Our Website

• Our Website is made available free of charge. We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. Access to Our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason Our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.

• You are responsible for making all arrangements necessary for you to have access to Our Website. You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms of Use and that they comply with them.

• WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.

• The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website.

Sift’s Rights

• We are the owner of all intellectual property rights in the Website and its content, the Sift name and mark, the Sift product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

• You are not granted any right to use, and may not use, any of our intellectual property rights other than as set forth in these Terms of Use. You must not use Our Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.

• No part of the Website, including, without limitation, the text, designs, graphics, photographs, and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without Our prior written consent.

• Any communications or materials you send to Us through the Website, by electronic mail, or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to purchase products from Us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing Us and our products.

Privacy Policy

By using this website, you have reviewed, understand and have agreed to the information outlined in Sift’s Privacy Policy which can be reviewed here.

Links

Viruses

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access our Website, and We recommend that you use your own virus protection software.

You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act of 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Disclaimer

The contents of this website are for informational purposes only and should never be construed as medical advice. You are advised to contact a health care professional in your area if you need medical advice. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or before starting a new skincare routine and do not disregard medical advice because of something you read on Our website or social media channels.

You are responsible for the ultimate determination as to suitability of a product for an intended application or use. Before using any product, seek medical advice. It is also advisable to test any product on a small area of skin to check for any sensitivities or allergic reaction. Should skin irritation occur, adjust the usage and if irritation persists, discontinue use and seek medical care when appropriate. We take every effort to ensure that the information on this website is correct and up to date, however we cannot guarantee the accuracy of all of the information and We accept no liability with respect to any omission or error.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local 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 Website or of any related website, 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 Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnification

You agree to indemnify, defend, and hold harmless Us, any parent companies, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms of Use. We reserve the right, at our own expense (but subject to reimbursement from you), to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Our defense of such claim.

Integration and Severability

These Terms of Use, along with the Privacy Policy and Return Policy referenced herein, constitute the entire agreement between Sift and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Us. In the event that any covenant, condition or other provision herein or therein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of these Terms of Use and shall in no way affect, impair or invalidate any other covenant, condition or other provision herein contained. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

No Waiver

Our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive Our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

Assignment

You must not assign these Terms of Use or any rights or obligations herein without the prior written consent of Company and any attempted assignment in contravention of this provision is null and void and of no force or effect. Company has the right to assign these Terms of Use, and any of its rights or obligations herein. These Terms of Use are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.

Governing Law

These Terms of Use are governed by the laws of the State of California. You and We both agree that, subject to the arbitration provisions of Section 19, the courts located in the City and County of San Francisco, State of California will have exclusive jurisdiction over any disputes.

Disputes and Arbitration

PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

• Subject to the opt-out provisions below, you and Company agree to resolve any claims relating to these Terms of Use, the Return Policy or the Privacy Policy through final and binding arbitration in San Francisco, California, except that, to the extent you or Company have in any manner violated or threatened to violate the other party’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances either you or Company may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of this website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.

• Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

• The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS in San Francisco, California. Any dispute, controversy, or claim arising out of or relating to these Terms of Use shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. The JAMS rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or We must do the following things:

  • Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com;

  • Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111; and

  • Send one copy of the Demand for Arbitration to the other party.

  • Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to San Francisco, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, We will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in the City and County of San Francisco, California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

• The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us. In any arbitration, the arbitrator will give each party a preliminary draft of the decision at least ten (10) days before the Arbitrator makes the decision final (five (5) days for a preliminary draft after any revision) so that the parties may comment upon the opinion and point out errors.

• NO CLASS ACTIONS. You and Company may only resolve disputes between you and Company on an individual basis and neither you nor Company may bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed against the other party..

• THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

• YOU CAN DECLINE THIS AGREEMENT TO ARBITRATE BY EMAILING US AT care@withsift.com AND PROVIDING THE REQUESTED INFORMATION AS FOLLOWS: (1) YOUR NAME; (2) THE URL OF THESE TERMS OF USE; (3) YOUR ADDRESS; (4) YOUR PHONE NUMBER; AND (5) A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF THIS ARBITRATION PROVISION IN THESE TERMS OF USE. THE OPT-OUT NOTICE MUST BE EMAILED NO LATER THAN 30 DAYS AFTER THE DATE YOU FIRST ACCEPT THESE TERMS OF USE BY USING THE SERVICES.

Updates to These Terms

This Terms of Use may be updated periodically and without prior notice to you. Any changes to this Terms of Use will be posted on this page. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE

USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE

YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE. Other than provided for in these Terms of Use, you may not copy, make derivative works, resell, distribute, or make any commercial use (other than to keep and share information for your own non-commercial purposes) of any content, materials, or databases from our website or systems.

Exclusive Remedy and Limitation of Liability

• Nothing in these Terms of Use excludes or limits our liability for:

  • death or personal injury caused by Our negligence;

  • fraud or fraudulent misrepresentation; and

  • any matter in respect of which it would be unlawful for Us to exclude or restrict Our liability.

• WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

  • USE OF, OR INABILITY TO USE, OUR WEBSITE; OR

  • USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.

• WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.