Effective Date: June 22, 2021
These Terms of Service (these "Terms of Service") form a binding agreement between you and Skin Medicinals, LLC and its subsidiaries and affiliates (collectively, "Skin Medicinals," "we", "us", or "our"). We created this Site to provide access to science-based topical medications. Our Site allows physicians to prescribe these medications for their patients, and allows patients to sign up to receive the medications.
By (a) using the website operated by Skin Medicinals located at www.skinmedicinals.com or other related websites and/or mobile applications operated by Skin Medicinals (collectively, the "Site"), (b) purchasing and/or using the products and/or services provided by us thereunder (together, the "Products"), and/or (c) providing your personal information to Skin Medicinals, you signify your acknowledgement and agreement to these Terms of Service, whether or not you register for an account with Skin Medicinals through the Site (an "Account"). If you do not agree with any provision in these Terms of Service, please do not use the Site, purchase or use the Products, provide your personal information to Skin Medicinals, or register for an Account. These Terms of Service do not apply to websites or applications that display or link to different terms of service. PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY.
You may be asked to provide certain personal information to us from time to time. Your personal information will be collected, used and disclosed by us in accordance with Skin Medicinals' Privacy Statement, which is available here and is incorporated by this reference into these Terms of Service. The information you provide will be accessible to any provider engaged by Skin Medicinals to provide services through the Site. In order to have an Account with us, you will be required to provide us with certain personal information. You are responsible for maintaining the confidentiality of the password and username for your Account and are fully responsible for all activities that occur under your password or username.
You represent and warrant to Skin Medicinals that:
Subject to the terms and conditions of these Terms of Service, we hereby grant to you a limited, non-exclusive, non-transferable, freely revocable license to use the Site as permitted by the features of the Site solely for your personal or, if you are a physician, your professional use, and in all cases only as permitted under these Terms of Service. Skin Medicinals reserves all rights in the Site, the Intellectual Property (as defined below) and the Marks (as defined below) not expressly granted to you herein. We reserve the right, in our sole discretion, to deny use of the Site to anyone, for any reason, and at any time, subject to applicable law. In consideration of your access to and use of the Site, you covenant and agree that you shall:
Persons under eighteen (18) years of age are not eligible to use the features, services and other aspects of the Site or the Products. Further, persons under eighteen (18) may not use the Site or the Products unless Skin Medicinals has authorization from the parent or legal guardian of such individual. A parent or legal guardian of a person under the age of eighteen (18) may prohibit such individual's use of the Site. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe your child has used the Site without your consent or authorization, please contact us at contactus@skinmedicinals.com.
If you elect to use features of the Site and/or purchase Products that involve the payment of any fees, you agree to pay, and will be responsible for payment of, such fees and any and all taxes associated therewith in accordance with the billing terms in effect at the time a fee is due and payable. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments shall be facilitated through a third-party payment processing service. You hereby authorize Skin Medicinals to charge you, through its third-party processing vendor, for all fees as they become due, and represent and warrant that you are authorized to use any and all payment information you provide to the third-party payment processing vendor. If your payment method fails or fees associated with your Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file with the third-party payment processing vendor and/or retaining collection agencies and legal counsel. Subject to compliance with any notice or waiting period provided by applicable law, we may also block your Account pending resolution of any amounts due by you to Skin Medicinals. You agree that you shall not submit any claims to any federal healthcare programs, including but not limited to Medicare or Medicaid, for any reimbursement of the purchased Products.
The software, code, proprietary methods, systems and content used to operate the Site (collectively, the "Intellectual Property") are (1) copyrighted by Skin Medicinals and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) the exclusive property of Skin Medicinals or its applicable licensors. The Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written consent or the prior written consent of our licensors, as applicable. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Intellectual Property and you may not remove or alter any such notice, information or restriction. Your use of the Site and the Intellectual Property must at all times comply with these Terms of Service. Nothing in these Terms of Service, your relationship with Skin Medicinals, or your use of the Site shall grant you any right to the Intellectual Property except the limited license to use the Site in accordance with these Terms of Service.
Certain of the names, logos, and other materials displayed on the Site may constitute trademarks, trade names, service marks, or logos (collectively, the "Marks") of Skin Medicinals or other parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other parties, as applicable.
You may deactivate your Account at any time, for any reason, by sending an email to contactus@skinmedicinals.com. Skin Medicinals may terminate your Account and/or the limited license to use the Site granted to you under these Terms of Service, at any time, for any reason or no reason. The provisions of these Terms of Service will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason. Our (and our licensors') proprietary rights (including any and all intellectual property rights) in and to the Intellectual Property, the Marks and the Site will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason.
Without limiting any rights that Skin Medicinals may otherwise have, Skin Medicinals reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account, including, without limitation, terminating or changing your Account, or requesting additional information to authorize transactions on your Account.
We reserve the right to discontinue the Site with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Site.
Any termination or discontinuance of the Site pursuant to the provisions set forth in this Section 6 shall be subject to compliance with any notice or waiting period provided by applicable law.
USE OF THE SITE AND SKIN MEDICINALS PRODUCTS IS AT YOUR SOLE RISK. THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SKIN MEDICINALS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. SKIN MEDICINALS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SKIN MEDICINALS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKIN MEDICINALS OR THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SKIN MEDICINALS DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE SITE ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. SKIN MEDICINALS IS NOT RESPONSIBLE FOR THE INTERNET, DATA BANDWIDTH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. SKIN MEDICINALS MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES OR ALL TERRITORIES WITHIN the UNITED STATES. SKIN MEDICINALS MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SKIN MEDICINALS BE HELD LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THE SITE OR YOUR ACCOUNT.
SKIN MEDICINALS DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT PRODUCT PACKAGING DEPICTED ON THE SITE WILL MATCH THE ACTUAL PRODUCT THAT YOU RECEIVE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SKIN MEDICINALS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE PRODUCTS, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND/OR PRODUCTS. THE AGGREGATE LIABILITY OF SKIN MEDICINALS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE AND/OR PRODUCTS IS LIMITED TO THE GREATER OF (I) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SKIN MEDICINALS OR (II) ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
You agree to indemnify, defend and hold harmless Skin Medicinals and its officers, directors, employees, consultants, representatives and agents, and other users and visitors of the Site, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising out of or related to (a) any information you submit, post or transmit through the Site, (b) your use of the Site and/or Products, (c) your violation of any provision of these Terms of Service, (d) your violation of any rights of any other person or entity, or (e) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site.
You hereby release Skin Medicinals, its officers, directors, employees, consultants, representatives and agents from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site or the Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which provides that: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him must have materially affected his settlement with the debtor."
The validity, interpretation, construction and performance of these Terms of Service will be governed by the laws of the State of Illinois, without giving effect to the principles of conflict of laws. Any dispute arising out of or relating in any way to these Terms of Service will be resolved exclusively by final and binding arbitration in Chicago, Illinois under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction within Chicago, Illinois , without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Chicago, Illinois for any action related to these Terms of Service. The failure of Skin Medicinals to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. You agree that irrespective of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any term, provision, covenant or condition of these Terms of Service is found by a court or arbitral body of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect to the fullest extent permissible by applicable law and shall in no way be affected, impaired or invalidated. The headings in these Terms of Service are for convenience only and shall not affect the meaning or interpretation of these Terms of Service or any section thereof.
If Skin Medicinals or its assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, Skin Medicinals may transfer, sell or assign to third parties rights related to your relationship with Skin Medicinals, including, without limitation, your Account and any personal information that you provide or that has been provided on your behalf to Skin Medicinals. Such third parties will assume (a) responsibility for your relationship with Skin Medicinals, (b) information collected by Skin Medicinals in connection with Skin Medicinals' business operations or through the Site, and (c) the rights and obligations regarding such information as described in these Terms of Service. These Terms of Service shall be binding upon and inure to the benefit of Skin Medicinals' successors or assigns. You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.
In order to participate in certain aspects of the Site or receive certain Products, you may be required to agree to additional terms and conditions as posted on the Site (the "Additional Terms"), which are hereby incorporated into these Terms of Service. To the extent there is a conflict between the provisions in these Terms of Service and the Additional Terms, the latter shall have precedence. The current version of these Terms of Service, including, without limitation, the Additional Terms, constitute the entire and exclusive and final agreement between you and Skin Medicinals with respect to the subject matter hereof, and governs your access and use of the Site, superseding any and all prior or contemporaneous agreements or arrangements between you and Skin Medicinals with respect to the subject matter hereof, whether written or oral.
We reserve the right to amend, modify, add, delete or update the terms of these Terms of Service, including, without limitation, the Additional Terms, at any time in our sole discretion, as long as such changes are in compliance with applicable law. If we change the terms of these Terms of Service, we will post the new Terms of Service on the Site and you agree that such postings constitute notice of the new Terms of Service to you. We recommend that you read these Terms of Service each time you use the Site. If you object to any changes to these Terms of Service, your sole recourse will be to cease using the Site and/or Products. Your continued access to and usage of the Site and/or Products signifies your acknowledgement and acceptance of any such changes to these Terms of Service and agreement to be bound thereby.
We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You should report any suspected violations of these Terms of Service to contactus@skinmedicinals.com.
If you have questions or concerns about these Terms of Service, please contact us contactus@skinmedicinals.com.
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