Welcome to Geologie. We want you to understand any and all of the terms, rules and restrictions that govern your use of our website(s), products, services and applications (collectively called the "Services" here). Your use of and access to our Services are subject to these terms; if you do not agree to all of the following, you may not use or access the services in any manner. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us via firstname.lastname@example.org, (917) 810-8209 or 450 Lexington Ave #4539, New York, NY 10163.
You may be required to sign up for an account, and select a password and username ("Geologie User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We cannot be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Geologie);
(b) Violates any law or regulation, including, without limitation, any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Geologie account or anyone else's (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
(h) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Geologie site or brand Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Geologie's) rights.
You understand that Geologie owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content but please remember that all the restrictions above remain in effect.
Paid Products and Services. Certain of our Services, including the purchase of any Geologie products or subscriptions offered by us, are subject to our Subscription Terms and any other payment terms that may be presented to you at the time you purchase such Services from time to time (the "Paid Services"), each of which are deemed part of these Terms. These payment terms may include recurring, automatically renewing payment obligations (as further set forth in the "Auto-Renewals and Recurring Billing" section below). If you wish to use the Services, you must pay any and all applicable fees for such Paid Services.
Auto-Renewals and Recurring Billing. Some of the Paid Services, such as the purchase of auto-replacing Geologie skincare and other beauty products, may consist of an initial period for which there is a one-time charge or a Trial Offer (defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products ("Subscription Services"). The Subscription Services may give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. More information on Subscription Services can be found at our Subscription Terms. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation. All recurring payments relating to Subscription Services are fully earned upon payment.
To change or cancel your Subscription Services at any time, go to your account settings or email us via email@example.com. If you terminate a Subscription Service, your subscription will not be renewed.
Billing. We use a third-party payment processor (our "Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for purchases. Processing of payments will be subject to the terms, conditions and privacy policies of our Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By ordering Geologie products and services, you agree to pay us, through our Payment Processor, all charges at the prices then in effect, in accordance with the applicable payment terms, and you authorize us, through our Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your Payment Method. If we, through our Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., For loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to this information can be made by emailing firstname.lastname@example.org.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of applicable sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge. Any agreement you have with your payment provider will govern your use of your Payment Method.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service (a "Trial Offer") must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us via email@example.com.
For all User Submissions, you hereby grant Geologie a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. You agree that the license you grant is royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that Geologie, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Geologie, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Geologie has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Geologie will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Geologie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Geologie is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Geologie, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Geologie may offer a recurring subscription membership for your personalized products.
If you have received free samples from us you must opt-in to the subscription service. If you purchased a sample product set or a full product set you must also opt-in to the subscription service.
Subject to our Terms & Conditions, you may cancel or modify your subscription at any time in your account settings or by emailing "cancel" to firstname.lastname@example.org
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
We are constantly trying to improve our Services, so these Terms may change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will let you know by placing a notice on the Geologie.com website, by sending you an email, and/or by other means.
If you don't agree with the new Terms, you may reject them; if you reject the new terms you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Geologie is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Geologie has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Warranties; Warranty Disclaimer. Geologie warrants to you that, when shipped to you by Geologie, Geologie's personal care and cosmetic products (i) will substantially conform in all material respects to the specifications provided by Geologie, and (ii) will not be adulterated or misbranded within the meaning of the United States Federal Food, Drug, and Cosmetic Act. Your sole and exclusive remedy for any breach of the foregoing warranties or for product defects shall be or replacement of or, at geologie's option or if replacement is impractical, refund for returned nonconforming units of product for which full documentation and proof of nonconformity is provided to geologie within three (3) months after the original nonconforming units (but not replacements) are shipped by Geologie.
Except as expressly set forth in the foregoing paragraph: (I) Neither Geologie nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services; (II) Geologie (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services; and (III) the services and content are provided by geologie (and its licensors and suppliers) without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Without limiting the generality of the foregoing, any information provided by geologie in connection with the services is provided for informational use only and does not constitute and shall not be construed as any advice or recommendations of any nature whatsoever, including but not limited to medical advice.
Limitation of Liability. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall geologie (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $500 or (ii) the amounts paid by you to geologie in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Geologie, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Geologie's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Geologie may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Geologie agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Geologie, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Geologie, and you do not have any authority of any kind to bind Geologie in any respect whatsoever.
Terms of Service
4.1 You are dealing with and providing your information to Passport. Passport is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Passport may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.
4.2 If there is an error in the price listed for a product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the product, Passport is entitled to contact you, correct the price, and/or cancel your order.
4.3 The Merchant remains responsible for handling payment for your order.
4.4 Once your payment is processed, ownership in the items will shift from Passport, to you, and, the items in your order will be provided to a carrier for shipment to you.
4.5 Passport or the Merchant will direct the carrier to ship your order to the shipping address you provided. Certain addresses will be ineligible for shipment, such as PO box addresses.
4.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
4.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
10.1 Compliance with Applicable Laws. You certify that any products purchased through a Qualifying Customer Order will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, nor It is your responsibility to know the laws of the country into which you are importing any products that you order from the Merchant’s website. By placing an Qualifying Customer Order you certify that the import of the products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
10.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
10.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms of Service at any time. Passport will ensure that the current version of these Terms of Service is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms of Service each time you make a Customer Service. If you do not agree to any change in the Terms of Service, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms of Service.
10.5 Severability. If any or any portion of these Terms of Service is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
10.6 Proceedings. Any action or proceeding arising out of or relating to these Terms of Service must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
10.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.
You and Geologie agree there are no third party beneficiaries intended under these Terms.
The effective date of these terms is 04/01/2018.