United States

TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. This web site is provided for your information, and we hope you enjoy using it. Your use of this web site constitutes your agreement with eos Products, LLC (“EOS”) to be bound by, and to act in accordance with, these terms of use (the “Terms of Use”) and the EOS Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please do not use this web site.


1. Continuing agreement.


We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the web site to keep up to date with the current Terms of Use governing your use of the web site. Your continued use of the web site after the change reaffirms your continuing agreement to the then-current Terms of Use.


2. Use of site and site materials.


You have a non-exclusive, nontransferable, limited and revocable right to use this web site solely for personal purposes. EOS owns the copyright for all of the material on the web site or has a right to use such material. EOS also owns or has a right to use all trademarks, service marks, and trade names used on this web site. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express permission of EOS. Any unauthorized use or modification of the materials on this web site is a violation of EOS’s copyright and other proprietary rights. The use of any such material on any other web site or computer network without EOS’s written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these Terms of Use, or as authorized in writing by EOS, is strictly prohibited.


3. Privacy.


For information on how EOS uses and protects the personal information you may provide on this web site, read our Privacy Policy.


4. User submitted content.


From time to time, this web site may allow users to post text, images, audio, video, links to other sites, or other content to the web site. As a consequence, you may see on this web site materials that have been submitted by individuals not affiliated with EOS. Neither EOS nor any of its affiliates endorses these individual users nor is EOS associated with any of the materials that the users may post on this web site or link to from this web site. Neither EOS nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individual users or in connection with any conduct of these individual users.


5. Submissions/postings/sample promotions.


You retain copyright and any other rights you hold in the information, data, photographs, comments, suggestions, graphics, ideas, and other information or materials you submit through this web site (“Content”). By submitting, sharing, uploading, posting or displaying the Content you give EOS a worldwide, royalty-free, and non-exclusive license for any purpose whatsoever to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, share, upload, post or display on or through the web site. This means that you acknowledge EOS’s unrestricted right to use the Content (and materials or ideas similar to the Content) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means EOS has no obligation to keep your submissions confidential.


You confirm and warrant to EOS that you have all the rights, power and authority necessary to grant the above license. You agree that you will not submit, share, upload, post or display Content on or through the web site that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the Content and to grant EOS all of the license rights granted in this Section.


EOS may, but is under no obligation to, monitor or review Content and assumes no responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. You may not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, violent, offensive, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not, while using the web site, distribute viruses or other harmful content.


6. Geographic scope of site.


This web site is controlled and operated from within the United States of America. Unless otherwise specified on or by this web site, this web site is intended to promote only those EOS products that are sold by EOS in Canada and in the United States and its territories, and EOS makes no representation that materials in this web site or the products described thereby are appropriate or available for use in other locations. All visitors to this web site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this web site.


7. Links to other sites.


For your convenience and enjoyment, this web site may provide links to other web sites and/or make available third party applications. These links and applications do not mean that EOS endorses, approves or sponsors any information available at the linked site or application, or any products that may be sold through a linked site, nor is EOS liable for any damage that might result from your use of such information or products.


8. Contents of the web site -disclaimer.


The materials in this web site (including any graphics, software, recommendations or other materials) and any materials made available through this web site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, eos disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. EOS does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. EOS undertakes no obligation to verify or maintain the currency of such information.


9. Operation of the web site - disclaimer.


EOS endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, EOS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. EOS makes no warranty that (i) the operation of the web site will meet the user’s requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not EOS) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.


10. Limitation of liability.


Under no circumstances shall eos be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the web site or information available in the web site. eos shall not be liable even if EOS or an eos authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.


11. Limitations as to paragraphs 8, 9 and 10.


Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall eos’s total liability to you for damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.


12. Indemnity


You hereby agree to indemnify, defend and hold EOS, its officers, directors, agents, affiliates, and licensors (the “Indemnified Parties”) harmless from and against any claim or liability arising out of (a) any Content you submit, share, upload, post or display on or to the web site; (b) any breach of or noncompliance with any representation, warranty or obligation in these Terms of Use or EOS’s Privacy Policy; and (c) any claim that your use or the Content you submit violates any applicable law or third party rights, including without limitation that it infringes the rights of a third party. You shall cooperate fully in the defense of any claim. EOS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Service may be irreparable; therefore, EOS is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.


13. Breach.


In the event you breach these Terms of Use, EOS may issue a warning, or may suspend, terminate, or restrict your activities on the web site. Any such action shall be taken in the sole discretion of EOS and you agree not to hold EOS responsible for any inconvenience or loss which you may incur as a result of EOS taking any of the actions described above.


14. Availability of help.


This web site may provide a Help file or other instructions for the use of this web site. However, you understand that EOS is under no obligation to provide any support for the use of the web site.


15. Applicable law; jurisdiction.


These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in court of competent jurisdiction located in New York, and you hereby accept and submit to the personal jurisdiction of such New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.


16. Severability.


If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.


17. No waiver.


No failure on the part of EOS to enforce any part of these Terms of Use shall constitute a waiver of any of EOS’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by EOS nor the reliance of any person on EOS’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of EOS shall have any legal effect whatsoever.


18. No legal effect.


The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.

PRIVACY POLICY

eos Products, LLC (“EOS”) cares about your privacy. This Privacy Policy discloses the privacy practices of EOS and its affiliated entities and their web sites, including the EOS web site (www.evolutionofsmooth.com). This Policy applies to information you may provide to us, or that we may collect on the EOS web site, offline, or through other means, including application on social networking sites.


As used in this Privacy Policy, “personal information” means any personally identifiable information such as your name, street address, telephone number, credit card information, birthday, screen name, and email address.


1. Your consent to this privacy policy


By using this web site or providing personal information to us, you signify that you agree with the terms of our current Privacy Policy as posted here. If you do not agree with any term in this Policy, please do not use this web site or provide personal information to us.

2. Collection of personal information


In general, you can visit this web site without identifying yourself or revealing any of your personal information. There are times, however, that you may choose to give us personal information.


When you register on the EOS site, or on any sites of our affiliated entities, we collect personally identifying information from you. During registration you are asked to provide your name, email address, and address. You may also be asked to provide your birthday.


In addition to registration, we may collect personally identifiable information from you online and offline when you enter for giveaways, contests, and sweepstakes (which may be done in conjunction with site registration), or if you participate in promotions or special programs.


When you provide us with personal information, you are authorizing us to use that information in accordance with the terms of this Privacy Policy.


The email address provided by you at registration, or as updated, may be used by EOS and its affiliated entities, to contact you for any reason, including: (a) reasons related to the status of your account or sending you an email confirming your registration; (b) to notify you of changes to the web site, our Terms of Use, or this Privacy Policy; (c) to invite you to participate in promotions, special offers, or user surveys or to ask for your feedback on the web site or our products; and (d) to tell you about our products, new items, or news.


3. When you use “invite-a-friend” or “e-mail-a-friend”


If you elect to inform a friend about our web site or any portion thereof, you will be asked to provide your friend’s name and e-mail address. If you invite a friend to visit our web site by contacting them through a third party social networking web site, we do not collect or store your friend’s information or your log-in information or password for the social networking web site.


If you elect to invite a friend to visit our web site by sending them an email, we will then automatically send the friend a one-time e-mail (usually including your name and email address) inviting them to visit our web site and register. We ask for the friend’s name and email address for the sole purpose of sending this one-time e-mail on your behalf. EOS and does not store this friend’s name and e-mail address. If your friend does not wish to receive “e-mail-a-friend” or “invite a friend” messages to be sent by your or on your behalf, he or she must contact you directly. Our web site users may not use our referral service to send spam to or otherwise harass others.


4. Other information we may collect online


In addition to personal information, we may collect non-personal information, such as what type of browser you use or information about your computer or IP address. We may then link this non-personal information to your personal information.


Sometimes we will use “cookies,” which are files or pieces of information that are stored by your browser on your computer’s hard drive, to collect information during your visit to our web site, such as the particular site areas you visit and the products or services you buy through our web site. We collect this information to better tailor our site and our products to your interests and needs. Cookies may also be used to help speed up your future activities at our sites. For example, a site can recognize that you have provided personal information to us and refrain from requesting the same information a second time.


EOS may also collect IP addresses for the purposes of systems administration (e.g. how many visitors logged in to our web site). An IP address is a number that is assigned to your computer automatically when you use the Internet. When you visit a particular web page of EOS or our affiliated entities, our servers log your IP address.


Finally, some of the pages you visit may use pixel tags (also called clear gifs) to collect information about your navigation on our web site. This information is used to evaluate and enhance how the web site functions.


5. Our use of your personal information


We only use the personal information you provide to help us improve our services to you, to provide you with information about our products or that you have otherwise requested, to respond to your questions, and for other internal purposes or as otherwise permitted in this Privacy Policy. Information, material, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit to us in any manner that is not “personal information” is and will be considered non-confidential and non-proprietary and the sole property of EOS (“User Communications”). EOS, each of its affiliates, and their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, and marketing in any manner whatsoever for any or all commercial or non-commercial purposes.


EOS may, but is not obligated to, monitor or review any information you provide through this web site or other means. EOS shall have no obligations to use, return, review, or respond to any requests, information, questions, material, comments, submissions, or other communications. You are prohibited from transmitting to EOS and to or from this web site any unlawful, threatening, libelous, defamatory, obscene, offensive, pornographic, or other material that would violate any law. EOS will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.


6. Third party access to your personal information


We use and disclose information about you for our own internal statistical, marketing, or operational purposes, such as to measure and understand demographic, users, user interest, purchasing and other trends among our users. We might ask a third party to perform this analysis on our behalf. We might also share personal information with third-party vendors who assist and advise us in operating our business, including advertising and promotions. In connection with the analysis and advice, we might disclose personal information about you to third parties, however, the use and disclosure of your personal information by these third parties is restricted to performance of such tasks. We require our third party vendors to keep such information confidential and to only use the information for the purpose it was provided.


We disclose personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this Privacy Policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our users’ rights, property or safety; or to protect our users from fraudulent, abusive, or unlawful use of our web site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of personal information without delay.


Information about our users, including personal information, might be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy, or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the company.


7. Privacy protection for children


In compliance with the Children's Online Privacy Protection Act (COPPA), we will not knowingly provide access to our web sites or any of our affiliated entities’ web sites to persons under the age of thirteen. If we later learn that any registered user is under the age of thirteen, we will take appropriate steps to remove that registered user’s information from our database. We will also restrict this individual from future access to EOS web site and our affiliated entities’ web sites. When kids go online, we encourage them to tell their parents about any web sites they want to join. Except where otherwise disclosed, we will not knowingly collect or use any personal information from children we know to be under the age of thirteen without obtaining express parental consent. All general information we know to be collected from users under the age of thirteen will be used by us only for in an aggregated manner.


8. Safeguarding information


EOS maintains physical and electronic safeguards to prevent access to nonpublic personal and proprietary information about our users. We also comply with all applicable state and federal privacy and nondisclosure laws and regulations. We will make a sincere effort to respond in a timely manner to your requests to correct inaccuracies in your personal information. To correct inaccuracies in your personal information please return the message containing the inaccuracies to the sender with details of the correction requested or send us an e-mail through the “Contact Us” page of this web site.


9. Links to other web sites


From time to time, this web site may contain links to other web sites, including the eos Online Store. If you use these links, you will leave this web site. The privacy policies of such other web sites govern the information collection and dissemination practices occurring on such web sites. Neither EOS nor its affiliates is responsible for the privacy practices or the content of such web sites.


10. Questions concerning this privacy policy


If you have questions regarding this Privacy Policy or wish to have your personal information corrected, please contact us through the “Contact Us” section of the web site.


11. Notification of changes


EOS may revise this Privacy Policy at any time and from time to time by updating this posting. You should visit this page from time to time to review the then-current Privacy Policy because it is binding on you. We may also email you about material changes.


12. Privacy protection policy


Although we do not collect Social Security numbers through this site, we may collect Social Security numbers in connection with our business. In accordance with applicable law, we take additional security measures in regards to our collection, storage, and disposal of Social Security numbers. First, we take what we believe to be reasonable physical, electronic, and procedural safeguards to protect the confidentiality of Social Security numbers. Second, we limit access to Social Security numbers to only those persons with a legitimate business purpose. Third, we provide appropriate training to employees and prohibit the unlawful disclosure of Social Security numbers. Finally, we protect the confidentiality of Social Security numbers by using data encryption and secure data storage procedures and destroying, erasing, or making unreadable Social Security numbers prior to disposal. These procedures are periodically reviewed to help maintain the confidentiality of Social Security numbers.


13. Your California privacy rights


California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:


Attn: Online Privacy Coordinator
eos Products, LLC
105 East 34th Street, #130
New York, NY 10016

SHIPPING & RETURN POLICIES

USA shipping policy


Shipping for all products will be via USPS First Class Mail or UPS Ground service. Please note that we charge sales tax on all orders shipped to NY, IL, and IN.

All in-stock items are normally shipped from our warehouse the next business day.

If you need help or have questions, please contact us at info@evolutionofsmooth.com or call us at (866) 547-4367 or +1 (212) 929-6367 for international inquiries.


Canada shipping policy


Shipping for orders comprising 6 or fewer individual lip balms (excluding gift sets/multi-packs) or hand lotions - or any combination thereof - is a flat rate of US $15.00 per shipment. Shipping for all other products is based on USPS Priority International weight-based rates and will be calculated during checkout. It may take up to 2-4 weeks to receive your package.

All in-stock items are normally shipped from our warehouse the next business day.

If you need help or have questions, please contact us at info@evolutionofsmooth.com or call us at (866) 547-4367 or +1 (212) 929-6367 for international inquiries.


Other countries (excluding USA and Canada)


We currently ship to the United States and Canada. We are not able to ship to other countries at this time.

PATENT INFORMATION

The following eos products are protected by patents and/or are the subject of one or more pending patent applications in the United States and/or abroad. All rights reserved.

ISSUED PATENTS


Smooth Sphere – U.S. Pat. No. 8,444,337 B2
Smooth Sphere – U.S. Pat. No. D644,939
Smooth Sphere – U.S. Pat. No. D625,469
Smooth Sphere – U.S. Pat. No. D631,204
Smooth Stick – U.S. Pat. No. D618,397
Smooth Stick – U.S. Pat. No. D618,398
Shave Cream – U.S. Pat. No. D592,512
Shave Cream – U.S. Pat. No. D600,553
Shave Cream – U.S. Pat. No. D609,107
Hand Lotion – U.S. Pat. No. D651,903

PENDING APPLICATIONS


Smooth Sphere – U.S. Pat. Pub. No. 12/632,114
Smooth Sphere – U.S. Pat. Pub. No. 29/411,931
Smooth Sphere – U.S. Pat. Pub. No. 29/411,933