PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.SimplyBetterSkinCare.com. The collective work includes works that are licensed to www.SimplyBetterSkinCare.com. Copyright 2024, www.SimplyBetterSkinCare.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.SimplyBetterSkinCare..com or purchasing www.SimplyBetterSkinCare.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.SimplyBetterSkinCare..com or to purchase www.SimplyBetterSkinCare..com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.SimplyBetterSkinCare.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS

All trademarks, service marks and trade names of www.SimplyBetterSkinCare.com used in the site are trademarks or registered trademarks of www.SimplyBetterSkinCare.com

WARRENTY DISCLAIMER

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.SimplyBetterSkinCare.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.SimplyBetterSkinCare.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.SimplyBetterSkinCare.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

www.SimplyBetterSkinCare.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.SimplyBetterSkinCare.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL ERRORS

In the event that a www.SimplyBetterSkinCare.com product is mistakenly listed at an incorrect price, www.SimplyBetterSkinCare.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.SimplyBetterSkinCare.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.SimplyBetterSkinCare.com shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.SimplyBetterSkinCare.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

www.SimplyBetterSkinCare.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.SimplyBetterSkinCare.com.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.SimplyBetterSkinCare.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.SimplyBetterSkinCare..com products) must be commenced within one (1) year after the claim or cause of action arises. www.SimplyBetterSkinCare.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.SimplyBetterSkinCare.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.SimplyBetterSkinCare.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

www.SimplyBetterSkinCare.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.SimplyBetterSkinCare.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.SimplyBetterSkinCare.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.SimplyBetterSkinCare.com in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless www.SimplyBetterSkinCare.com , its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, www.SimplyBetterSkinCare.com may link to sites operated by third parties. However, even if the third party is affiliated with www.SimplyBetterSkinCare.com, www.SimplyBetterSkinCare.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.SimplyBetterSkinCare.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.SimplyBetterSkinCare.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Acknowledgment

All items and policies referenced in these Terms and Conditions represent the sound understanding between you and HL concerning the Program, and overrules any other agreements, statements or representations. All users of the HL website have accepted the Terms and Conditions set forth herein.


Customer Care

For additional questions or concerns, you are welcome to contact the Simply Better Skin Care customer service team at info@SimplyBetterSkincare.com.

Reservation of Rights

Nothing in these Terms and Conditions will limit Simply Better Skin Care from exercising any legal rights or remedies that it may have.

General

Headings are for reference purposes only and do not limit the scope or extent of such section. These terms and conditions and the relationship between you and SBSC will be governed by the laws of the State of California without regard to any conflict of law provisions. You and SBSC agree to submit to the personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with these Terms and Conditions. The failure of SBSC to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign your Rewards Program status or points to any other party. 

Age Restriction: You may not use of engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must have
your parent’s or legal guardian’s permission to do so. By using or engaging with
the Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and
have your parent’s or legal guardian’s permission to use or engage with the
Platform, or are of adult age in your jurisdiction. 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, or between you and 317 LABS, INC. or any other
third-party service provider acting on Our behalf to transmit the mobile messages
within the scope of the Program, arising out of or relating to 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 Signal Hill, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association (“AAA”)
then in effect. Except as otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which HempLand® USA’s
principle place of business is located, without regard to its conflict of laws rules.
Within ten (10) calendar days after the arbitration demand is served upon a party,
the parties must jointly select an arbitrator with at least five years’ experience in
that capacity and who has knowledge of and experience with the subject matter
of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar
days, a party may petition the AAA to appoint an arbitrator, who must satisfy the
same experience requirement. In the event of a dispute, the arbitrator shall
decide the enforceability and interpretation of this arbitration agreement in
accordance with the Federal Arbitration Act (“FAA”). The parties also agree that
the AAA’s rules governing Emergency Measures of Protection shall apply in lieu
of seeking emergency injunctive relief from a court. The decision of the arbitrator
shall be final and binding, and no party shall have rights of appeal except for
those provided in section 10 of the FAA. Each party shall bear its share of the
fees paid for the arbitrator and the administration of the arbitration; however, the
arbitrator shall have the power to order one party to pay all or any portion of such
fees as part of a well-reasoned decision. The parties agree that the arbitrator
shall have the authority to award attorneys’ fees only to the extent expressly
authorized by statute or contract. 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. The parties
agree to arbitrate solely on an individual basis, and this agreement does not
permit class arbitration or any claims brought as a plaintiff or class member in
any class or representative arbitration proceeding. 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. If for any reason a dispute proceeds in court rather than in
arbitration, 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.

Miscellaneous: You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of
such obligations will place you in breach of any other contract or obligation. The
 failure of either party to exercise in any respect any right provided for herein will
not be deemed a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. Any new features,
changes, updates or improvements of the Program shall be subject to this
Agreement unless explicitly stated otherwise in writing. We reserve the right to
change this Agreement from time to time. Any updates to this Agreement shall be
communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you accept this
Agreement, as modified.24