Terms of Service

Skinsolutions.md
Effective Date: August 1, 2025
Last Updated: August 1, 2025
These Terms and Conditions of Use (these "Terms") are a legal contract between SkinSolutions.MD, LLC, on behalf of itself and its affiliated professional entities (“Empower”, defined below) (together “SkinSolutions ,” “us,” “our,” or “we”) and you (“user,” “you,” or “your”). The Terms explain how you are permitted to use the Services provided by and through our website as well as all of our associated internet properties (owned or operated by SkinSolutions and/or its affiliated companies, or by third parties), including but not limited to the website, www.skinsolutions.md(together, the “Website”).
Please note that SkinSolutions.MD, LLC is a management Services entity providing administrative, technological, and management Services to medical professional entities, including Empower Medical Corporation of Virginia, Empower Medical Corporation of New Jersey, P.C., and Empower Medical Corporation of California (together, “Empower”) and SkinSolutions.MD, LLC itself does not provide medical services. These Terms govern your use of all the text, data, information, software, graphics, photographs, proprietary content and other materials (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any Services we may provide through any area of the Website.) Collectively, the Website, the Materials, and the Services provided herein are referred to as the “Services;” however, the Services do not include the medical services that you receive from Empower (“Medical Services”). Those Medical Services are subject to your relationship directly with Empower and your Provider (described below).
PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
THE SERVICES ARE INTENDED TO BE OFFERED IN THE UNITED STATES AND NOT IN ANY OTHER JURISDICTION. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, DO NOT USE THE SERVICES
NOTE: THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
1. USER ACCOUNTS.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE READ, UNDERSTAND, AND ACCEPT THESE TERMS OF USE, AND (B) YOU HAVE THE RIGHT, AUTHORITY, AND LEGAL CAPACITY (INCLUDING BEING OVER THE AGE OF 18) TO ENTER INTO THESE TERMS OF USE AND TO USE THE SERVICES. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OR IF YOU DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS OF USE (I.E., IF YOU ARE NOT OF SUFFICIENT AGE IN YOUR JURISDICTION OF RESIDENCE AND MENTAL CAPACITY OR IF YOU ARE OTHERWISE NOT ENTITLED TO BE LEGALLY BOUND IN CONTRACT), YOU MAY NOT USE ANY OF THE SERVICES.
If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at [email protected] . We do not claim that the Website's content is appropriate or suitable for you or any visitor. No information, data, or information provided on or through the Website is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject SkinSolutions to legal liability of any type. Any such access or use of the Services is to be utilized on your own initiative, and you are solely responsible for any legal compliance.
The Services require the creation of a user account on our Website (“User Account”). You are required to accurately complete and maintain the User Account and to provide us with all required information, which may include, a working email address, address, first and last name, date of birth, mobile number, preferred password, and credit card, and any additional information set forth in the User Account creation process. You agree that all information you submit to create a User Account and in utilizing any of the Services, including, but not limited to, your name and email address, shall be truthful, accurate, and complete, and you shall maintain accuracy and completeness of the information associated with your User Account for as long as you use it. To the extent necessary, you can log into your User Account and make changes directly. If you forget your password, we will happily send a password update to your provided email address. You may have only one (1) User Account at a time and an account is not transferable between individuals. You are responsible for complying with these Terms when you access the Services.
Because it is your User Account, you are responsible for obtaining, maintaining and paying for all hardware, software and telecommunications and other services necessary for the use of the Services, including properly running compatible updated software, a suitable internet connection, an appropriate firewall and virus scanning software, and a properly maintained computer or smart device. You are responsible for maintaining the security of your User Account and you are fully responsible for all activities that occur under the User Account and any other actions taken in connection with it. We may monitor and review accounts to ensure that our Services are being used appropriately. Providing false contact information of any kind may result in the termination of your User Account. It is also your responsibility to maintain the confidentiality of your password(s). You may not allow another individual or third-party to access, use, or modify your User Account. Should you believe your password or security for the Services has been breached in any way, you must immediately notify us at [email protected]. You are fully and solely responsible for any and all use of the Services using your User Account. You will not sell, transfer, license, or assign your Account, username, or any Account rights. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your User Account. We may suspend, disable, or delete your User Account (or any part thereof) in our sole discretion if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation. If we delete your User Account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. We reserve the right to take any and all action, as deemed necessary and reasonable, regarding the security of the Services.
2. NO MEDICAL ADVICE.
EXCEPT FOR MEDICAL SERVICES YOU RECEIVE THROUGH EMPOWER AND ITS PROVIDERS, THE INFORMATION AND ADVICE PROVIDED THROUGH OUR SERVICES ON THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY, ARE NOT A DIAGNOSIS, DO NOT CONSTITUTE MEDICAL ADVICE OR INSTRUCTIONS ON THE APPROPRIATE USE OF UPNEEQ®, AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL ADVICE OR CLINICAL TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY IMMEDIATELY CALL 911. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL CONCERNING QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION AND BEFORE STOPPING, STARTING, OR MODIFYING ANY TREATMENT OR MEDICATION.
3. PRIVACY.
Your privacy is important to us. All communications sent over an Internet connection are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, or corruption of data. By accepting these Terms of Use, you acknowledge and agree that SkinSolutions is not responsible for the security and privacy of communications services or devices that you use to receive and send your Personal Data (as defined below). You further understand and agree that SkinSolutions will not be responsible in any way for any loss, injury, or claims of any kind resulting from your failure to read or respond to communications from SkinSolutions. Please review our (“Privacy Policy”), which explains how we collect, use, protect, and share your personal information. our access to and use of the Services is conditional upon your acceptance of our Privacy Policy. We note that we are not subject to HIPAA as we do not engage in any covered electronic standard transaction. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes part of these Terms.
With respect to your data and other personal information that you provide to us, either directly, or in connection with other third party services, all in connection with your use of the Services (together, “Personal Data”), you represent and warrant that you have all rights, consents and licenses necessary to transmit and provide access to your Personal Data and to permit SkinSolutions to use such Personal Data as contemplated herein and in accordance with our Privacy Policy, including in connection with the provision of the Services by SkinSolutions, and for data benchmarking, data aggregation and data analytics, and that use of Personal Data by SkinSolutions as contemplated herein and in accordance with our Privacy Policy does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party, or violate any applicable law.
You grant to SkinSolutions a non-exclusive, worldwide, royalty-free, transferable, irrevocable, sublicensable (through multiple tiers), perpetual, fully paid up right and license to use, reproduce, modify and otherwise exploit the Personal Data for the following purposes: (1) to provide the Services to you and to operate the Services in connection with the Authorized Use (as defined below); and (2) to maintain, support, enhance and improve the Services and other SkinSolutions products and services, including product development, (3) to generate, analyze and extract metrics, patterns, trends, metadata, benchmarking, system, or usage data based on your use of the Services, and (4) for any other lawful purpose (collectively, “Usage Data”), provided that such Usage Data does not identify you. For the avoidance of doubt, as between SkinSolutions and you, SkinSolutions will own all rights, title and interest in and to Usage Data, and SkinSolutions may use such Usage Data to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, Services enhancement, product development, and marketing
4. CLINICAL ADVICE THROUGH THE SERVICES.
We offer access and use of our Website, which contains information about our Services, provides you with the ability to connect with an Empower licensed healthcare professional, and to contact us. We note while the Services allows you to engage with us, send us information through the Website, and for us to respond to your requests; however, aside for your separate relationship with an Empower licensed healthcare professional (each a “Provider”) and the Medical Services you receive from them, the Services are not intended to provide medical advice, diagnosis or treatment. There is no patient/provider relationship created through your visit to the Website.
Do not use the Services if you are driving a motor vehicle. Do not use the Services for emergency medical needs. If you experience a medical emergency, call your local emergency phone number immediately. Any information or advice received from Provider comes from the Provider, and not from SkinSolutions. While SkinSolutions may facilitate your selection of and communication with Providers, SkinSolutions.MD, LLC does not provide clinical services or clinical advice, and any Provider-patient relationship is only between you and the applicable Provider. You understand that Providers cannot treat all conditions through the Services
You consent to receive clinical care from the applicable Provider using remote electronic communications, such as interactive chat, audio, and/or video communications, specifically through your use of the Services, where such Medical Services may include diagnosis, consultation, treatment, and transfer of electronic medical records and medical data. Please refer to the Risks of Telehealth Services below for more information regarding risks associated with remote electronic communications. 
You consent to the following in connection with the Medical Services:
  • Data, chat text, audio, video, and/or digital photos may be recorded;
  • Details of your medical information may be discussed with you and the Providers via the Services using electronic technology, including chat, audio, video, and/or graphics technology;
  • Virtual examination of you may take place; and
  • Medical personnel and non-medical technical personnel may join the visit, virtually, to aid in delivery of medical care to you or for the purpose of improving the Services.
Your interactions with the Providers via the Services have limitations and therefore do not take the place of your relationship(s) with your regular in-person healthcare practitioner(s). You understand and agree that, as part of the Services, you may not be able to select a specific Provider; however, you will have access to your Provider’s credentials. Further, you understand and agree that, due to emergencies, scheduling, and other circumstances, SkinSolutions cannot warrant or otherwise guarantee, and does not warrant or otherwise guarantee, that you will have access to the Providers, including any specific Provider.
SkinSolutions.MD, LLC is not liable for any professional or other advice you obtain from a Provider via the Services, or for any information obtained through the Services. You acknowledge your reliance on any Providers, or information provided by the Services, is solely at your own risk and you assume full responsibility for all risk associated therewith.
You hereby certify that you are physically located in the state you have entered as your location for the Services and, to the extent you connect with a Provider, you will immediately inform the Provider if you changed the state in which you are located in. When receiving Medical Services from a Provider, you may be asked to upload a copy of your identification card (e.g. drivers’ license, state ID) and a self-photograph (“selfie”) for verification purposes, location purposes, and evaluation and treatment purposes. In connection with the Medical Services, and prior to connecting with a Provider, you may also be requested to provide information about your symptoms, medical conditions and other information deemed relevant to providing you with care.
You acknowledge and certify that your ability to access and use the Medical Services is conditioned upon the truthfulness of the information you provide, and that the Providers you access through the Services are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify SkinSolutions and the Providers you interact with from any resulting damages, costs, or claims.
5. RISKS OF TELEHEALTH SERVICES
Telehealth services involve the use of electronic communication technologies to enable the transfer of medical/health and other information between you and your Provider who is not in the same location. Telehealth technologies may involve asynchronous communications as well as synchronous communications. Telehealth technologies may also involve the electronic transmission of your medical records, images, personal health information, or other data between you and a health care provider.  Among other uses, telehealth may be used for diagnosis, treatment, follow-up, and education. The purpose of this section is to inform you about telehealth. You agree that it is your choice whether or not to use the Services to engage with a Provider.  You understand that at any time, you can change your mind about engaging with an Empower Provider and may seek alternative in-person services. By using the Website and engaging with a Provider, you are providing your voluntary, informed consent to the use of telehealth in the delivery of health care provided by the Providers. You acknowledge that your provider-patient relationship is with Empower and your Provider and not with SkinSolutions. If you would like to have the records relating to your use of a Provider sent to your primary care provider, you understand that you may need to request such transfer of such records. You may obtain copies of your medical records for the Services by emailing SkinSolutions at [email protected]. SkinSolutions will respond to messages as they are received but does not guarantee an immediate response. By using the Services, you acknowledge the potential risks associated with telehealth services, as described in the Empower Telehealth Informed Consent Form, including, but not limited to:
  • Providers consulting with you may not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health-care decision making by the Provider; there is also the risk of technical failures beyond the control of SkinSolutions or the Provider, which could lead to delays in evaluation or to information lost due to such technical failures;
  • Delays in evaluation or treatment could occur due to failures of electronic equipment;
  • A lack of access to your medical records may result in adverse drug interactions or allergic reactions or judgment errors;
  • Providers may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination; and
  • Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, and there could be a breach of privacy of your health information. Unfortunately, the transmission of information via the internet is not completely secure. Although we take commercially reasonable steps designed to protect your personal information, we cannot guarantee the security of your personal information transmitted to, or through, our Services. Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures employed by the Services. You hereby release and hold harmless SkinSolutions from any loss of data or information due to technical failures associated with the Platform
  • There may be other risks to telehealth that are currently not known.
By using the Services and engaging with a Provider, you acknowledge these limitations, understand, and agree to assume the risk of these limitations. Further, you agree that: (i) any diagnosis you may receive from Empower or your Provider is limited and, in some cases, provisional; (ii) the Medical Services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a Provider may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the Provider’s ability to diagnose any potential condition, disease, or injury.
You acknowledge that it is your duty to inform your Provider of interactions regarding care that you received from other health care providers and to provide accurate and complete information during the assessment and intake process to ensure your Provider has your full clinical background when making treatment decisions. You understand that the Provider may not have a way of verifying the accuracy of information you provide, and that the Provider will consider the information you provide (including your response to automated questions) to be accurate, true, and complete. Providers reserve the right to deny treatment if they believe a patient may be better served by an in-person health care provider, or for any other reason according to their professional judgment. You understand that making a request for treatment (by completing a visit and making payment) does not in and of itself create a duty of care or create a provider-patient relationship. You understand that you need to be responsive to ongoing requests for information from your Provider, including but not limited to completion of ongoing assessments about your symptoms and side effects during your treatment, and you hereby consent and permit your Provider (or anyone on your Provider’s behalf) to access your prior medical information, including your prescription history and medical record, in order to receive care and remain under the care of your care team. If you are not responsive to these requests for information, you understand that you cannot be considered to be under the care of the prescribing Provider. You understand that a variety of alternative methods of medical care may be available to you, and that you may decide to stop using the Medical Services and choose one or more of these alternative modes of care at any time. SkinSolutions encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a Provider. You should ask questions about anything you do not understand with your Provider.
6. Prescription Policy, Pharmacy Information
Neither SkinSolutions nor Empower endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, the Provider may limit supply based upon state regulations, and may only prescribe a medication as determined in their own discretion and independent professional judgment. SKINSOLUTIONS DOES NOT GUARANTEE THAT ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU THROUGH THE SERVICES. THE PROVIDERS DO NOT PRESCRIBE U.S. DRUG ENFORCEMENT ADMINISTRATION CONTROLLED SUBSTANCES THROUGH THE SERVICE, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions or over the counter products that you acquire from a Provider will be solely for your personal use. In order to provide you with appropriate care, Providers may request, access, and receive your medication history data, including your prescription history from pharmacies that have filled your prescriptions and aggregators of such information, and use this information for your treatment purposes. Providers reserve the right to not treat you in the event you do not consent to the Provider obtaining your prescription history. All prescription medications are provided subject to all warnings, limitations, and restrictions published or provided by the medication’s manufacturer. You agree to fully and carefully read all provided product information and labels, including information regarding dosage, warnings, interactions, and other information prior to using any drug, and that you will contact a clinician or pharmacist if you have any questions regarding the prescription. You acknowledge and understand that your use or misuse of prescription medications obtained through the Services may result in undesirable or unexpected consequences. SkinSolutions does not accept any liability for the consequences arising from the application, use, or misuse of any prescription medications made available through the Services, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the prescription products.
Prescriptions may be filled through a mail-order pharmacy, including RVL’s pharmacy. If you elect to fill a prescription through a mail-order pharmacy, the prescription product will be shipped to you by the applicable pharmacy, provided such product is available through mail order Services. When using a mail-order pharmacy, you give SkinSolutions consent to send and disclose to the applicable pharmacy all information provided by you, your health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) that is required to facilitate the pharmacy services.
7. Prescription Auto-Refill
If you receive or choose to receive your prescription by mail order and your prescription includes refills, you may be placed on the pharmacy’s automatic refill program, to the extent available. SkinSolutions is not responsible for collecting payment for any prescriptions to be dispensed by the pharmacy and does not operate any auto-refill program for prescription products. To the extent that you wish to opt out of auto-refill, please review the terms and conditions from the pharmacy and follow the instructions to opt out. Please also note that if you receive auto-refills, you are responsible for promptly updating your pharmacy regarding any changes to your shipping address, drug dose, frequency of use, or any other information that might affect your refill regimen. You acknowledge and agree that SkinSolutions has no involvement in the prescription fulfillment process and accordingly, SkinSolutions disclaims all liability associated with the fulfillment, dispensing, or communications between you and the pharmacy.
8. OVER THE COUNTER AUTO-REFILL
If you choose to receive your over-the-counter products with an auto-refill, you will be placed on SkinSolutions auto-refill program. The charge on each automatic refill will be billed to the payment method used to create your subscription or otherwise directed by you. If you withdraw from the automatic refill program after your applicable refill has been dispensed, you will be responsible for the charges associated with such refill and any charges incurred prior to your withdrawal. If you are placed on an automatic refill program, you will receive a notice each time your prescription is being refilled. To the extent that you wish to opt out of auto-refill, you must contact [email protected], call 888-910-0623, or cancel your subscription on the Website in your account functions at least 48 hours prior to the scheduled refill. Please also note that if you receive auto-refills, you are responsible for promptly updating SkinSolutions regarding any changes to your shipping address or any other information that might affect your refill regimen.
9. LICENSE; USING THE SERVICES; RESTRICTIONS.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to access and use the Services, during the term of these Terms, solely for your personal, noncommercial use strictly in accordance with the terms of this Agreement and the permitted features of the Services. Organizations, companies, and/or businesses may not become members and must not use the Services, without express prior written consent from SkinSolutions. You have no other rights in the Services or any Materials, and you may not modify, edit, copy, reproduce, publicly display, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Services or any of the Materials in any manner. Upon your breach of any of these Terms, your license to use the Services will automatically terminate and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
We authorize your use of the Services only for the purpose of seeking information about SkinSolutions and Empower, and to connect with a Provider (the “Permitted Purposes ”). Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services.
You understand that you may lose your right to use the Services if you do not abide by these Terms. In addition to other prohibitions in these Terms, certain conduct is prohibited through the Services. As one of the conditions of your use of the Services, you represent, warrant and agree that you will use the Services in good faith and not use, encourage or help others use the Services (or information obtained from the Services) for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Services complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. Unauthorized use of the Services may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
  • Decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof;
  • Disable any licensing or control features of the Services;
  • For any public or commercial purpose which includes use of the Services on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • Post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To provide any fake or inaccurate information;
  • To interfere with or disrupt the Services or servers or networks connected to the Services;
  • To transmit or otherwise make available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  • To use the Services for any purpose outside of the Permitted Purposes;
  • Merge the Services or Materials with another program or create derivative works based on the Services or Materials;
  • Remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials;
  • Sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services;
  • Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means;
  • To create more than one User Account or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services;
  • Create, solicit, transmit, or procure the sending of any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
  • To allow any unauthorized person to access your User Account or to receive the Services;
  • To access or use the Services in any unlawful way or for any unlawful purpose;
  • Otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services;
  • Scrape, copy, republish, license, or sell the information or Materials on the Services; or
  • To attempt to indirectly undertake any of the foregoing or encourage or enable any other individuals to do or attempt to do any of the foregoing.
You understand and agree that your User Account may be terminated for any of the above infractions. We may pursue legal action and/or report to law enforcement any such violations.
10. BILLING & PAYMENT.
The Medical Services are cash pay and by choosing to connect to a Provider, you are specifically choosing to obtain such Medical Services on a cash basis outside of any federal, state, or commercial healthcare program coverage. Thus, you are solely responsible for the costs of the Medical Services. You acknowledge and agree that you will not submit a claim for reimbursement to any federal healthcare program, state healthcare program, or commercial insurance for the costs of the services and products provided to you. SkinSolutions.MD, LLC does not control and is not responsible for any treatment decisions or recommendations made by third parties using our Services, including the Medical Services provided to you by Empower and its Providers.
Prices for all products and services are subject to change at any time. You agree to provide current, complete, and accurate payment information for all purchases made through the Services, so that we can complete your transactions and contact you as needed. We use a third party payment processor that will be linked to your credit card. All purchases made from us are for Your individual use only. We may store a tokenized copy of your payment information for future transactions if you permit us to do so. If your selected payment method cannot be charged for any reason (e.g., expired), you authorize us to use any credit or other payment method stored in your account. Sales tax and shipping fees may be added to the purchase price as deemed required by us. All payments must be in U.S. dollars unless otherwise specified. You agree to pay all charges at the prices then in effect for your purchases and all applicable sales tax and shipping fees, and you authorize us to charge your chosen payment method for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product or Services details. SkinSolutions has no obligation to provide any products unless and until full payment has been received and/or verified. We will send you a notice when we accept your order, and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
SkinSolutions has no obligation to provide any Services unless and until full payment has been received and/or verified.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE.
All fees are in U.S. Dollars, except as stated otherwise in writing by SkinSolutions. We recommend that you verify the existence and amount of any additional fees you may be charged by third parties in connection with any transaction (such as fees due to banks or credit card companies) or any other third party services. SkinSolutions is not responsible for any such additional fees or costs.
As part of registering or submitting information to the Services, you authorize SkinSolutions to request and collect payment (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, facilitate payment for Medical Services to Empower, and to make any inquiries SkinSolutions or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card, or banking account provider (e.g., updated expiry date or card number as may be provided to us). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. If the credit card you supplied to us is declined, you may be required to supply a new form of payment.
11. ELECTRONIC COMMUNICATIONS AND TEXT MESSAGING.
By using the Services, you consent to receiving electronic communications from us, and by providing us with your mobile number, you consent to receive SMS text messages about the Services. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to these Terms and the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You understand that SMS text messages and unencrypted emails are not secure and run the risk of being intercepted by unauthorized parties. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES IN CONNECTION WITH ANY BINDING TERMS OR CONTRACTS IN CONNECTION WITH THE SERVICES. You hereby waive any rights or requirements under any applicable laws which require an original signature or delivery or retention of non-electronic records.
By providing us with your telephone number you affirmatively consent to receive certain recurring SkinSolutions notifications or information via push notification or SMS text message or calls (including prerecorded calls), in order to perform and improve upon the Services, and to provide you with information and reminders regarding the Services, including your registration, changes, and updates. You may incur additional charges from your wireless provider for these communications, and you are solely responsible for any such charges. These calls, notifications or text messages may contain information about the Services and other information you have provided to SkinSolutions. You can opt-out of receiving such calls, notifications for text messages by contacting customer Services at [email protected], replying STOP to any such message, and for push notifications, through your device settings. SkinSolutions and wireless carriers are not responsible for any undelivered messages. SkinSolutions will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You understand that we may send you a text confirming any opt-out made by you. You acknowledge that opting out of text messages may impact your ability to use certain features of the Services. However, note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from SkinSolutions.
12. LINKS TO THIRD-PARTY WEBSITES.
We think links are convenient, and we sometimes provide links on the Services to third-party websites or apps. If you use these links, you will leave our Services. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites or the products, Services, or content available through any of them. Unless expressly stated on the Services, we do not endorse or make any representations about such third-party websites, any information, software, products, Services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked from the Services, you do so entirely at your own risk and you are subject to and must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on this Website to be shared with your contacts in your third-party site account.
13. PROPRIETARY RIGHTS.
The Website and the Services ("SkinSolutions Intellectual Property ") and all rights, title, and interest, including all related intellectual property rights therein are owned by SkinSolutions, its licensors, or other providers of such material. These Terms are not a sale and do not convey or grant you any rights in or related to the Website, or any intellectual property rights owned by SkinSolutions. The trademarks, Services marks, and logos of SkinSolutions and our affiliates (collectively, “Our Trademarks”) used and displayed on various parts of the Services are registered and unregistered trademarks or Services marks of SkinSolutions. Other SkinSolutions, product, and Services names located on the Services may be trademarks or Services marks owned by others (the “Third-Party Trademarks ” and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Services are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
14. INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions and other materials that violate intellectual property rights of others, suspending and/or terminating in appropriate circumstances access to the Services or any portion thereof to any user who uses the Services in violation of someone’s intellectual property rights. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our agent for notice of claims of [email protected].
To be sure the matter is handled immediately, your written notice must contain the following information:
  • Your physical or electronic signature;
  • The copyrighted work or other intellectual property alleged to have been infringed;
  • The allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • A statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify you when we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept Services of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications
15. DISCLAIMER OF WARRANTIES.
ACCESS TO THE SERVICES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE SERVICES OR THE PRODUCTS SOLD THEREBY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. AS RELEVANT, THESE TERMS ARE WITHOUT PREJUDICE TO AND IN NO WAY LIMIT OR SUBSTITUTE ANY OBLIGATIONS THAT MAY BE OWED BY YOU.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION OF LIABILITY.
YOU ARE USING THE SERVICES AT YOUR SOLE RISK. WE ARE NOT LIABLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE SERVICES IN WAYS THAT DO NOT COMPLY WITH APPLICABLE LAW. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US SOLELY FOR THE RIGHT TO USE THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, BUT THE ABOVE LIMITATIONS OR EXCLUSIONS APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES OR THE CONTENT.
All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive the termination or expiration of these Terms or your use of our Services.
17. FEEDBACK.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, "Feedback"") through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and Services using such Feedback. You hereby represent that you have obtained all required consents or authorizations to allow SkinSolutions to obtain all rights, title and interest in and to the Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
18. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this "Provision") carefully. It affects your rights.
Please read this Provision carefully. All Disputes (as defined below) between you and SkinSolutions, including those related to your Membership (if applicable), shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others, including, but not limited to, class actions. Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court, including attorney’s fees.
For purposes of this Provision, “SkinSolutions” means SkinSolutions.MD, LLC, on behalf of its affiliates, collectively “Empower”, and each of their respective officers, directors, employees, and agents, including the Providers. The term “Dispute” means any dispute, claim, or controversy between you and SkinSolutions regarding, arising out of or relating to any aspect of your relationship with SkinSolutions, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). The term “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to Services or products provided or billed to you (such as SkinSolutions’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
YOU AND SKINSOLUTIONS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give SkinSolutions an opportunity to resolve the Dispute. You must commence this process by emailing us written notification at: [email protected]. Written notification must include the following information:
  • Your name;
  • Your address;
  • A written description of the Dispute, and
  • A description of the specific relief you seek.
If SkinSolutions does not resolve the Dispute within forty-five (45) days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or SkinSolutions may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN FIFTEEN (15) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court. You may opt out of this Provision by emailing us written notification at: [email protected]. Written notification must include the following information:
  • Your name;
  • Your address and
  • A clear statement that you do not wish to resolve disputes with SkinSolutions through arbitration.
Your decision to opt-out of this Provision will have no adverse effect on your relationship with SkinSolutions.
Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or SkinSolutions may initiate arbitration proceedings. The American Arbitration Association (the “AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (the “FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law. The award may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration
You or SkinSolutions may initiate arbitration in Somerset County, New Jersey or the federal judicial district that includes your billing address. However, if SkinSolutions initiates the arbitration in Somerset County, New Jersey, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.
Payment of Arbitration Fees and Costs
So long as you place a request in writing prior to commencement of the arbitration, SkinSolutions will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided by applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with SkinSolutions as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and SkinSolutions specifically agree to do so in writing following the initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
No Judge or Jury in Arbitration
Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and SkinSolutions are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and SkinSolutions might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.
Continuation
This Provision shall survive the termination of your Services with SkinSolutions or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if SkinSolutions makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require SkinSolutions to adhere to the present language in this Provision if a dispute between us arises.
Limitation on Filing Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. NO EXTRATERRITORIALITY.
We are based in the United States of America. The information available through the Services is intended for use only by our customers in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and medical practices, information designed to be used in one country may not be appropriate or legal for use outside that country. Therefore, product information available through the Services may not be appropriate or legal for residents of other countries. If you access the Services from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
20. TERM AND TERMINATION.
These Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term.
21. ENTIRE AGREEMENT.
These Terms are the entire agreement between you and SkinSolutions and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and SkinSolutions about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.
22. ELECTRONIC MEANS.
When accessing the website or any of its Services, sending e-mails, online forms, e-signatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
23. CHANGES AND ADDITIONAL TERMS.
We may alter the Services we offer you and/or may choose to modify, suspend, or discontinue any part or all of the Services at any time and without notifying you. We may also change, update, add, or remove provisions of these Terms from time to time. The effective date of the Terms will be shown next to “Last Updated” at the top of this page. We will use commercially reasonable efforts to inform you of any modifications to these Terms by posting them on the Website. We encourage you to review these Terms periodically to ensure that you stay up-to-date on the Terms.
If you object to any such modifications to the Terms, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. These Terms may be superseded by expressly designated legal notices or terms located on particular pages of the websites or apps of our partners or affiliates. Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded
24. ELECTRONIC MEANS.
If you have a question or complaint regarding the Terms of Use or Services, please send an e-mail to [email protected]. You may also contact us by writing to SkinSolutions.MD LLC at 1320 Evening Creek Drive South, Suite 225, San Diego, CA 92128 Attn: General Counsel. Please note that e-mail communications will not necessarily be secure and, accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.