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).
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 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.