare routine, however if you are not completely satisfied, we accept returns on items purchased from www.oamskin.com within 30 days of the purchase date. Products must be returned in new unused condition. Original shipping and handling fees are not eligible for refund.
To initiate a return or exchange an item, please contact email with your order number, reason for return, and which products you’d like to return.
Upon receiving the returned product(s) from you, we will process any refunds due to you as soon as possible. You will be refunded in full to your original form of payment, excluding the cost of our delivery and your cost of returning the product(s) to us. If you received any promotional or other discount when you paid, your refund will only reflect the amount you paid less the delivery fees. OAM Skin is not responsible for lost returns.
We monitor returns to identify potential misuse or abuse of our return policies. We flag customers who meet our criteria for excessive returns. Customers who are flagged may be subject to our review, and revocation of standard customer return policies. We reserve the right to refuse service to anyone.
WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED AS NEW AND UNUSED, AND ON AN "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OAM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OAM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Acknowledgement Regarding Products Available on the Site
All of the products purchased from the Site should only be used in accordance with the manufacturer's instructions, precautions, and guidelines. You agree that you are using the Site and the products and services offered by the Site at your own risk. You are responsible for using any items purchased responsibly and in accordance with applicable directions for use. It is your responsibility to review the ingredients of all items and understand your tolerances to ensure that the use of these products will not cause allergic reactions or other adverse side effects.
Any gift with purchase (GWP) is available for a limited-time and while supplies last. Offer is subject to change at any time without notice.
LIMITATION OF LIABILITY
OAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, PRODUCTS SOLD ON THIS SITE OR MATERIALS ON THE SITE, EVEN IF OAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
COPYRIGHT
The work includes works that are licensed to OAM. All rights reserved.
TRADEMARKS
All trademarks, service marks and trade names of OAM on the Site are trademarks of OAM or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OAM, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.
PRIVACY
Registration data and other information about you are subject to our Privacy Policy located at link to policy -which is incorporated herein by this reference.
THIRD PARTY LINKS AND SITES
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of OAM. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party site, any website accessed from a third-party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third-party site. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site.
MISCELLANEOUS
Your use of the Site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions.
If any current or future provision of these Terms of Service is found invalid, void or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions of these Terms.
TERMINATION
These Terms of Service are applicable as stated in all of the provisions above and shall survive any expiration or termination of these Terms of Service.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email
OAMSKIN.COM TERMS OF SERVICE AGREEMENT
These Terms apply to the OAMskin.com website (“OAM” or “Site”) and all Site visitors who access and make use of the Site at any time (“your “or “you”). You agree that by using this Site, subscribing to our newsletter, or registering for an account, you are a resident of the United States, and at least 18 years of age and agree to the terms of Service set out at that time. You should not access this Site or use our services until you have carefully read these terms and conditions of use (the “Terms”). It is your responsibility to review these Terms of Service periodically as we may revise these Terms of Service at any time without notice to you. Should you access this Site again you will be agreeing to the then current Terms of Service.
The website, www.OAMskin.com, (“Site”) is owned and operated by OAMskin, LLC (which we will refer to as “OAM”, “we”, “and us”).
LICENSE
We grant you a limited license to access and use the Site for your personal use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any merchant; or any making use of any data mining, robots or data gathering and extraction tools.
Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of OAM. You may not use any meta tags or any other "hidden text" utilizing the OAM name or trademarks without the express written consent of OAM. Any unauthorized use terminates the permission or license granted by OAM and could subject you to legal consequences.
We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected deceptive trade practices, phishing, spamming, counterfeiting, identity theft or fraud. The sale or linking of this Site or our products on or to any third-party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.
It is however permitted to make any non-commercial non-disparaging mentioning, tagging, pointing, influencing, opinion, or reporting about our Site.
POSTED AND SUBMITTED CONTENT
For any content (e.g. words, text, documents, images, photographs, audio, audiovisuals, pictorial, graphic or sculptural works, code, plans, digital works) which you post on the Site at any location or which you submit to us - we have the right to make any usage of such content and to remove any such content for any reason or no reason at all. Examples of removal include but are not limited to content which violates, or may violate, any applicable law in any country or jurisdiction, or our Terms of Service, or the removal of such content facilitates, improves or insures the protection of you or us or any other person or government from injury to a right of privacy, publicity, property, intellectual property, personal rights, or the removal of which minimizes eliminates or insures against our liability or risk of liability to you or another person or government. This includes any such action we initiate unilaterally or action which results from notice complaint warning action lawsuit or prosecution of any kind or character anywhere in the world by another. Furthermore, you agree that we shall have no liability to you of any kind or character for such actions including for damages, lost profits, disgorgement of profits, attorney fees or costs.
Guidelines for submitting ratings and reviews:
When posting product reviews or ratings, please focus on the product and your experience using it and use only your first name with the comment if you choose to use any name at all and provide constructive details on why you liked or disliked the product. We ask that you not share personal or other sensitive information, but if you choose to do so you acknowledge that it could become public without the ability to delete or revise it. Please do not use offensive, discriminatory, or abusive language and that you not solicit or otherwise post online links, email addresses, or contact information.
Any content posted or otherwise submitted to OAM by any means whether on the OAMskin.com website, through a mobile application, blog or via any form of social media (including by submitting a photograph or an image to your social media using #OAMskin, #iamOAM or other OAM branded hashtag), will be treated as not private and non-proprietary to you. By submitting content to OAM, you grant OAM a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish perform and modify such submissions with the right to use your username, real name, image, likeness, identifier, hashtag, and other personal attributes as were used in connection with any use of such content submissions. In addition, when you post photographs, reviews, or comments to OAM or on any of OAM’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. Anything you submit must not violate any right of any third party and must not contain any libelous, abusive, obscene, or otherwise unlawful material. You represent and warrant that you own or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to any content submitted to OAM. If you have any questions about this, you may submit them to email. You may also contact us by mail at:
OAMskin, LLC
4347 W Northwest Hwy Ste. 130-144
Dallas, TX 75220
INTELLECTUAL PROPERTY RIGHTS
All content, trademarks, interface features, code, and functionality on the OAMskin.com website, blog and mobile application belong exclusively to OAM, or its affiliates or is licensed by OAM from others. The use of any content or OAM trademarks or service marks, or any marks confusingly similar to the trademark or service marks without OAM’s express written consent is strictly prohibited. Such prohibition includes usage of any of OAM’s trademarks or service marks in meta tags, handles, advertising, or searchable content without OAM’s explicit prior consent.
REGISTRATION AND MEMBERSHIP
To register and create an account on our Site, complete the registration form by providing information such as your valid email address and creating a password. Personal information you provide, such as your name, email address and other information and your privacy settings on that service which you allow us to access, will be used to create your account.
Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and OAM has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
At the time of your first order on the Site, we will request your shipping and payment information. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.
As a subscriber and/or registered user of the Site, we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at email indicating that you would like to unsubscribe from marketing emails.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy. 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. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
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. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive prerecorded marketing mobile messages (SMS, MMS) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, 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.
Program Description: Without limiting the scope of the Program, users that opt-in to the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Messages may include checkout reminders.
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.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email 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.
Our 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 messages.
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.
Age Restriction: You may not use or engage with the Platform if you are under eighteen (18) years of age. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
• Any fraudulent, libelous, defamatory, scandalous, 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 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 (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us of any kind, including your registration on our OAMskin.com website (“website”), your use of our website, your purchase of goods from our website, any other access you make to our website, your relationship with us or our website, or the subject of a purported class action litigation in which you are not a member of a certified class; or between you and Klaviyo (our third party provider of email), or any third-party service provider acting on Our behalf, , including any federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas, Texas before one arbitrator.
To begin a disputed claim, you must first send a letter/email to us describing your claim to our registered agent need appropriate address, email. If we are unable to resolve it then you may then proceed to file a petition to arbitrate. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. At its conclusion the Arbitrator will issue a written finding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse you for those fees you incur if you are successful in your claim. Otherwise, neither party will recover its attorney fees and costs in arbitration or small claims court. You may choose to have the arbitration conducted by telephone, written submission, or in person, either in the county where you live, or in Los Angeles County California, as you choose.
We each agree that we waive any right to a jury trial, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, and that you will not act as a plaintiff or class member in any purported class or representative proceeding or act as a private attorney general. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. The parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Florida Law: You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: We reserve the right to change this Agreement from time to time.by an amended Terms of Service on this OAM Site at link to TOS. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to actively engage in this OAM Site, or participate in the Program, you accept this Agreement, as modified.
INTERNATIONAL ACCESS
We do not sell to or permit registration of non-US residents.
PRODUCT INFORMATION
The products displayed on the site can be ordered and delivered only within the U.S. All prices displayed on Oamskin.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Click here to see the full details on Shipping. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
All material and information presented by Company is intended to be used for personal, educational, or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure, or prevent any condition or disease, or affect the structure or function of any body part.
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 Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical-related questions. Company 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ORDERING AND PRODUCT AVAILABILITY, PAYMENTS, BILLING
All prices are posted online, or in Our email and are in US Dollars.
By placing an order on the Site, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute OAM’s acceptance of an order. We retain the right to refuse any request made by you.
Prior to OAM’s acceptance of an order, verification of information may be required. OAM reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from OAM, for any reason whatsoever. OAM reserves the right to limit the number of items ordered and to refuse service to you without prior notification. If OAM refuses an order, it will refund any payments received.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Site are subject to change at any time, and we reserve the right to make changes to them without notice to you. We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you see when you view the item for purchase depends on many factors, including your eyesight, your computer, its resolution and screen size and view settings, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change.
Please see our FAQ and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, product availability, no resale policy, and other helpful information. OAM reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by OAM as necessary.
The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
RETURNS AND EXCHANGES
Before you make a purchase, please review our current Return Policy.
We hope you love your OAM skincare routine, however if you are not completely satisfied, we accept returns on items purchased from www.oamskin.com within 30 days of the purchase date. Products must be returned in new unused condition. Original shipping and handling fees are not eligible for refund.
To initiate a return or exchange an item, please contact email with your order number, reason for return, and which products you’d like to return.
Upon receiving the returned product(s) from you, we will process any refunds due to you as soon as possible. You will be refunded in full to your original form of payment, excluding the cost of our delivery and your cost of returning the product(s) to us. If you received any promotional or other discount when you paid, your refund will only reflect the amount you paid less the delivery fees. OAM Skin is not responsible for lost returns.
We monitor returns to identify potential misuse or abuse of our return policies. We flag customers who meet our criteria for excessive returns. Customers who are flagged may be subject to our review, and revocation of standard customer return policies. We reserve the right to refuse service to anyone.
WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED AS NEW AND UNUSED, AND ON AN "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OAM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OAM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Acknowledgement Regarding Products Available on the Site
All of the products purchased from the Site should only be used in accordance with the manufacturer's instructions, precautions, and guidelines. You agree that you are using the Site and the products and services offered by the Site at your own risk. You are responsible for using any items purchased responsibly and in accordance with applicable directions for use. It is your responsibility to review the ingredients of all items and understand your tolerances to ensure that the use of these products will not cause allergic reactions or other adverse side effects.
Any gift with purchase (GWP) is available for a limited-time and while supplies last. Offer is subject to change at any time without notice.
LIMITATION OF LIABILITY
OAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, PRODUCTS SOLD ON THIS SITE OR MATERIALS ON THE SITE, EVEN IF OAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
COPYRIGHT
The work includes works that are licensed to OAM. All rights reserved.
TRADEMARKS
All trademarks, service marks and trade names of OAM on the Site are trademarks of OAM or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OAM, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.
PRIVACY
Registration data and other information about you are subject to our Privacy Policy located at link to policy -which is incorporated herein by this reference.
THIRD PARTY LINKS AND SITES
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of OAM. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party site, any website accessed from a third-party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third-party site. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site.
MISCELLANEOUS
Your use of the Site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions.
If any current or future provision of these Terms of Service is found invalid, void or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions of these Terms.
TERMINATION
These Terms of Service are applicable as stated in all of the provisions above and shall survive any expiration or termination of these Terms of Service.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email