Our Terms of Service

Terms of Use

UPDATED: March 30, 2020

BEFORE USING THIS WEB SITE (THE “WEBSITE”), PLEASE READ THESE TERMS OF USE CAREFULLY. BY CONTINUING TO USE THIS WEBSITE YOU ACCEPT THESE TERMS OF USE.

This Terms of Use Policy applies to your (“the individual”) use of the www.fath.co website and its mobile applications, which are owned and operated by Appleton Skincare, LLC. By accessing this website, fath.co, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the website fath.co. We recommend that you keep a printed copy of these Terms of Use for future reference.

Intellectual Property Ownership and Use

Please be aware that as you visit and navigate this website, your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. For International Website Users: The website is hosted in the United States and is intended for and directed to users in the United States. By using this website you are subjecting yourself to the laws and jurisdiction of the United States.

Trademarks

You may not use any of the FaTH by Faith Appleton trademarks without our prior written permission. Trademarks include the FaTH by Faith Appleton name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of FaTH by Faith Appleton products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Copyright

All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, as well as the software used to create them, are owned or licensed by FaTH by Faith Appleton and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.

Non-Confidential Information

Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

User Generated Content and Third Party Content
The Website may provide you with the opportunity to submit, post, or display content, such as comments, feedback, suggestions, ideas, opinions, messages, photos, images, text, materials, information, data, notes, graphics, designs, or any other communications or content (collectively, “Content”). By submitting Content on the Website, you represent that: (i) you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the Content that you submit; (ii) you have permission from all persons appearing in your Content to grant the rights granted herein; (iii) the use of the Content as described herein will not violate any law or the rights of any third party; (iv) you are above the age of 16; (v) if your Content shows a child that is under the age of majority in their state or locality of residence, you represent that you have written permission from the child's parent or guardian to provide the photo or video image for commercial use.

Submitting Content to the Website means that you automatically grant FaTH by Faith Appleton, and its third-party service providers and vendors, a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid right and license to use that Content and your image, likeness, username, real name, caption, location or other identifying information in connection with your Content, for any lawful purpose whatsoever, including but not limited to any commercial advertising, in any manner or media now or later developed, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that Content to third parties for their lawful uses and purposes. Subject to applicable laws, you waive any moral rights that you or your licensors may have in any Content. FaTH by Faith Appleton is under no obligation to post or publish any Content that you may provide.

By displaying, publishing, or posting any User Content on or through the Site or its Mobile Applications, you grant FaTH by Faith Appleton a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now or hereinafter developed without the requirement to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content. You may continue to retain all ownership rights in your User Content, and represent and warrant that you own the content submitted and have the right to grant the license set forth herein.

Although third-party or user-generated Content may be posted on the Website, the posting of such Content does not constitute FaTH by Faith Appleton’s endorsement of the Content. FaTH by Faith Appleton is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Content.

While visiting our Website, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any website you may access through the Website.

Prohibited Uses
In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website or any Content for reasons including but not limited to the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Websites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Websites, other websites, or the Internet. This list is in no way exhaustive. We reserve the right to terminate your use of the Websites for violating any prohibited uses.

Errors and Inaccuracies
We always try to provide complete, accurate, up-to-date information on our Website. Despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to the Website, their content, or the information available on or through the Website; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of the Website or any other site linked to the Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. Your use of the Website is undertaken at your own risk. Additionally, information on this website has not been evaluated by the Food & Drug Administration or any other medical body and does not claim to diagnose, treat, cure or prevent any illness or disease. Information is for educational purposes only. You must consult your doctor before acting on any content on this website, especially if you are pregnant, nursing, taking medication, or have a medical condition.

Applicable Law
By visiting our Website, you agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and FaTH by Faith Appleton or any of its agents, employees, predecessors in interest, successors and assigns regarding your visit to and use of our Website, as well as regarding any and all disputes or claims relating in any way to the Privacy Policy, these Terms of Use, or to any products or services sold or distributed by us or through our Website.