1. This Terms of Service Agreement (the “Agreement”) applies to all visitors and users of the Website, https://www.sanaskinstudio.com/ (the “Website”), which include related social networking platforms including but not limited to Facebook, Instagram, Pinterest, Twitter, YouTube­­­ and Tiktok. Accordingly, please read the Agreement carefully before using the Website.  If you do not agree with any of the terms of the Agreement, then please do not use the Website.

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.  Sana Skin Studio, LLC and its subsidiaries[1] (collectively, “Sana”) reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Sana believes that customer conduct violates applicable law or is harmful to the interests of Sana and its subsidiaries.

2. Eligibility. By using the Website you represent that you are at least 13 years of age.  If you are under 18 years of age but older than 13, then you represent that you have the assistance and consent of a parent or legal guardian.  By using this Website, you are solely responsible for ensuring that your use of the Website complies with all applicable law. 

3. Complete Discretion to Amend Agreement. Sana reserves the right at its sole discretion to change or amend any portion of this Agreement without notice. 

4. Complete Discretion to Terminate Access to Website. Sana reserves the right to terminate access to the Website to any user with or without cause.

5. Trademarks. The Website and all headers, custom graphics, and button icons are service marks, trademarks and/or trade dress may not be used in connection with any product or service that is not offered by Sana.   

6. Privacy Policy. Sana may collect personal identification information from users when visiting the Website, subscribing to a newsletter, filling out a forms, and in connection with other activities, services, features or resources available on the Website or related social networking platforms. Any collected data may be freely submitted or collected automatically when using the Website.  Additionally, Sana may use and/or reuse content from users who share videos and photos through the Website’s social networking platforms without any limitation. 

Sharing Pictures and Videos.  You agree that by sharing any photographs and videos through the Website and any social networking platforms that you authorize Sana to use such photographs and videos on the Website, Social Media or in any of its physical locations.   

No expectation of Privacy.  Customers and potential customers may be asked for, as appropriate, name, email address, mailing address, phone number. Customers and potential customers may visit the Website anonymously, but there is no expectation of privacy with any submitted information with the sole exception of payment information. Any personal data collected may regard third parties whose data the Customers or potential customers provides. The Customers and potential customers assume responsibility for the data of third parties published or shared through the Sana Skin Studio’s Website and declare that he or she has the right to communicate or broadcast them, thus relieving the Sana Skin Studio’s of all responsibility towards third parties.

7. Website Use. Sana owns, exclusively, all rights, title, and interest in and to the Website including all content, code, data, materials, the look and feel, design, and organization of the Website, and the compilation of the Website content, code, data, and materials (collectively, "Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Content, we have secured a license from the owner or licensor of such Content granting us the right to display it on the Website. Your use of the Website does not grant you ownership of any kind in any Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Content without Sana's prior written permission.  Nothing in the Website shall be interpreted as granting any license or use of any of Sana’s trademarks or other intellectual property.  You may not use any trademark or other intellectual property to disparage Sana or related third party.  Use of any trademark or intellectual property from Sana may only provide through written consent.

Submitted Content.  Furthermore, you represent that you will only submit content that you own or are authorized to use on the Website.  You alone are responsible for your activities on the Website.  Any submission does not have any expectation to privacy and Sana has a right to use, reproduce, communicate, share distribute, modify, or publish any content submitted on its Website without compensation to you.

Prohibited Activities on Website.  You agree that while using the Website and Sana’s Services, you will not:

• submit any content to that is false, defamatory, objectionable or otherwise illegal;
• impersonate any person or entity, whether actual or fictitious, including anyone from Sana and its affiliates;
• misrepresent your affiliation with any third party;
• attempt to gain unauthorized access to other computer systems through the Site;
• use the Website in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion;
• use the Website for purposes of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, as determined by us in our sole discretion, may harm Sana or the Website users or expose them to liability;
• Use spiders, bots or any other type of crawling or collecting technology to scrape, gather or compile information from the Website; or
• launch any third party attack, hack, penetration, denial of service attack or breach any third party website, service or internet asset.

8. Third Party Content and Third Party Websites. Sana may provide content of third parties or links to third party websites as a service to those interested in this information.  Sana does not monitor, approve or have any control over such third party content or third parties sites.  The inclusion of links to third party content or third party websites does not imply any association, relationship or link between Sana and such third party.  Furthermore, Sana does not guarantee, endorse or adopt the accuracy of any third party content or third party website.  Sana is not responsible for updating or reviewing third party content or third party sites. 

YOU USE THIRD PARTY CONTENT AND THIRD PARTY WEBSITES AT YOUR OWN RISK – THIRD PARTY CONTENT INCLUDES WITHOUT LIMITATION PRODUCT REVIEWS, RATINGS, AND OTHER MATERIAL THAT WAS ORIGINALLY POSTED ON THIRD PARTY WEBSITES.

9. Products and Services. The Products and Services may be purchased through the Website.  All prices displayed on the Website are in U.S. Dollars; please note additional charges may be applied for delivery, taxes and other incidentals.  Products and services should be used strictly in accordance with their instructions, precautions and guidelines.  Please review ingredients of products to avoid potential allergic reactions; the use of the Website is not a substitute for professional medical advice.  Please consult with your own physician or health care practitioner to address any and all medical questions, concerns and decisions regarding the treatment of a medical condition.  Sana does to give nor intend to give any answers to medical related questions and the Website does not replace any medical professional or resource. Sana does not represent itself as a physician nor does not it provide medical prescriptions.  ACCORDINGLY, IF YOU ARE IN NEED OF MEDICAL ATTENTION PLEASE REFER TO YOUR HEALTHCARE PROVIDER.

10. Payments and Billing. It is your responsibility to provide up to date payment information for all products and services purchased from Sana; Sana may use third party services to authenticate payments.  You agree to pay the entirety of any and all purchased products and/or services. You agree to pay all applicable taxes, fees and custom charges, if any. If your payment method on file fails for any reason, Sana may continually attempt to charge such payment method until payment is successful.  Sana reserves the right to cancel any orders without limitation.

11. Shipping and Delivery. At this time, Sana may ship merchandise to locations within the United States and U.S. territories, including Puerto Rico, Guam, and the US Virgin Islands at an additional cost. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

12. Sales Tax. Sana charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

13. Return Policy. Except for Gift Cards, which are final sale, you may only return or exchange products from thirty (30) days of purchase. Upon processing the returned item, Sana will refund an item within ten (10) business days to the original payment method.  Nonetheless, Sana reserves the right to change its payment procedures at any time without prior notice to you.

14. Warranties. The Content included in this Website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Website. Sana makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Website or its Content. By using this We site, you assume the risk that the Content on this Website may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.

Warranty Disclaimer.  SANA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL SANA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Services and Products provided “as is.”  The references and descriptions of products or services within the Website materials are provided "as is" without any warranty of any kind, either express or implied. Sana is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.  The descriptions of, and references to, products, services and companies on this Website are the sole responsibility of the companies providing the information ("advertisers"), and not Sana. The inclusion of material on this server does not imply any endorsement by Sana, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

Inaccuracies and Errors.  A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Sana  tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

15. Disclaimer of Liabilities. Sana will not be liable for any damages of any kind arising out of or in connection with the use of the Website or any related social networking platform.  This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

16. indemnification. You agree to defend, indemnify and hold Sana harmless from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of your misuse of the Website, violating this Agreement, your violation of any law or the rights of a third party, or any claim that any content you submitted on the Website caused damage to a third party.

17. Void Where Prohibited. Although the information on this Website is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Sana and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

18. Legal Notices. All notices from Sana may be posted on our Website and will be deemed delivered within thirty (30) days after posting. Notices to Sana must be made by first class mail to 167 NW 25th Street, Miami, FL 33127. Delivery will be deemed to have been made to Sana (5) days after the date sent.

19. No Waiver. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and Sana’s failure to assert any right or provision under this Agreement shall not be deemed a waiver.

20. Florida Law Governs.  In the event of any dispute or litigation all parties agree that Florida Law shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the Southern District of Florida. Both parties expressly waive a trial by jury.

21. Severability. The provisions of this Agreement is intended to be interpreted in a manner which makes them valid and enforceable. In the event that any provision of this Agreement is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable.  It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Sana, or alternatively, by disposition of a court of law.  If such provisions cannot under any circumstances be so modified or restricted, then they shall be excised from the Agreement without affecting the validity, legality and enforceability of any of the remaining provisions of this Agreement.

22. Entire Agreement. The Terms and Conditions constitute the entire agreement between you and Sana with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Sana with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Sana. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

23. ARBITRATION & Prohibition of Class and Non-Individualized Relief. YOU AND SANA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SANA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

If a dispute arises between you and Sana, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact us directly and indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

If you are a resident of the U.S. and have availed yourself to us as described above without satisfaction, you and Sana agree to resolve any remaining dispute arising out of or related to this Terms of Service through final and binding arbitration. This applies to all kinds of claims under any legal theory.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and Sana each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either Sana or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

The Arbitration Process:  The American Arbitration Association (AAA) will manage the arbitration between you and Sana, and AAA's rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA's rules and procedures, then we will follow these Terms instead. You can look at AAA's rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.  If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.

While most arbitrators render a verbal decision, both you and Sana have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, Sana and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.

[1] Subsidiaries shall include all current and future locations of Sana Skin Studio LLC, and therefore, include but are not limited to the following: Sana Clean Beauty, LLC (Wynnwood location), Sana Ft. Lauderdale, LLC (Fort Lauderdale location), and Sana Clean Beauty 2, LLC (Coconut Grove location).