Terms & Conditions
We are Morse Laboratories, L.P., a limited partnership organized under the laws of California (“Morse Laboratories”, “Company”, “We”, “Our”, and “Us”). We manufacture the luxury skincare brand Retrouvé. We operate the website www.retrouve.com ("Website"). Our principal place of business is located at 3075 Pacific Coast Highway #351 Malibu CA 90265.
1.2 When we refer to "we", "us" or "our", we mean Morse Laboratories. When we refer to "you" or "your" we mean you, the person accessing or using our Website.
2. Our Website
2.1 Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.3 WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.
2.4 The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
3. Our Rights
3.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the Retrouvé name and mark, and Retrouvé product names, images and packaging. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs, and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
3.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to purchase Retrouvé products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
4. Change To Or Termination of Terms
We may change these Terms from time to time. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms. If you object to such changes, your sole recourse shall be to stop using the Website. Your continued use of the Website following notice of any such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound.
By using this website, you have reviewed, understand and have
We may provide links to other websites or resources for your convenience only, and such links do not signify or imply that we endorse such website or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software or materials found at any other website or resource.
7. Exclusive Remedy and Limitation of Liability
7.1.1 death or personal injury caused by our negligence;
7.1.2 fraud or fraudulent misrepresentation; and
7.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
7.2 THE WEBSITE IS MADE AVAILABLE "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
7.3 WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
7.3.1 USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
7.3.2 USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
7.4 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
7.5 Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any Retrouvé products by us to you. These are set out in our Terms and Conditions of Sale.
8.1 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access our Website, and we recommend that you use your own virus protection software.
8.2 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act of 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
9. Purchasing Products From Us
9.1. If you use the Website to purchase products from us, our Terms and Conditions of Sale will apply to your purchase. Please take the time to read our Terms and Conditions of Sale as they include important information and terms. If you do not accept our Terms and Conditions of Sale, you are not permitted to purchase products from us through the Website.
10. Your Personal Information
11. Social Media
11.1 We operate social media accounts under the Retrouvé trademark. The Retrouvé Facebook page, Retrouvé Twitter accounts, Retrouvé YouTube channel, Retrouvé Instagram account, Retrouvé Pinterest account, Retrouvé Snapchat account, and any other social media accounts operated by Retrouvé (collectively, “Social Media Channels”). Our goal is to provide useful and interesting content about the Company and its product(s).
11.2 This Website contains links to the Company’s social media accounts.
11.3 Rights. Company owns all rights in and to any posts, images, videos and other recordings on Company’s Social Media channels and they may not be reused without Company’s express written permission.
11.4 Company’s Right to Social Media Channels
11.4.1 Company reserves all rights relating to Company's Social Media Channels, including but not limited to: (i) adding, removing, or modifying any content; (ii) blocking disruptive users; and (iii) discontinuing any of our Social Media Channels at any time.
Product information should never be construed as medical advice. You are advised to contact a health care professional in your area if you need medical advice. Company does not represent that the information on Company’s Social Media Channels is accurate, complete, reliable, useful, timely or current. You read all content at your own risk. Do not rely on the information or advice in any of these postings.
- Defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda;
- Activity that violates any law or regulation;
- Attempts to target Company to offer goods or services, of either a commercial or private nature;
- Spam directed at Company or any of Company’s Followers, including any form of automatically generated content or repeatedly posting the same content;
- Content that includes medical advice that may be unsolicited and/or unverified;
- Content deemed to constitute an unapproved use of any of our product(s) or is otherwise false or misleading;
- Any potential infringement upon any intellectual property rights, including but not limited to, brand names, trade names, logos, copyrights or trade secrets of any person, business or place;
- Other content deemed to be off-topic or disruptive to the purposes of the channel, its Followers, and its sense of community and acceptance; and
- Content posted by fake or anonymous users.
11.6 Terms and Conditions of Other Media Sites Apply. This page is intended for a global audience. All Terms and Conditions of Facebook, Instagram, Twitter, YouTube, Pinterest, and any other social media site apply, respectively.
11.7 Sweepstakes. We do not endorse any non Company products that are in any Company Sweepstakes on Company social media accounts.
11.8 Contact Us. Our Social Media Channels are not the appropriate place to resolve issues, complaints or suggestions about individual sales and service experiences or our products. This does not mean we do not want to hear about such issues, but these types of concerns are best handled by trained representatives. If you’re interested in sharing comments or feedback, send a message to a client services specialist at email@example.com.
12.1 The contents of this website are for informational purposes only and should never be construed as medical advice. You are advised to contact a health care professional in your area if you need medical advice. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or before starting a new skincare routine and do not disregard medical advice because of something you read on our website or social media channels.
12.2 You are responsible for the ultimate determination as to suitability of a product for an intended application or use.
12.3 Before using any product, seek medical advice. It is also advisable to test any product on a small area of skin to check for any sensitivities or allergic reaction. Should skin irritation occur, adjust the usage and if irritation persists, discontinue use and seek medical care when appropriate.
12.4 We take every effort to ensure that the information on this website is correct and up to date, however we cannot guarantee the accuracy of all of the information and We accept no liability with respect to any omission or error.
13. Prohibited Uses
15. Integration & Severability
16. No Waiver
18. Location And Governing Law
These Terms are governed by the laws of the State of California. You and we both agree that, subject to the arbitration provisions of Section 19, the courts located in the City and County of Los Angeles, State of California will have exclusive jurisdiction over any disputes.
19. Disputes and Arbitration
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
19.2 Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
19.3.1 Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com;
19.3.2 Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: your local JAMS office or to JAMS, 1925 Century Park East Suite 1400, Los Angeles, CA 90067; and
19.3.3 Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to Los Angeles, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in the City and County of Los Angeles, California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
19.5 NO CLASS ACTIONS. You and Company may only resolve disputes between you and Company on an individual basis and neither you nor Company may bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed against the other party..
19.6 THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Company operates Sweepstakes through the Innovation Brands Corp dba DojoMojo platform. The Official Rules can be viewed here and are incorporated herein by this reference.
21. Separate Terms and Conditions.
22. Virtual Consult: You can sign up on our website for virtual consults. The information you enter will only be used to schedule a consult. Consultations will be done via phone, Zoom or FaceTime per your request. You should review the policies of Zoom and FaceTime before scheduling a virtual consult.
23. Virtual Quiz: The data collected from your submissions on the virtual quiz is used for internal marketing purposes only and to help you find the product that works best for you.
24. Mobile Terms: Only individuals who opt in to texting on this website will receive texts (the “Service”) for the purpose of receiving the newsletter, cart reminders, and information about promotions and product launches. Texting is supported by Klaviyo, Inc. (“Klaviyo”) and information about Klaviyo and their terms can be viewed here.
24.1 For those who opt into texting, the following information will be taken from you by Us and shared with Klaviyo:
- Your Name
- Your Email Address
- Your Cell Phone Number
24.2 Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
24.3 We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates May Apply.
Text messages may be sent using an automatic telephone dialing system or other technology.
Your consent to receive autodialed marketing text messages is not required as a condition of
purchasing any goods or services. If you have opted-in, the Service provides updates, alerts,
information, promotions, specials, and other marketing offers from Retrouve via text messages
through your wireless provider to the mobile number you provided. Message frequency is
recurring. Text the single keyword command STOP to cancel at any time. You'll receive a one
time opt-out confirmation text message. If you have subscribed to other Retrouve mobile
message programs and wish to cancel, you will need to opt-out separately from those programs
by following the instructions provided in their respective mobile terms. For Service support or
assistance, text HELP or email firstname.lastname@example.org.
24.5 We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
24.6 The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number.
24.7 You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
24.8 You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
24.9 To opt in to texting through our newsletter click here
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