LENDAVA — Terms of Use

 1. Overview

This website and online store (the “Site”) are operated by LENDAVA (“LENDAVA,” “we,” “us,” or “our”). By accessing the Site and/or purchasing from us, you agree to these Terms of Use (the “Terms”) and all policies referenced here (collectively, the “Agreement”). If you do not agree, do not use the Site.

We may update these Terms at any time by posting a revised version on this page. Your continued use of the Site means you accept the changes.

Our store is hosted by Shopify Inc., which provides the e-commerce platform we use to sell our products and services.

2. Eligibility & Your Account

You must be the age of majority in your state or country to use the Site, or have consent from a parent/guardian. You’re responsible for keeping your account credentials confidential and for all activity under your account.

 3. Acceptable Use

You may not use the Site for any unlawful or unauthorized purpose, or in a way that violates any laws or infringes any rights. You must not transmit viruses, malware, or destructive code. We may suspend or terminate access for violations.

 4. Information on the Site

We try to keep information current, but errors may occur. Content is provided for general information only and is not a substitute for professional advice. Historical information may not be current. We may change or remove content at any time.

5. Products, Pricing & Availability

Products may be available in limited quantities and only online. We strive to display colors and images accurately; actual colors can vary by screen.

Prices, descriptions, and availability can change without notice. We may limit or refuse any order (including suspected reseller orders). If we change or cancel an order, we’ll attempt to notify you using the contact details provided at checkout. We reserve the right to discontinue products at any time.

 6. Orders, Payments & Taxes

Provide current, complete, and accurate purchase and account information. You authorize us (and our payment processors) to charge the payment method you provide for your order total, including applicable taxes, duties, and shipping. You are responsible for any additional customs/duties for international shipments.

**Resale prohibited.** Purchases are for personal use only and not for resale or export without our written consent.

 7. Shipping, Risk of Loss & Title

We ship to the address you provide. Title and risk of loss pass to you upon delivery by the carrier. Delivery dates are estimates only.

 8. Returns & Exchanges

Please see our **Return Policy** (incorporated into these Terms) for eligibility, timelines, and instructions.

9. Optional Third-Party Tools & Links

We may provide access to third-party tools or link to third-party sites. These are provided “as is” and “as available.” We do not control or endorse them and are not responsible for their content, policies, or actions. Use third-party offerings at your own risk.

10. User Content (Reviews, Photos, Comments)

If you submit, post, or share content with us or the Site (e.g., reviews, photos, comments, social tags) (“User Content”), you grant LENDAVA a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, distribute, publish, and display such User Content in any media for marketing, promotion, and operation of the Site. You represent that you own or control all rights to your User Content and that it does not infringe or violate any rights or laws. We may remove User Content at our discretion.

We may, but are not obligated to, monitor, edit, or remove content we deem unlawful, offensive, defamatory, obscene, or otherwise objectionable.

11. Intellectual Property

All Site content (including text, graphics, logos, product names, photographs, video, and code) is owned by or licensed to LENDAVA and is protected by intellectual property laws. You may not copy, reproduce, sell, resell, or exploit the Site or its content without our written permission.

12. Product Safety & Medical Disclaimer

Our products are cosmetics, not drugs. They are not intended to diagnose, treat, cure, or prevent any disease. Always follow directions on the label. Discontinue use if irritation occurs and consult a healthcare professional as needed. Patch testing is recommended, especially for sensitive skin.

13. Promotions, Gifts & Samples

Promotions may be subject to additional terms. We may limit quantities, substitute items of comparable value, or end a promotion at any time. Gifts and samples are not for resale.

14. Errors & Corrections

Occasionally there may be errors or omissions related to product descriptions, pricing, availability, shipping charges, or transit times. We may correct any errors and update or cancel orders if information was inaccurate, including after an order was submitted.

15. Prohibited Uses

In addition to anything already stated, you agree not to: (a) violate any laws; (b) infringe our or others’ IP rights; (c) harass, abuse, defame, or discriminate; (d) submit false or misleading information; (e) upload malware; (f) scrape or crawl the Site without permission; (g) attempt to bypass security; or (h) engage in any activity that damages or interferes with the Site.

16. DMCA & Copyright Complaints

If you believe content on the Site infringes your copyright, please send a notice to **[hello@lendavaskin.com](mailto:hello@lendavaskin.com)** with: (i) your contact details; (ii) identification of the copyrighted work; (iii) identification/URL of the allegedly infringing content; (iv) a statement of good-faith belief that use is not authorized; (v) a statement under penalty of perjury that the information is accurate and you are authorized to act; and (vi) your physical or electronic signature.

 17. Privacy

Your submission of personal information is governed by our **Privacy Policy**, which is incorporated into these Terms.

 18. Warranty Disclaimer

THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LENDAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY. TO THE EXTENT ANY LIABILITY ARISES, OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SITE, PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LENDAVA FOR THE PRODUCT(S) AT ISSUE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD $100.

Some jurisdictions do not allow certain limitations; in that case, the limitation applies to the maximum extent permitted by law.

 20. Indemnification

You agree to indemnify and hold harmless LENDAVA and our affiliates, officers, directors, employees, and agents from any claim or demand (including reasonable attorneys’ fees) made by any third party arising out of your breach of these Terms, your misuse of the Site, or your violation of law or rights of a third party.

21. Force Majeure

We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, supply chain issues, epidemics, war, government actions, power failures, internet outages, or carrier delays.

22. Dispute Resolution; Arbitration; Class Action Waiver (U.S.)

**Please read this section carefully.** It affects your rights.

You and LENDAVA agree to resolve any dispute, claim, or controversy arising from or relating to these Terms or your use of the Site or products (collectively, “Disputes”) through **binding individual arbitration** administered by JAMS (or AAA) under its rules, rather than in court. **Jury trial and class/representative action waivers:** You and LENDAVA waive any right to a jury trial or to participate in a class, collective, or representative action.

**30-Day Opt-Out:** You may opt out of arbitration by emailing **[hello@lendavaskin.com](mailto:hello@lendavaskin.com)** within 30 days of your first purchase from us, stating your name, order number, and your wish to opt out.

This section does not apply where prohibited by law. You may assert qualifying claims in small claims court.

 23. Governing Law & Venue

These Terms are governed by the laws of the State of **[Insert State, e.g., Florida]**, without regard to conflict-of-law rules, and the laws of the United States. Subject to the arbitration provision, exclusive venue for any permitted court action will be the state or federal courts located in **[County/City, e.g., Miami-Dade County, Florida]**, and you consent to their jurisdiction.

 24. Termination

We may suspend or terminate your access at any time for any reason, including suspected violations of these Terms. Your obligations incurred before termination (e.g., payment, indemnities) will survive termination.

25. Entire Agreement; Severability; No Waiver

These Terms, together with the incorporated policies (including the Privacy Policy and Return Policy), are the entire agreement between you and LENDAVA. If any provision is unlawful or unenforceable, it will be severed, and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver.

26. Contact

Questions about these Terms: [hello@lendavaskin.com](hello@lendavaskin.com)