CREATE YOUR SKINCARE™ and BOUTIQUE SKINCARE DESIGNER™ are products and trademarks of Holistically Haute™, LLC, created by Rachael Pontillo. All content on www.createyourskincare.com/ is the copyright of Rachael Pontillo and Holistically Haute, LLC and may not be copied, redistributed, or shared in any way without written permission from the owner. All rights reserved. All trademarks referenced are property of their respective owners, are not claimed by the author nor publisher, and are used in the nominative sense.
CREATE YOUR SKINCARE and BOUTIQUE SKINCARE DESIGNER CLICK-WRAP LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY: This CREATE YOUR SKINCARE and BOUTIQUE SKINCARE DESIGNER Click-Wrap License Agreement (hereinafter “Agreement”) is a legal contract between you (either an individual or a single business entity, hereinafter referred to as “Licensee” or “User”) and Holistically Haute™, LLC/Rachael Pontillo (hereinafter “Licensor”), for the CREATE YOUR SKINCARE and BOUTIQUE SKINCARE DESIGNER course materials, including but not limited to written materials, formulas, related applications, processes, information, ideas, photos, videos, diagrams, other expressions and any and all derivative works thereof (collectively referred to as the “CYS Property”). The term “CYS Property” also includes any supplied corrections, bug fixes, enhancements, updates or other modifications created and supplied by Licensor and any user manuals or other documentation supplied by Licensor in conjunction with the CYS Property. BY CLICKING THE “ACCEPT” BUTTON BELOW, PURCHASING, OR BY DOWNLOADING, INSTALLING OR OTHERWISE PARTICIPATING IN THE CLASS OR USING THE CYS PROPERTY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE OR PARTICIPATE IN THE CLASS OR USE THE CYS PROPERTY.
1.LICENSE TERMS Grant of License. Provided that Licensee is in material compliance with the terms and conditions of this Agreement, Licensor hereby grants to Licensee, pursuant to the terms and conditions of this Agreement, a nonexclusive, nontransferable, non-sublicenseable license (hereinafter “License”) to use the CYS Property FOR PERSONAL, NON-COMMERCIAL PURPOSES ONLY. Authorized Use. Licensee shall use the CYS Property only FOR PERSONAL NON COMMERCIAL PURPOSES. Restrictions on Use. Licensee agrees to use the CYS Property only for Licensee’s own PERSONAL USE. Modifications; Reverse Engineering. Licensee agrees that only Licensor shall have the right to alter, maintain, enhance or otherwise modify the CYS Property. Licensee shall not disassemble, decompile or reverse engineer the CYS Property or attempt to do the same. Licensee shall not permit or assist any third party to disassemble, decompile or reverse engineer the CYS Property. Material Terms and Conditions. Licensee specifically agrees that each of the terms and conditions of this Section 1 are material and that failure of Licensee to comply with these terms and conditions shall constitute sufficient cause for Licensor to terminate this Agreement. The presence of this Subsection 1.e shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either Party. Reservation of Rights. Licensor hereby reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, Licensor’s right to license the CYS Property to any third party. Term of License. Unless otherwise terminated as set forth herein, the term of the License granted hereunder shall extend until the completion or termination by Licensee of the CREATE YOUR SKINCARE course and BOUTIQUE SKINCARE DESIGNER certification. Licensee may terminate this License at any time by discontinuing its use of the CYS Property. Representations by Licensee. By accepting this Agreement and/or by using the CYS Property, Licensee hereby represents and warrants that all information provided by Licensee to Licensor during the registration process for the CYS Property is true and accurate in all material respects. Should either of these representations prove false at any time, Licensor may, in Licensor’s sole discretion, immediately discontinue Licensee’s access to and disable Licensee’s use of the CYS Property without notice and without recourse by Licensee.
2.INTELLECTUAL PROPERTY RIGHTS Title. Licensee and Licensor agree that Licensor owns all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the CYS Property and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the CYS Property, whether made by Licensor or any third party. No title to the CYS Property is transferred hereby and Licensee’s rights hereunder are strictly limited as set forth herein. Transfers. Under no circumstances shall Licensee sell, license, publish, display, distribute, or otherwise transfer to a third party the CYS Property or any copy thereof, in whole or in part, without Licensor’s prior written consent.
3. WARRANTY; DISCLAIMER OF WARRANTIES Warranty. Licensor warrants to Licensee that the CYS Property will at all times substantially comply with Licensor’s then current specifications for the CYS Property. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION AND OTHER FILES ARE PROVIDED “AS IS.” HOLISTICALLY HAUTE, LLC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to Licensee. This warranty gives Licensee specific legal rights, and Licensee may also have other legal rights, which vary from jurisdiction to jurisdiction.
4.LIMITATION OF LIABILITY IN NO EVENT WILL HOLISTICALLY HAUTE, LLC OR RACHAEL PONTILLO BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR FROM ANY BREACH OF WARRANTY, EVEN IF COMPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.GENERAL PROVISIONS a.Modifications. Licensor may alter or revise the terms of this Agreement by giving Licensee thirty (30) days notice of the changes to be made. If Licensee does not agree to accept the changes, Licensee’s sole remedy shall be to discontinue Licensee’s use of the CYS Property. Governing Law/Venue/Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Pennsylvania, without regard to choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Venue and jurisdiction shall be proper only in the state of Pennsylvania and each party hereby consents to such exclusive and personal jurisdiction and venue. Termination. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, Licensor may deny access to the CYS Property and Licensee must discontinue use of the CYS Property. Severability. Except as otherwise set forth in this Agreement, the provisions of this Agreement are severable, and if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law. Complete Agreement. The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter. Waiver. Any waiver, either expressed or implied, by either party of any default by the other in the observance and performance of any of the conditions and/or covenants of duties set forth herein shall not constitute or be construed as a waiver of any subsequent or other default. Read and Understood. Licensee hereby acknowledges that it has read and understands this Agreement and agrees to be bound by its terms. Headings. The headings to the Sections and Subsections of this Agreement are included merely for convenience of reference and shall not affect the meaning of the language included therein.
6. HEALTH DISCLAIMER The information taught in CREATE YOUR SKINCARE is for informational purposes only, and is not intended to diagnose, prevent, or treat any disease or condition. Participation in CREATE YOUR SKINCARE and/or the BOUTIQUE SKINCARE DESIGN certification program does not in any way authorize the licensee to practice medicine, aesthetics, herbalism, or aromatherapy; nor does it increase the scope of practice of licensed professionals in any way.
7. EARNINGS DISCLAIMER Holistically Haute, LLC or Rachael Pontillo make no claims or promises that participating in CREATE YOUR SKINCARE or completing the BOUTIQUE SKINCARE DESIGNER certification will have any effect on the licensee’s earnings or business; nor is Holistically Haute, LLC or Rachael Pontillo responsible or liable in any way for participants’ earnings or business.
The User understands that the regular tuition of the Create Your Skincare Professional Edition is $3997 for new students. This rate may be prorated for past students who wish to upgrade their accounts and participate in the updated professional curriculum only. The User may pay the tuition in one full payment via credit card, or may pay $1000 per month for 4 months (this only applies to students in the US or Canada), or previously agreed upon payment terms between the Student and Holistically Haute/Rachael Pontillo. Users who enroll by the early bird deadline (this date is different each semester and is announced through Holistically Haute™ emails, social media, and webinars) may receive special pricing, and may qualify for alternative payment plans. Other promotional pricing may apply, and no more than one promotion is allowed at a time. Tuition and payment plans are subject to change at any time. The User is obligated to complete all payments within the time specified, otherwise access to Create Your Skincare may be revoked, late fees of $30.00 per missed payment may be charged, outstanding payments might be sent to a 3rd-party collections agency, and/or legal action might be sought. The User understands that Create Your Skincare Personal Edition is $997. A payment plan of 4 monthly payments of $267 may be used to pay for the full course (for students in the US and Canada). The User is obligated to complete all payments on time, otherwise access to Create Your Skincare may be revoked, late fees of $30.00 per missed payment may be charged, outstanding payments might be sent to a 3rd-party collections agency, and/or legal action might be sought. The User understands that the fee for the Boutique Skincare Designer exam and design critique is included in the Professional Edition tuition. If the User does not pass the first time, the User has one chance to retake the exam with a specific, assigned deadline at no additional charge. If the User still doesn’t pass, and wishes to try again, the User may do so but will be required to pay the retake fee of $297. If the User does not pass the design critique the first time, the User will be given specific action steps to work on to improve the submission, and a deadline. If the User re-submits his or her critique by the deadline, and passes, there is no additional fee. If the User still does not pass the critique, the User may retake it, but will be given a new set of case study customers to work with, a new deadline, and will need to pay a retake fee of $297. Due to the evergreen natural and immediate digital delivery of these courses, all payments are final and there are no refunds. If the User enrolls at least three (3) business days before Module 1 is released, the User may cancel enrollment within the first three (3) business days of either paying in full or making the first payment as part of the agreed payment plan, and will receive a full refund. After that, and/or after Module 1 is released, the User will begin to receive course content, and due to the digital, downloadable nature of the course materials, refunds are no longer possible. In the event of the User’s absence or withdrawal from Create Your Skincare after the first 3 business days following payment, for any reason whatsoever, the User will remain fully responsible for any unpaid balance of the tuition. The fee for the Boutique Skincare Designer exam and design critique is non-refundable. Under no circumstance will the Holistically Haute/Rachael Pontillo refund any payments made by the User. By agreeing to these Terms, the User agrees to be legally obligated to pay the full amount of this Program.
Holistically Haute, LLC takes the privacy of all Users of www.createyourskincare.com very seriously. If you opt-in to take our free skincare classes, or sign up for any of our webinars or other events that require registration, we collect your name and email address for the purpose of delivering the requested content, and then we send regular emails that contain holistic skincare tips and advice, invitations to upcoming events and promotions, or special offers that we think you might be interested in. At the bottom of every single email we send, there is an “Unsubscribe” link which will unsubscribe you from that particular mailing list.
If you have subscribed or opted in to more than one of our offers or events, or if you registered using more than one email address, there is a chance you might still receive emails from us. If you wish to be completely unsubscribed from all of our email communications, simply email us at firstname.lastname@example.org with your name and any email addresses you’ve entered on our site, and we will unsubscribe you from all lists, and delete your information completely from our database.
If you become a Create Your Skincare student, we retain your name, address, business name if you’ve provided it, and email address for the purposes of delivering your course content and other course-related communications and benefits. We also email regular holistic skincare tips and advice, invitations to upcoming events and promotions, or special offers that we think you might be interested in. At the bottom of every single email we send, there is an “Unsubscribe” link which will unsubscribe you from that particular mailing list.
We process tuition payments through ThriveCart and Stripe, and do not have any access to your payment information or accounts. Account information is encrypted within their secure systems, and is only retained for the duration of your payment plan. These systems will attempt to collect failed payments three times. Holistically Haute, LLC/Rachael Pontillo has no direct access to your credit card, bank account, or other payment accounts.
From time to time, we collaborate with other skincare, health, and wellness experts who may invite you to opt-in to a free or paid offer, event, or product of their own. Please refer to their privacy and usage policies for information on how they use your information.
We do not share or sell your information with anyone, at any time, unless compelled by law.
We only ask for personal information if it is to deliver requested material or access to an event, or a purchased product or service.
Users may opt out of receiving future correspondence from Holistically Haute at any time by clicking on Unsubscribe in emails, replying to emails with the word “unsubscribe” in the subject line, or by contacting customer service.
Contacting Holistically Haute, LLC
If you have any questions about the privacy statement, website or business practices, or your dealings with www.createyourskincare.com, you can contact Holistically Haute, LLC at the address below.
Holistically Haute, LLC
P.O. Box 397
Flourtown, PA 19031
Updated May 23, 2018