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SHIPPING & RETURNS

SHIPPING

Standard shipping anywhere in the contiguous US is just $5. Standard, flat rate shipping includes handling charges and is per order. Items are shipped directly from Texas and should arrive to you within 4-7 business days from the receipt of your order. Standard shipping to Alaska and Hawaii is $10 and will arrive to you within 6-10 business days. If an item is out of stock, we will certainly inform you when it will be available. You will receive an order confirmation and shipping confirmation email. Express shipping anywhere in the contiguous US is $15. Express shipping is not available for Alaska and Hawaii. Express rate shipping includes handling charges and is per order. Items are shipped directly from Texas and will arrive to you within 3-5 business days from the receipt of your order. Express shipping must contain a physical address as we cannot express ship to P.O. Boxes. You will receive an order confirmation and shipping confirmation email. Individual orders over $39 will receive FREE standard shipping.

SALES TAX

The amount of sales tax charged depends on a variety of factors including the sales price, the type of items purchased, and the shipping destination. If shipping within Texas, the Texas state sales tax applies. We do not collect sales or use tax in states other than Texas. In some states your purchase may be subject to state use tax unless it is exempt from taxation and may not be exempt just because it was made over the internet. The applicable states require each purchaser to report any purchase that was not taxed; a use tax form by state is available on the Department of Revenue website.

RETURNS

We only sell the highest quality products and we want you to be happy! We make returns and exchanges easy. Simply email us at customerservice@prepyourskin.com within 30 days of your purchased order date and include your contact information and order number. You will have the option to exchange your item or receive a refund for the amount you paid less shipping charges. Please don’t abuse the policy as it will make our hearts really sad.

MONEY BACK GUARANTEE

If you are not completely satisfied with any of your purchased products from PREP, simply return the unused portion within 45 days from receipt date for a full refund, less any shipping costs. You can request a refund by emailing us at hello@prepyourskin.com or by shipping your return (at your expense) to: PREP Cosmetics 6009 W Parker Rd 149-421 Plano, Texas 75093

SWEEPSTAKES RULES

PREP COSMETICS SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The purchase of any product or service will not increase your chances of winning. The PREP Cosmetics Sweepstakes (“Sweepstakes”) is void outside of the United States and wherever prohibited by law. All federal, state and local laws apply. These Official Rules are a binding agreement between you and Sponsor, as defined below, and govern your entry in the Sweepstakes. This Sweepstakes is not sponsored, endorsed or administered by, or associated with Instagram.

1. SPONSOR.

The sponsor of this Sweepstakes is PREP Cosmetics, LLC, 6009 West Parker Road, Suite #149-421, Plano, TX 75093 (“Sponsor”).

2. SWEEPSTAKES ENTRY PERIOD.

The Sweepstakes begins on November 20, 2015 at 3:00 p.m. EST and ends on November 22, 2015 at 11:59 p.m. EST (the “Promotion Period”). All entries must be received during the Promotion Period. The Sponsor’s computer is the official time keeping device for online entry into the Sweepstakes. No entries into the Sweepstakes will be accepted before or after the Promotion Period.

3. HOW TO ENTER.

  1. Follow both @littlemissmatched & @prepyourskin on Instagram.
  2. Tag your bestie in the comments section of the IG contest post during the Promotion Period.

The Sponsor assumes no responsibility for lost, late, or incomplete entries. Multiple entries does not increase your odds of winning. The name of the person submitting the Sweepstakes entry must be the authorized account holder of the Instagram profile and email address. Fraudulent entries will be deemed void in Sponsor’s sole discretion.

4. ELIGIBILITY.

The Sweepstakes is open to legal residents of the fifty (50) states of the United States of America and the District of Columbia at least 13 years of age or older as of the start of the Promotion Period. Employees of the Sponsor and any of its affiliates, advertising agencies and marketing companies, and the immediate family members (parent, child, sibling, spouse) and persons living in the same household as such individuals (whether related or not), are not eligible to enter the Sweepstakes or to win any prize resulting therefrom. The Sponsor, in its sole and absolute discretion, shall make all determinations with respect to the eligibility of all Sweepstakes participants.

5. WARRANTIES AND CONSENTS.

By completing and submitting an entry form, you: (a) represent and warrant that (i) you have read and agree to be bound by these Official Rules and any applicable policies or procedures posted by Instagram, (ii) you are eligible to participate in the Sweepstakes, and (iii) your entry does not violate any third party’s legal rights (including without limitation rights of copyright, privacy and publicity) and otherwise does not violate applicable law; (b) acknowledge that the acceptance of the Prize referred to in paragraph 8, use of the name and/or likeness of the winner for promotional purposes (whether online, in print or through any other media now known or hereafter developed) and Releases must be consented to by a parent or guardian if the winner is a minor; (c) that use of your entry is without additional compensation unless prohibited by law; (d) agree to be bound by the Sponsor’s interpretations of these Rules which are binding and final in all matters relating to the Sweepstakes; and (e) acknowledge that this Sweepstakes is not sponsored, endorsed or administered by, or associated with Instagram. Instagram® is a registered trademark of Instagram, LLC. Use of this trademark is solely to describe the sweepstakes process and not to suggest any affiliation or sponsorship with Instagram, LLC.

6. WINNER SELECTION.

One (1) winner will be selected in a random drawing from among all eligible entries received by the Sponsor no later than 48 hours after the end of the Promotion Period. The Sponsor’s decisions regarding the Sweepstakes are binding and final on all matters. The odds of winning will depend on the total number of eligible entries received.

7. WINNER NOTIFICATION; PRIZE AWARDING.

The Sponsor will notify the Winner via email within [72] hours after the end of the Promotion Period. The winner or the winner’s parent or guardian if the winner is a minor will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) (where permitted and applicable) within seven (7) days of notification to the Sponsor. By completing, signing and returning the Affidavit, the winner or the winner’s parent or guardian (i) confirms compliance with these Rules, (ii) releases and forever discharges and holds harmless the Sponsor, its affiliates, parents, and subsidiaries, and their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising or to arise by reason of the acceptance or use of the prize, and (iii) gives permission to the Sponsor, at its option, to publish or otherwise use the winner’s name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its respective advertising agencies, except where prohibited by law. The prize will be awarded by the Sponsor to the winner only on verification that all the Sweepstakes requirements have been met by the winner. The prize must be accepted as awarded and no substitution, transfer, conversion or assignment of prizes will be allowed, except upon the Sponsor’s sole discretion. The Sponsor may substitute a prize of comparable or greater value. All federal, state, and other taxes, are solely the responsibility of the winner. Prize winners will be issued an IRS form 1099. The winner grants (and agrees to confirm this grant in writing, if requested) permission for the Sponsor to use her name, photograph, likeness, statements, voice and address (city and state) on a worldwide basis, and in all forms of media, in perpetuity, without notice or further compensation except where prohibited by law. Failure of winner to comply with the above prize claim requirements for any reason, or the return of any prize notification or prize as undeliverable, or the determination that the winner is ineligible to receive a prize, may result in forfeiture of the prize and result in an alternate winner being selected in accordance with these Rules. The Sponsor is not responsible for a change in your Instagram account that renders the Sponsor unable to notify you. In the event that the prize is unable to be awarded for any reason, Sponsor in its sole discretion may select an alternate winner.

8. PRIZE.

The winner will receive two (2) everyday kits from PREP Cosmetics. Each everyday kit includes a 2 ounce purifying daily cleanser, a 2 ounce SPF 30 face+body lotion and a SPF 15 lip gloss. The winner will also receive two (2) infinity scarves and two (2) beanies from LittleMissMatched. The approximate retail value of the prize is $150.00.

9. GENERAL RULES.

By participating in this Sweepstakes, you agree to be bound by these Official Rules, the Instagram Terms of Use and Privacy Policy, and any other terms that apply to your use of Instagram and its policies and procedures. You further agree to release, indemnify, defend and hold harmless the Sponsor, Instagram, and the Sponsor’s promotion entities from and against any and all liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with your participation in the Sweepstakes, the downloading or accessing of entry materials, or the acceptance, possession or use of the prize awarded. By entering the Sweepstakes, (a) you agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules, and (2) you consent to the jurisdiction and venue of the federal, state and local courts located in Texas. You hereby waive any rights to a trial by jury in any matter arising from or pertaining to participation in the Sweepstakes. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and each participant hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, and participants further waive all rights to have damages multiplied or increased.

10. RELEASE.

By participating in this Sweepstakes, you agree to be bound by these Official Rules, the Instagram Terms of Use and Privacy Policy, and any other terms that apply to your use of Instagram and its policies and procedures. You further agree to release, indemnify, defend and hold harmless the Sponsor, Instagram, and the Sponsor’s promotion entities from and against any and all liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with your participation in the Sweepstakes, the downloading or accessing of entry materials, or the acceptance, possession or use of the prize awarded. By entering the Sweepstakes, (a) you agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules, and (2) you consent to the jurisdiction and venue of the federal, state and local courts located in Texas. You hereby waive any rights to a trial by jury in any matter arising from or pertaining to participation in the Sweepstakes. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and each participant hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, and participants further waive all rights to have damages multiplied or increased.

10. RELEASE.

You agree to release all rights to bring any claim, action or proceeding against the Sponsor or Instagram, further covenant not to sue the Sponsor or Instagram and hereby acknowledge that the Sponsor and Instagram have not made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the Prize. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and Sponsor or Instagram. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.

11. INTERNET.

You may not enter the Sweepstakes with multiple entries or use any other device or artifice to enter multiple times or as multiple registrants. Anyone who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register multiple times will be disqualified and forfeit any prize won. If for any reason the Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, fraud, technical failures, or any other cause beyond the control of the Sponsor that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any entry to be received by the Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, or for any injury or damage to your or any other person’s computer relating to or resulting from your participation in the Sweepstakes or the downloading or accessing of any materials in the Sweepstakes.

12. WINNER’S NAME.

To obtain a copy of these Official Rules or the winner’s name, which will be available after November 26, 2015, please check the Sponsor’s Facebook account page: www.facebook.com/prepcosmetics, or send a self-addressed, stamped envelope to 6009 West Parker, Suite #149-421, Plano, TX 75093.

Privacy Policy

Thank you for visiting prepyourskin.com (the “Site”), the website for PREP Cosmetics LLC (“PREP”). The purpose of this privacy policy is to inform users of the Site as to what information we collect and how and why we use such information.

DISCLOSURE REGARDING COLLECTION AND USE OF PERSONAL INFORMATION.

Through use of the Site, users may enter personal information about themselves. This policy explains our online information collection and use practices and the choices you can make about the way we use and share such information. Please take the time to read and understand this policy so that you can understand how we use your personal information. OUR ONLINE INFORMATION COLLECTION AND USE PRACTICES MAY DIFFER FROM OUR PRACTICES REGARDING INFORMATION OBTAINED OFFLINE. REMEMBER IF YOU MAKE USE OF THE SITE, REGISTER WITH THE SITE, REQUEST INFORMATION THAT THE SITE MAY OFFER, PARTICIPATE IN A SURVEY, PURCHASE SOMETHING THROUGH THE SITE, REQUEST A CATALOG, ENTER ANY OF OUR CONTESTS OR PROMOTIONS OR SUBMIT INFORMATION IN ANY WAY TO OR THROUGH THE SITE, YOU AGREE TO THESE TERMS. AS WE UPDATE AND EXPAND OUR SERVICES, THIS POLICY MIGHT CHANGE, SO REVIEW IT FROM TIME TO TIME.

THE INFORMATION WE COLLECT.

You can do a variety of things on the Site. You may be able to order products, enter contests, participate in surveys, vote in polls, subscribe to a service, or participate in a chat room. You may have the opportunity to submit material such as text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”). We may collect personal information (i.e. information that can directly identify you or indicate where you might be contacted, including: name, address, age, date of birth, sex, grade level, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs and services) through these methods or other documents that you submit to us, transactions in which you may engage with us, or through visits that you may make to the Site. This policy applies to all personal information that we collect and maintain about our users, including any contact information (e.g., name and address), financial information (e.g., account and credit history) or identifying information (e.g., social security number, date of birth) that we may obtain in connection with providing services.

HOW WE USE YOUR PERSONAL INFORMATION.

We will use the personal information you provide online for the purpose(s) you have submitted. Examples of us using your personal information for the purpose(s) submitted include if you make a purchase, charging your credit card and shipping your purchase to you, or if you have won a contest, sending to you an email notification that you have won. In addition, we may send to you an e-mail offering products or services which we think you may be interested in or to ask you to participate in a survey. For example, we may send to you an e-mail regarding contests, special merchandise offers and announcements about products or services we offer.

HOW WE SHARE YOUR PERSONAL INFORMATION.

We will not share with third parties the personal information you provide except (a) if it is for the purpose(s) you provided it; (b) with your consent; (c) as may be required by law or as we think necessary to protect our company or others from injury (e.g. in response to a court order or subpoena, in response to a law enforcement agency request or when we believe that someone is causing (or about to cause) injury to or interference with the rights or property of another); (d) with other persons, service providers or companies with whom we contract to carry out internal site operations or our business activities (for example, sending out a product or a promotional item that you have requested on the Site or to vendors that provide technical support or other services related to the Site); and/or (e) notifying you when we make material changes to one of our subscriber agreements or this policy.

USE AND DISCLOSURE OF ANONYMOUS INFORMATION.

We may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Site. Such companies may use non-personal information (e.g.: click stream information, browser type (Internet Explorer, Google Chrome, Firefox), time and date and/or subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to make available advertisements about goods and services that such information indicates would likely be of greater interest to you. Such companies typically use a cookie or third party web beacons to collect this type of non-personal information.

COLLECTION OF INFORMATION BY OTHERS.

The Site may contain links to other websites, including links that are placed there by us, such as thirdparty advertisements or text hyperlinks. Please be aware that we are not responsible for the privacy practices of any other website. We encourage all users of the Site to be aware of when they leave the Site, and to read the privacy policies of each and every website that collects personal information. This privacy policy applies solely to information collected by the Site, through the Site. We may offer additional e-mail services or promotions that are sponsored by or co-sponsored with non-affiliated companies. Based on our agreement with them, these third parties may obtain personal information that site visitors voluntarily submit to participate in the contest, sweepstakes, or promotion. We have no control over the use of this information by these companies.

DISCUSSIONS AND COMMUNITY TOOLS.

We may, from time to time, make review lists, chat rooms, forums, message boards, blogs, newsgroups and other community tools available to you. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for us to use. For example, from time to time, we may use the content you write (including your name or screen name if you post it) for promotional purposes, in e-mail newsletters or elsewhere, and by using the Site and/or these chat rooms, forums, message boards, news groups, and other community tools, you agree that we may do so. You should exercise caution when deciding to disclose your personal information in these areas, since anyone – not just us – may access your publicly posted information. Our Commitment to Security. We believe we have in place the appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online. Whenever personal information is passed on to non-affiliated companies, to the extent practical, we require that they also have in place the appropriate safeguards. We cannot, however, guarantee that they do so. We believe we have in place the appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online. Whenever personal information is passed on to non-affiliated companies, to the extent practical, we require that they also have in place the appropriate safeguards. We cannot, however, guarantee that they do so.

INTERNATIONAL USERS.

If you are visiting the Site from a location outside of the United States, your connection will be through and to servers located in the United States, your orders placed through the Site will be fully processed in and shipped from the United States and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. IN ADDITION, IF YOU ARE LOCATED OUTSIDE THE UNITED STATES, YOU SHOULD NOTE THAT YOUR INFORMATION WILL BE TRANSFERRED TO THE UNITED STATES, THE LAWS OF WHICH MAY BE DEEMED BY OTHER COUNTRIES TO HAVE INADEQUATE DATA PROTECTION (see, for example, European Union Directive 95/46/EC of 24 October 1995, a copy of which can be found here). Users of the Site located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to and/or storage of the information in the United States of America. This policy and our legal obligations are subject to the laws of the State of New York and the United States of America, regardless of the location of any user. Any claims or complaints must be filed in the United States of America in the State of New York.

SPECIAL NOTE FOR PARENTS.

We will not knowingly accept personal information from anyone under 13 years old. If you believe that your child under 13 has gained access to the Site without your permission, please email us. We have taken commercially reasonable steps to restrict use of the Site to those who are at least 13 years old. We do not market products or services for purchase by children and all children’s products or services we market are for purchase by adults only, or with adult permission.

CHANGES TO THIS POLICY.

We will not knowingly accept personal information from anyone under 13 years old. If you believe that your child under 13 has gained access to the Site without your permission, please email us. We have taken commercially reasonable steps to restrict use of the Site to those who are at least 13 years old. We do not market products or services for purchase by children and all children’s products or services we market are for purchase by adults only, or with adult permission.

The information you provide pursuant to this privacy policy is owned by PREP Cosmetics LLC

If you have any questions or concerns about this privacy policy or about how PREP will use or share your information, you may email us at info@prepyourskin.com or contact us as follows:

PREP COSMETICS LLC

Attn: Privacy 6009 W. Parker Rd Suite #149-421 Plano, TX 75093

TERMS OF USE

Welcome to prepyourskin.com (the “Site”), the website for PREP Cosmetics LLC (“PREP”). PREP provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1. PRIVACY

Please review our Privacy Policy so that you may understand our privacy practices.

2. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

3. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

4. INTELLECTUAL PROPERTY

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of PREP, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. Except as set forth in the limited licenses below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

5. LIMITED LICENSES

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to, and you may not: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

6. YOUR OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to PREP, our affiliates, partners or licensors.

7. THIRD PARTY LINKS

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

8. SPECIAL FEATURES, FUNCTIONALITY, AND EVENTS

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

9. SUBMISSIONS

Any data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”), inquiries, feedback, suggestions, ideas or other information you provide us (together with User Content, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

10. USER CONTENT

When you transmit, upload, post, e-mail or otherwise make available User Content on the Site, you are entirely responsible for such User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

11. COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please see the DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY below with instructions on how to notify us of a claimed infringement. 12. Representations and Warranties; Limitation of LiabilityTHE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

13. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

14. DISPUTES

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Texas, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Texas. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Texas and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

15. GENERAL

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please email us at info@prepyourskin.com

16. SUBSCRIPTION PLANS

PREP Cosmetics LLC uses a third party provider to manage our subscription program and they are required to follow our terms & conditions. Your subscription will continue month-to-month and will be renewed automatically unless you cancel or we terminate it. You must cancel your membership before it renews each month in order to avoid being charged for the next month’s fees. Any terms that are materially different from those in this section will be disclosed at the time you sign up. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise noted in these Terms & Conditions, any price changes to your subscription will take effect following email notice to you. You may cancel your subscription at any time.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY

Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to info@prepyourskin.com or via mail at PREP Cosmetics LLC, 6009 W. Parker Rd #149-421 in Plano, Texas 75093 and provide the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  2. Identification of the copyrighted work(s) that you claim has been infringed;
  3. A description of the material that you claim is infringing and the location of that material on the Site;
  4. Your address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PREP THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.