Terms & Conditions

Please take a few minutes to review these Terms and Conditions. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them.

These Terms and Conditions May Change

Somabella Laboratories, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.

Welcome to www.Specificbeauty.com (the “Site”), a web site operated on behalf of Somabella Laboratories, LLC (“Somabella”, “us” and “our”). Please review the following basic terms and conditions (“Terms of Use”) that govern your use of the Site to view, learn about and purchase products from us. You should carefully read the Terms of Use before using the Site. You can review the most current version of the Terms of Use at any time at http://www.specificbeauty.com. By using the Site, you: (i) acknowledge that you have reviewed and agree to be bound by the current version of the Terms of Use; (ii) represent and warrant that you are at least eighteen (18) years old; and (iii) represent and warrant that you have the legal authority to accept the Terms of Use. Somabella may from time to time revise these Terms of Use(including by moving or deleting portions of, or adding to, the terms that govern your use of the Site). You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use. If you do not agree with the Terms of Use, you are not authorized to use the Site. Your use of the Site following any changes constitutes your agreement to be bound by the Terms of Use, as changed. In the case of any violation of these basic terms, Somabella reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all of your visits to and use of the Site, both now and in the future.

SITE CONTENTS

Unless otherwise noted, Somabella owns all rights, title and interest in all applicable copyrights, trademarks, trade dress or other intellectual property rights worldwide in the Site as a whole, and in all materials, including any components, text, images, audio, video, illustrations, designs, icons, photographs, and written and other content that appear as part of this Site. No right, title or interest in any downloaded content, materials or software is transferred to you as a result of any such downloading or copying from the Site. You may not reproduce (except for your personal use), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of the Site, without Somabella’s prior written consent in its sole discretion.

PASSWORDS AND SECURITY; USE OF SITE

Use of the Site is voluntary. You may choose not to use the Site and you may choose not to register as a registered user if such option is available. The login and password are provided for the use of the registered user only and are not transferable. If you have received a login and password that belong to another person, you are not authorized to use that login account and we request that you notify Somabella of the misdirected login information. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at Somabella’s sole discretion, in cancellation of the registered user’s registration and other remedies, and Somabella shall have no liability to the registered user.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

The information and data that you are required to provide when using the Site to order products (“Order Information”) will not be disclosed to any third party unless required for purchasing, delivery or for other order-related purposes and in accordance with Somabella’s Privacy Policy. By transmitting or posting any communications or materials to this Site, you agree that Somabella or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. Somabella and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information. If you choose to post, transmit or otherwise provide Somabella with any comments, feedback, suggestions, ideas, and other submissions through this Site (collectively, "Comments"), you agree that Somabella or any of its affiliates may use your Comments for any purpose whatsoever and that such Comments shall be and remain Somabella’s property. Comments do not include Order Information. Your disclosure of any Comments shall also constitute an assignment to Somabella of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Somabella will own exclusively all such rights, titles and interests and shall not be limited in any way in its use of any Comments, commercial or otherwise, including for use in developing, manufacturing, distributing and marketing products. Somabella is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you or any other party any compensation for any Comments; or (3) to respond to any Comments.

You represent that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further represent that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

PROHIBITED BEHAVIOR

Although Somabella may from time to time review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Somabella is under no obligation to review or monitor such activities and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are responsible for all Comments that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting Somabella’s and third parties’ rights with respect to Comments that appears on the Site and agree not to download, email or otherwise transmit such Comments in violation of Somabella’s and third parties’ rights. You agree to use the Site solely to accommodate your own personal or business needs. You may not use or exploit any portion of the Site or the Comments to provide any commercial services, “spam” or other unsolicited communications to third parties or offer any portion of the Site to any third party. You shall not use the Site to:

• Upload, post, email, or otherwise transmit any Comments that infringe any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Comments, you represent and warrant that you have all rights to take such action with respect to the Content;
• Upload, post, email, or otherwise transmit any Comment that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive;
• Impersonate another person or entity, including without limitation, a representative of Somabella or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Comment transmitted to or through the Site;
• Use the Site for any purpose or in any manner that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
• Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect Somabella or any third party; or
• Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.

Engaging in any of the foregoing prohibited actions may result, at Somabella’s sole discretion, in cancellation of the registered user’s registration and other remedies, and Somabella shall have no liability to the registered user. Somabella will fully cooperate with any law enforcement authorities or court order requesting or directing Somabella to disclose the identity of anyone posting any such information or materials.

DISCLAIMER

Although Somabella and its suppliers use reasonable efforts to provide accurate information on the Site, Somabella makes no warranties or representations as to the accuracy of the information. Somabella may change the products and terms of purchase mentioned on the Site at any time without notice.

ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SOMABELLA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

SOMABELLA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY PRODUCT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF SOMABELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SOMABELLA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE VALUE OF THE PRODUCTS ORDERED BY YOU USING THE SITE OR $100, WHICH EVER IS LESS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

INACCURACY DISCLAIMER

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

INDEMNIFICATION

You agree to defend, indemnify and hold Somabella harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use or misuse of the Site.

MISCELLANEOUS

Unless otherwise specified and except to the extent products are offered for sale in the United States through this Site, this Site and the contents thereof are displayed solely for the purpose of promoting Somabella’s products and services available in the United States and select foreign markets. User access to this Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You agree to abide by all such laws. These Terms of Use shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of State of Florida.

LINKS

The Site may include links to other Internet sites. You acknowledge and agree that such links are provided for your convenience and Somabella does not endorse the content on any third-party websites. Somabella is not responsible for the content of linked third-party sites, sites framed within a third-party website, or third-party advertisements, and does not make any representations regarding their content or accuracy. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES.