Terms and Conditions of Use
Updated June 25, 2021
Effective Date: January 2010
Halogent, LLC. d/b/a Exposed Skin Care (“Exposed”)
By accessing and our Website, the user (“You”) agree to these Terms. If you do not agree to these Terms you may not use this site.
Exposed reserves the right, at any time, to modify, alter or update these Terms, and You agree to be bound by such modifications, alterations or updates.
You must be 18 years of age or older to use exposedskincare.com.
Exposed grants you permission to access our Website for the sole purpose of ordering our products. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of our Website is strictly prohibited.
Exposed exclusively retains all property rights in all content found on our Website, such as text, graphics, logos, button icons, images, audio clips, and software, as well as, the collection or arrangement of this content . This content is protected by U.S. and international copyright laws.
Exposed exclusively retains all property rights in all trademarks, logos, service marks and trade names displayed on our Website.
You may not reproduce, modify, distribute, transmit, republish, display or use the content of our Website for any purpose other than to purchase Exposed’s products.
User’s Testimonials and Before/After Photos
If You submit any comments, testimonials, or photos to Exposed (“Customer Submissions”), You:
– grant to Exposed a non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit your Customer Submissions in any manner and for any purpose;
– acknowledge all Customer Submissions are non-confidential and non-proprietary;
– You represent and warrant that you own all Customer Submissions that you send to Exposed and if Exposed chooses to display Your Customer Submission, it does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of You or any other person or entity.
Links to Other Web Sites
This Website may contain links to other websites. Exposed does not assume any responsibility for these sites, including their content, and does not endorse or recommend their products or services.
Exposed Membership (recurring subscription) and Cancellations
If You order with Exposed Membership, you are selecting a recurring billing subscription, where You will receive a new kit approximately every 60 days. You are able to cancel by contacting Exposed customer care at 1-866-404-7656, 8am – 4pm Pacific Time, M-F.
If You are part of our Monthly installment program, You will be billed in two monthly installments for each acne kit shipped. Each kit will be shipped every two months unless your membership is canceled. To cancel Your Exposed Membership, You must:
1. first pay in full for all kits that have been shipped
2. and, then contact Exposed customer care at 1-866-404-7656
8am – 4pm Pacific Time, M-F to process Your cancellation.
Refunds and Return Policy
Exposed Skin Care offers a full year (365day) refund policy on your first kit. Subsequent orders are returnable for 30days from date of order if items are unopened and in sellable condition, and are subject to a 10% restocking fee. For your first kit, you may use the entire product and return only the items empty. If you are unsatisfied with your first kit, initiate a Return Merchandise Authorization process (https://www.exposedskincare.com/customer-care/returns/), fill out the RMA form and send it back with your items to:
Exposed Skin Care
79 S. Horton St
Seattle, WA 98134
This offer is limited to one (1) kit per household.
In all circumstances, Initiating a credit card chargeback will void the refund policy, including the 1 year guarantee.
Subsequent kits and other products must be received in new condition, unopened within 30 days from the date we shipped them to you for a full refund, less shipping and handling.
Processing times for refunds to debit, credit cards and bank accounts vary
depending on your financial institution. Please allow up to 60 days for the credit to be applied to your original form of payment.
Products must be received by Exposed to qualify for the Refund and as such, we recommend tracking packages you send back to us. Please make sure you fill out and attached a RMA for with your return so we are able to process the refund.
Caution for returning international orders: Shipments marked “return to sender” or “refused” are seldom delivered to Exposed Skin Care and as such we are not able to refund such orders.
Product Pricing and Currency Exchange Rates
The prices displayed on our Website are quoted in U.S. dollars. Please be aware that local currency values vary and thus, exchange rates between the US dollar and other currencies also vary. Exposed has absolutely no control over any currency exchange rate; this rate is set solely by your bank, credit card, or other financial institution. If You purchase Exposed products using funds denominated in a foreign currency, Exposed will charge You the price in U.S. dollars. The amount of foreign currency funds your financial institution charges You for Your purchase is solely determined by that financial institution, and not in anyway by Exposed.
Please check with your financial institution to find your exact currency exchange rate to determine the actual current price of Exposed products in your local currency or with other questions before ordering Exposed’s products.
Delays in Receiving Orders
Here at Exposed we value our customers above all else and are dedicated to not only providing you with the very best acne treatment, but also exceptional customer service. However, seldom, things happen that are out of our control, these problems range from natural disasters to delays caused by occasional problems in the course of our business. If these rare events do occur, please be aware that you may experience a slight delay in receiving Your products. Our promise to you is we will do everything feasible to get your products to you as quickly as possible.
International Legal Compliance
All of our products are produced to meet the highest standards and comply fully with all U.S. Federal Drug Administration regulations and other laws here in the United States. However, please be aware that Exposed is not responsible for compliance with any laws outside the United States. You, as the purchaser, are solely responsible for complying with all laws in your home nation and local jurisdiction. You are also solely responsible for paying and complying with all customs, duties, and other taxes incurred by ordering Exposed’s products to be shipped into your home nation.
Risk of Loss
Exposed shall bear the risk of loss for all products only until the shipping company confirms that the ordered product was delivered to the shipping address You provided when ordering the product. At that point the entire risk of loss passes to You, the customer.
Resolution of Legal Disputes or Claims
If You have any problem or dispute, whatsoever, involving Exposed, You agree to follow the 2-step resolution process explained below:
Step 1 Mandatory Pre-Arbitration Procedures: You agree that before initiating any legal action against Exposed, you will:
• send Exposed a written description of your problem or dispute and explanation of how Exposed can resolve it, with the subject line: “ATTENTION GENERAL COUNSEL”, via the “Contact Us” page on our Website (https://www.exposedskincare.com/customer-care/)
• wait 60 days from the date of Your written submission so that Exposed may work on resolving your problem or dispute before You file for arbitration, as explained below.
Step 2 Mandatory Arbitration: You agree that, after following the Mandatory Pre-arbitration Procedures, explained above, all claims, disputes or controversies shall be resolved by final and binding arbitration in the County of King, State of Washington, U.S.A. You acknowledge that You are foregoing any rights to litigate claims in a court or before a jury. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS arbitration rules. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in the underlying legal action. The arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction.
Waiver of Right to Class Action
You agree to waive Your right to join or consolidate Your legal claims as part of a class action law suit and to arbitrate any claim as a representative or member of a class. Further, in any such dispute, under no circumstances will You be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys’ fees and costs), other than actual out-of-pocket expenses and further waive all rights to have damages multiplied or increased.
The information, services, and products on our Website are offered on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPOSED DISCLAIMs ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Also, Exposed does not represent or warrant that the information accessible via our Website is accurate, complete or current. Price and availability information is subject to change without notice.
Limitation of Liability
IN NO EVENT SHALL EXPOSED BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR ANY LEGAL CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USE, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OUR WEBSITE. EXPOSED’S LEGAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EXPOSED FOR EXPOSED’S PRODUCTS. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy.
Governing Law and Jurisdiction
English is the authoritative text of this Agreement, and all communications and proceedings must be conducted in English. If this Agreement is translated, then the English language version will control. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of laws principle. The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
If any of the provisions of these Terms are held to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and the rest of the Terms shall still be enforced as written.
These Terms and Conditions were last updated on 2/1/2020