These terms of use (the "Terms of Use") are a binding agreement between you (the "End User" or "You") and At Skinsafe Inc., a Delaware corporation ("SkinSAFE," "us," "our" or "we"), governing Your access to and use of http://www.skinsafeproducts.com (the "Site"), the SKINSAFE mobile application on Apple iOS or Google Android (the "Application"), and the services and tools related to the Site and the Application (including, but not limited to, any mobile and other software applications downloaded from this Site or obtained elsewhere) (collectively, the "Services"). We acknowledge and You acknowledge that these Terms of Use are between HER and You and not with any other third party, including any mobile platform provider such as Apple Inc. or Google Inc.
The Services are a resource for licensed physicians, medical professionals working under the supervision of licensed physicians, and users under the care of a licensed physician or medical professional. Please read the Terms of Use carefully before You start use of the Services. The Services are available ONLY TO USERS 18 YEARS OF AGE OR OLDER. Please email us with any questions or comments about these Terms of Use or our Privacy Policy at [email protected].
NOTICE REGARDING DISPUTE RESOLUTION: These Terms of Use contain provisions that govern the resolution of claims between You and HER. They also include an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Unless you opt out, You will only be able to pursue claims against HER on an individual basis, not as part of any class or representative action or proceeding, and You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
BY ACCEPTING THESE TERMS OF USE, EITHER BY CLICKING TO ACCEPT OR AGREE OR BY DOWNLOADING, INSTALLING OR USING THE SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (A) YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, (2) YOU ARE 18 YEARS OF AGE OR OLDER, AND (3) YOU ACCEPT AND AGREE TO THE TERMS OF THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SERVICES, AND YOU MUST DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of changes to these Terms of Use means that You accept and agree to such changes. It is Your responsibility to check these Terms of Use periodically for changes, as these changes are binding on You.
Provided You are not under the age of 18 years old, we hereby grant You a personal, non-exclusive, non-transferable, revocable license to access and use the Services (the "License"). You may not reproduce, duplicate, copy, sell, resell or commercially exploit for any purposes, any portion of, use of, or access to the Services. In the unlikely event You fail to comply with these Terms of Use, we may terminate the License without notice and You will no longer be permitted to access or use the Services.
If we become aware of possible violations of these Terms of Use, we may initiate an investigation that may include gathering information from You or any user involved and the examination of other material. We may suspend the provision of our Services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to You, or suspend or terminate Your access to the Services. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected violations of law.
We value Your privacy and understand Your privacy concerns. Please review our Privacy Policy, which also governs Your access to and use of the Services, so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Services You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy. You further understand that any information collected by HER may be transferred to the United States and/or other countries for storage, processing and use by HER and its affiliates.
3.1 Registration Policy. To access the Services, or some of the resources they offer, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Services that You (i) provide correct, current and complete information about Yourself as prompted by the registration form for the Services (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete. You agree that all information You provide to register or otherwise, including without limitation through any interactive features of the Services, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy. You further agree that HER may provide any and all notices, statements, and other communications to You through email to the email address provided in the Registration Data.
3.2 Account Type. There is no charge for creating an individual account ("Individual Account"). The Individual Account is for use by only the individual who opens the account for that individual's personal, non-commercial purposes. In addition to Individual Accounts, HER provides licensed physicians and medical professionals working under the supervision of licensed physicians with the ability to purchase a professional account ("Professional Account"). The Professional Account is for use by the medical practice who purchases the License rights to it for the purpose of assisting in the treatment of patients whose Individual Accounts are linked to the Professional Account. Please see our Fees & Payment Policy for information on the fees, payment provisions, term and additional termination rights for Professional Accounts.
3.3 Linking Accounts. Individual Accounts may be linked to Professional Accounts, with the Individual Account owner's consent. Please see our Consent for Individual Accounts Linked to Professional Accounts, which each Individual Account holder will be required to accept prior to linking of an Individual Account to a Professional Account.
3.4 Account Security. If You create, or are provided with, a user name, password or any other information as part of our security procedures, You agree to treat such information as confidential, and that You will not disclose such information to any other person or entity. You further agree that Your account is personal to You and that You will not provide any other person access to the Services, or any portions of the same, using Your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer or other device so that others are not able to view or record Your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.
The Services may contain links to third party websites ("Linked Sites"). We do not control these Linked Sites and are not responsible for the content of, stability of, or any transmission to or from any Linked Site. HER provides these links to You only as a convenience and the inclusion of any link does not imply any endorsement by HER or any association with the Linked Site's operators, or guarantee that the content contains accurate information. We recommend You review the privacy policies and terms of use posted at any Linked Sites.
5.1 Intellectual Property Rights. The products, services and content offered on or through the Services, as well as their selection and arrangement, are protected by intellectual property rights (the "Intellectual Property Rights"), and any unauthorized use of the Services may violate such Intellectual Property Rights laws and these Terms of Use. HER and its licensors own all right, title and interest in and to the Intellectual Property Rights of the services and content offered on or through the Services. These Terms of Use do not convey or transfer any ownership rights to You. The trademarks, logos and service marks displayed on the Services, including without limitation "SKINSAFE", are the property of HER or other third parties. You are not permitted to use these marks without the prior written consent of HER or such third party that may own the marks. You may not remove or obscure any copyright notice or other proprietary notices contained on the Site, the Application, the Services or any products, services or content retrieved through the Services.
5.2 Your Content. The Services may allow or require You to post data, text, pictures, videos, recordings or other materials and information that will be accessible by visitors to the Site or users of the Services ("Public Content"), or that will only be accessible by You or those designated by You ("Private Content") (Public Content and Private Content, collectively referred to as "Your Content"). As between You and HER, You remain the sole owner of and solely responsible for Your Content. HER does not claim ownership of any of Your Content, but by submitting Your Content, You hereby grant HER a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for HER. HER does not endorse, guarantee, or assume any responsibility, obligation or liability relating to Your Content, including without limitation liability for third-party claims against users of the Services for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. HER reserves the right to remove any of Your Content at any time, with no obligation to notify You of the removal. Publication of any of Your Content is at the sole discretion of HER.
5.3 Rights, Permissions and Consents. If you use a Professional Account, You represent, warrant and covenant that:
a) You have obtained, and will maintain accurate records of, all necessary rights, permissions and consents from each individual you submit information about using the Services, contact or in any other manner communicate with using the Services, as required by all applicable laws and regulations, including without limitation the Health Insurance Portability and Accountability Act, as amended.
b) You have obtained, and will maintain accurate records of, opt in consent from each individual you submit information about using the Services, contact or in any other manner communicate with using the Services, to submit such individual's information and to receive such contact or communication, and that you will remove immediately all information about any such individuals from the HER Services and no longer contact or communicate through the Services with any individual that no longer wishes to authorize your use of the Services with their information or receive your contacts or communications. Notwithstanding the foregoing, we reserve the right to remove immediately from our Service any individual identified to us via network providers as filing a spam report or complaint against you or that contacts us directly to request removal from the Services.
5.4 Prohibited Content. While using the Services, You agree that you will not upload, post, email, transmit or otherwise make available any Public Content or Private Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to Yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or (v) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships.
5.5 Prohibited Conduct. While using the Services, You agree not to engage in any of the following prohibited activities: (i) use, display, mirror or frame the Services, any individual element within the Services, the HER name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent; (ii) access the Services by any means other than through the interface provided by HER and as otherwise expressly authorized under these Terms of Use; (iii) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HER or any of our providers or any other third party (including another user) to protect the Services; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any of Your Content transmitted through the Services; (vi) attempt to access or search the Services or scrape or download any user content from the Services, or otherwise use or upload content to, or create new links, reposts, or referrals in the Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by HER or other generally available third party web browsers; (vii) send or post onto the Services any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; (viii) use any meta tags or other hidden text or metadata utilizing the Services or any HER trademark, logo, or URL without HER's express written consent; (ix) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; (x) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending or posting a virus, overloading, flooding, spamming, or mail-bombing the Services; (xi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Services (including Your account) or Your access to or use of the Services; (xii) collect or store any personally identifiable information from other users of the Services without their express permission; (xiii) stalk or otherwise harass another person or entity; (xiv) impersonate or misrepresent Your affiliation with any person or entity; (xv) violate any applicable law or regulation; or (xvi) encourage or enable any other individual to do any of the activities prohibited in these Terms of Use.
5.6 Transmission of Your Content. The term "Your Content" also includes registration information, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by You or entered electronically in the course of Your use of the Services. You understand that the technical processing and transmission of Your Content (including the possible transmission of Your Content outside its country of origin) may be necessary to Your use of the services and content offered on or through the Site, the Application or Services and consent to HER's interception and storage of Your Content. You understand that You or HER may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned and operated by HER. You agree that HER is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned and operated by HER.
5.7 Copyright Infringement Notification Process. HER abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If You believe that any content included on the Services is Your proprietary work and has been copied in a way that constitutes an infringement of Your copyrights in that work, please immediately notify HER of any such copyright or other Intellectual Property Rights infringement. Similarly, if You believe that Your Content has been inappropriately removed, You may send a counter-notification. In either case, Your written notice should be sent to our designated agent as follows:
DMCA Complaints
Skinsafe Inc.
Attn: DMCA Designated Agent
3104 E Camelback Rd #726
Phoenix, AZ 85016
Fax: 480-315-1447
Email: [email protected]
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. Before sending either a copyright infringement notification or counter-notification, You may wish to contact a lawyer to better understand Your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with HER's rights and obligations under the DMCA and do not constitute legal advice. HER will remove the infringing content, subject to the procedures outlined in the DMCA.
5.7.1 Copyright Infringement Notification. To file a copyright infringement notification with us, You will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5.7.2 Counter-Notification. If Your Content has been taken down, You may elect to send us a counter notice. To be effective Your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult Your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. 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.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
THE SITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE "HER PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE HER PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR SERVERS THAT MAKE THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SITE OR SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE HER PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
YOU ALSO UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THE SERVICES IS NOT INTENDED TO BE, AND YOU WILL NOT USE IT AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU UNDERSTAND AND AGREE THAT NOTHING IN THE SITE IS INTENDED TO BE OR WILL BE TAKEN AS MEDICAL DIAGNOSIS OR TREATMENT. YOU UNDERSTAND THAT THE INFORMATION POSTED ON THE SERVICES HAS BEEN OBTAINED BY REVIEWING PRODUCT LABELS AND, IN SOME CASES, FROM THE MANUFACTURERS OF THE PRODUCTS, BUT HAS NOT BEEN INDEPENDENTLY VERIFIED BY HER. WHILE HER BELIEVES THAT THIS INFORMATION WAS ACCURATE AT THE TIME IT WAS POSTED TO THE SERVICES, YOU UNDERSTAND AND AGREE THAT HER DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION LISTED ON THE SERVICES. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SERVICES, YOU AGREE THAT YOU WILL CONTACT THE MANUFACTURER OF THE PRODUCT DIRECTLY. HER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SITES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY.
ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND DIFFERENT INFORMATION THAN WHAT IS CONTAINED IN THE SERVICES. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PRESENTED IN THE SERVICES AND YOU MUST ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. WHILE HER WORKS TO ENSURE THAT PRODUCT INFORMATION IS CORRECT, IT HAS NOT INDEPENDENTLY VERIFIED THE PRODUCT INFORMATION, AND ON OCCASION, MANUFACTURERS MAY ALTER THEIR INGREDIENTS AND/OR INGREDIENT LISTS. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN THAT CONTAINED IN THE SERVICES. FURTHER, SOME MANUFACTURERS MAY WITHHOLD CERTAIN INGREDIENTS FROM THEIR PRODUCT INGREDIENT LISTS AS TRADE SECRETS, WHICH HER HAS NO WAY OF KNOWING OR IDENTIFYING. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY. CONTENT CONTAINED IN THE SERVICES IS FOR REFERENCE PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, COMPLETENESS AND CORRECTNESS OF THE INFORMATION YOU ENTER INTO OR PROVIDE TO THE SERVICES, INCLUDING WITHOUT LIMITATION, PATIENT ALLERGY CODES (PACS) AND ALLERGENS. HER DOES NOT INDEPENDENTLY VERIFY THE INFORMATION YOU ENTER OR PROVIDE AND HER WILL PROVIDE INFORMATION TO YOU BASED SOLELY ON THE INFORMATION YOU ENTER OR PROVIDE TO HER. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. HER ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS OR THE INFORMATION YOU ENTER OR PROVIDE.
YOU UNDERSTAND AND AGREE THAT THE HER PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A HER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICES.
You agree to indemnify, defend and hold harmless the HER Parties from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by You or any other actions connected with Your use of the Services. Your indemnification obligations include without limitation claims arising out of any of Your Content, as well as any claims arising out of acts or omissions by Your employees or agents, and any other person or entity who gains access to HER's services or content through Your username either with Your permission or as a result of Your failure to use reasonable security measures.
Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, You agree that we are entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and disclosure of information obtained through the Services, which is in addition to any other remedies available at law or in equity.
Except as set forth below, ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE, OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT; provided, however, that the following are exceptions to our agreement to arbitrate our disputes:
a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
You may begin an arbitration proceeding by following the American Arbitration Association’s (AAA’s) filing requirements and mailing a request for arbitration and description of Your claim to our registered agent, [Insert Statutory Agent Information]. The AAA’s Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.
You may opt out of this agreement to arbitrate by providing written notice of Your intention to do so to HER within 60 days of the earlier of Your first use of the Site or Services or Your registration with the Services.
By using the Site or Services, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use (including the Privacy Policy incorporated herein by reference) and any dispute or claim of any sort that might arise between you and HER. The prevailing party in any judicial action to enforce this arbitration agreement shall be entitled to a judgment that includes all fees and costs incurred in such action.
You represent and warrant that You are not (a) located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) listed on any U.S. Government list of prohibited or restricted parties.
A waiver of any breach of any provision of these Terms of Use is not a waiver of any repetition of such breach and will not in any manner affect any other terms or conditions of these Terms of Use. We do not waive any rights by the failure to enforce any provision of these Terms of Use in every instance in which it might apply. In the event that any provision of these Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
We may assign our rights and delegate our duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer Your rights or obligations, in whole or in part, under these Terms of Use to anyone else without our prior written consent.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between You and us.
WITH RESPECT TO THE APPLICATION, EACH OF THE PARTIES HERETO ACKNOWLEDGES THAT NO MOBILE PLATFORM PROVIDER, SUCH AS APPLE INC. ("APPLE") OR GOOGLE INC., HAS ANY OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE OR SUPPORT SERVICES.
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTIES SET FORTH HEREIN, YOU may notify Apple, and Apple will refund the purchase price for the Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
THE MOBILE PLATFORM PROVIDER IS NOT RESPONSIBLE FOR ANY OF YOUR CLAIMS RELATING TO THE APPLICATION, INCLUDING WITHOUT LIMITATION, (a) product liability claims, (b) claims that the application fails to conform to any applicable legal or regulatory requirement, (c) claims arising under any consumer protection of similar legislation, and (d) claims that the application infringes on any third party's intellectual property rights.
each of the parties hereto agree and acknowledge that apple IS A THIRD PARTY BENEFICIARY OF THESE TERMS OF USE, AND THAT, upon YOUR acceptance of theSE terms OF USE, Apple will have the right (and will be deemed to have accepted the right) to enforce THESE TERMS OF USE against YOU as a third party beneficiary hereof.
Last Modified: 8-2-2016
At Skinsafe Inc., a Delaware corporation ("SkinSAFE," "we," "us" or "our"), we understand that your health is a very personal matter, and we appreciate the trust you place in us to treat your information carefully and sensibly. As part of our commitment to honoring your privacy, we provide this policy ("Privacy Policy") to make you aware of the choices you have about the way your information is used and to explain how your information is protected. This Privacy Policy is part of, and governed by, our
Our Privacy Policy answers the following questions:
* When and to whom does this Privacy Policy apply?
* What information do we collect about you and how do we use it?
* Will we share your personal information with third parties?
* What choices do you have about the collection and use of your personal information?
* What security measures do we take to safeguard your personal information?
This Privacy Policy applies to the use of our websites, www.skinsafeproducts.com (collectively, the "Site"), and our products, tools and services related to the Site (including without limitation our mobile and other software applications downloaded from the Site or obtained elsewhere, including our SkinSAFE mobile application) (collectively, the "Services"). This Privacy Policy does not apply to your use of any other apps or websites (including websites you access through the Site or Services or through an advertisement, service or content link). We are not responsible for the privacy practices of other apps or websites, and we encourage you to read each app's or website's privacy policy before providing any information. Also, this Privacy Policy only covers information collected through our Site or Services and does not cover any information collected by us through other means, including without limitation direct mail, paper applications and submitted forms.
Please read this Privacy Policy carefully to understand our policies and practices regarding collection and use of your information, and feel free to email us with any questions or comments at [email protected]. By accessing or using the Site or Services, you agree to this Privacy Policy.
NOTICE REGARDING DISPUTE RESOLUTION: Any disputes or claims arising under this Privacy Policy, or relating in any way to your use of the Site or Services, will be resolved by final and binding arbitration as provided for in our Terms of Use . Unless you opt out , you will only be able to pursue claims against SkinSAFE on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
We may update our Privacy Policy from time to time. If we do, we will post the new privacy policy on this page and, if you are a registered user with an SkinSAFE account and have not opted out of receiving our emails, attempt to email you at the primary email address on your account. However, your continued use of the Site or Services after we make changes is deemed to be your acceptance of those changes, so please check this policy periodically for updates. The date that this Privacy Policy was last revised is identified at the top of the page.
A special note to parents: The Site and Services are not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. We also recommend that parents monitor their children's Internet activities and learn and employ software or other tools which can help their children enjoy the fun and entertainment of an on-line experience without compromising their personal safety or allowing them to use the Internet in a manner inconsistent with their parents' preferences. If you believe we might have any information from or about a child under 18, please contact us at [email protected].
We may collect from you, or you may provide to us, both personal and non-personal information, which we may use to (i) provide you with the Site and Services and their contents, and any other information, products or services that you request from us, (ii) customize the content and advertising you see through the Site or Services, (iii) improve the services we provide to you, (iv) give you notices about your account and when updates are available and (v) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
We have designed certain portions of the Site and Services so that you can view them as a visitor without providing SkinSAFE with any Personal Information or creating an SkinSAFE account. However, certain portions of and activities on the Site and Services may require you to create an SkinSAFE account and become a registered user, including contributing to or commenting on discussion boards and forums, asking or answering health-related questions, sharing health-related information, tips or stories, creating a user profile, or sharing content from the Site or Services via email, SMS or MMS.
We collect information from and about users of our Site and Services: (i) directly from you when you provide it to us; and (ii) automatically when you use the Site or Services.
Information You Provide to Us
When you create an account on the Site or Services, we may ask you to provide personally identifiable information, including a username, email address, birthday, ZIP code, Age, City, State, Country, personal interests, gender, photographs and any other information we might collect that is defined as personal or personally identifiable information under applicable law (collectively, "Personal Information"). This information also may include (i) information you provide by filling out forms on the Site and Service when you register, enter contests and promotions, or report a problem with the Site or Services, (ii) records and copies of correspondence (including SMS, MMS and email messages and phone numbers), if you contact us, (iii) your responses to surveys, (iv) details on transactions you carry out through the Site or Services, or (v) your search queries on the Site or Services. You also may publish or display information on public areas of the Site, Services or related websites ("User Contributions"). As discussed further below, your User Contributions are posted and transmitted to others at your own risk, and we cannot control the actions of third parties with whom you share your User Contributions nor guarantee your User Contributions will not be viewed by unauthorized persons.
Information Collected Automatically and Tracking
We may collect certain aggregate and non-personally identifiable information in the normal course of operating the Site and Services that does not reveal the specific identity of any individual or relate to a single identifiable user.
When you download, access or use the Site or Services, we may automatically collect: (i) device information including your IP address, operating system, hardware ID, mobile network information, and browser type and language, (ii) usage details including access times, traffic data, location data, communication data, resources accessed through the Site and Services and referring website addresses, (iii) stored information including meta data and other information stored on your device, and (iv) location information including real-time information about the location of your device. We also may collect information about your activities over time and across third-party websites, apps or other online services (behavioral tracking). For information related to opting out of certain types of tracking see "Advertising" below. If you do not want us to collect this information, please edit your "Profile Information" to review your information collection options.
We may use information we collect about your location to provide you with more relevant advertising or direct you to nearby experts and service providers that may be able to answer your health-related questions or assist with your health-related needs. However, you must opt-in for us to use your location.
Information Collection Technologies
We use technologies for automatic collection of aggregate and non-personal information. These technologies may include "Cookies", web beacons or other website technology. Cookies are pieces of information sent to and stored on the computer or device you use to access or use the Site or Services. We use cookies to collect anonymous information about your use and help us generate customized content, monitor traffic on our Site and Services, and track entries to our sweepstakes. We do not store any identifying information in any cookies on your computer. Your browser software can be set to reject all cookies or to accept cookies only from our Site or Services. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. However, if you reject our cookies, you may not be able to log in or use certain functions and conveniences of our Site or Services.
To learn more about how we use a third party service with cookies (flash and non-flash) and web beacons to collect and use information on the Site and Services, visit http://www.nielsen-netratings.com/privacy/sitecensus.htm.
Browser Do Not Track Signals
"Do Not Track" signals are signals sent through a browser informing us that you do not want to be tracked. We do not respond to web browser "Do Not Track" signals.
We know how important it is to keep the Personal Information that you have entrusted to us confidential, that's why, except as set forth in this Privacy Policy, we will not rent, sell or share any of your Personal Information with third parties without your consent.
We may disclose aggregated information about our users. Also, we may disclose your Personal Information to: (i) our subsidiaries and affiliates; (ii) contractors, service providers and other third parties we use to support our business and who are contractually bound to keep your Personal Information confidential and only use it for purposes for which we disclose it to them; (iii) to a buyer or other successor to all or substantially all of our assets, or to the assets of any division related hereto, through merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer; (iv) to comply with any court order, law or legal process; (v) to enforce our rights arising from any contracts entered into between you and us; or (vi) if we believe disclosure is necessary or appropriate to protect our rights, property, or safety, or those of our customers or others.
Ads on the Site and Services may come from SkinSAFE or its affiliates or by an SkinSAFE web advertising partner or advertising network. These third-party advertising companies serve ads when you visit our Site and Services and may collect and use aggregate and non-personally identifiable information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
The Network Advertising Initiative (NAI), a self-regulatory organization consisting of online advertising networks, provides an opt-out tool that allows you to opt out of the data collection and targeted ad programs of NAI members. If you would like more information about this practice and your choices about not having this information used by these companies, click here. Furthermore, PrivacyChoice provides an opt-out tool that allows individuals to opt out of tracking by third parties (in addition to NAI members) who may place cookies on your computer. To access more information and these opt out tools, please visit http://www.privacychoice.org/choose.
Whenever reasonably possible, we will offer you choices when we ask for Personal Information and will tell you why we collect different types of information. You may always decline to provide Personal Information to us and/or refuse cookies in your browser, although some features or services may not function properly as a result. SkinSAFE registered users may also modify or remove any of their Personal Information at any time by logging into their account and editing their account information. To access our Account Login page, click here. If you do not want us to use your email address or other contact information for advertising purposes, you can opt out by adjusting your account profile, selecting "unsubscribe" or emailing us directly. We do not control third parties' collection or use of your information for interest-based advertising; however, these third parties may provide you with choices relative to your personal information.
To make it easy for you to make the choices that are right for you, we also provide the following information:
Public & Private:
All stories posted on the Site and Services and other User Contributions are public, but private messaging is for private discussion.
Communications:
Email communication that you send to us via the email links on our Site or Services may be shared with a support representative, employee, or the expert that is most likely to be able to address your inquiry. Please do not provide personal health information in your email unless you are doing so anonymously; regardless, we will only use such information for the purposes of answering your email. From time to time, we may send you service-related emails, such as a welcome e-mail when you register with our Site or Services. If we find your personal question valuable to community discussion, we reserve the right to anonymously post your question on the Site or Services by removing any names or personal identification, including photos and username.
Your Health Questions; Comments; Chat Rooms and Message Boards:
After you register, you can make User Contributions, which includes the ability to ask health-related questions, leave comments and use chat rooms and message boards. By default, your health-related questions, comments, chat room and message board posts and other User Contributions will be associated with your username (i.e. the nickname you created at registration). If you wish to remain anonymous, you need to make sure that the details of your personal health story, health-related questions, chat room and message board posts or other User Contributions do not allow someone to indirectly identify you. You may also remain anonymous by turning on the 'Use SkinSAFE Anonymously' option in account settings asking your health-related question, commenting, posting to a chat room or message board or making other User Contributions.
Remember that all information visible on our Site is visible to and may be reviewed by search engines and may be made public. Thus, you should be aware that any Personal Information you disclose in these interactive areas may be collected and used by other internet users. We make no representations and undertake no obligations as to the security of information you disclose in these interactive areas. You disclose such information at your own risk.
Send-to-a-friend tools:
The Site or Services may, from time to time, include a send-to-a-friend or similar application that makes it easy for you to forward information or materials from our Site or Services to friends or family by email. In order to address your email message, the application will ask you to input the recipient's email address and/or similar information (including your email address). This information is only used by the application to address your message so that it can be properly sent. SkinSAFE does not retain any of this information for any purpose.
Promotional elements:
The Site or Services, from time to time, may support a pop-up or promotional element that may request information. This information is public information and may be used by SkinSAFE or an advertiser or sponsor. If you wish to remain anonymous, you need to make sure you don't share Personal Information.
We implement measures designed to protect your personal information from accidental loss or unauthorized access, use, alteration or disclosure. However, the safety and security of your information also depends on you. We urge you to protect your user information and password and to be careful about giving out information in public areas of the Site or Services, which may be viewed by other users of the Site or Services.
Unfortunately, transmitting information via the internet and mobile platforms is not completely secure. We cannot guarantee the security of your Personal Information when transmitted through our Site or Services. Any transmission of personal information is at your own risk, and we are not responsible for circumvention of any privacy settings or security measures we provide or any consequences resulting from inappropriate, malicious or criminal actions directed against our Site, Services or servers or the Personal Information of our users.
We are based in the United States and the information we collect is governed by U.S. law. If you are visiting the Site or using the Services from outside the United States, please be aware that information we collect through the Site will be transferred to, and processed in, the United States. By using the Site, you acknowledge and consent to the transfer and processing of your personal information in the United States as described in this Privacy Policy. The data protection laws and regulations applicable to your personal information transferred to the United States may be different from the laws in your country of residence.
SkinSAFE is the data controller of the personal information you provide directly to us through our Site or the Services. You may contact SkinSAFE at [email protected]. If you originally provided your personal information to a third party who is using SkinSAFE’s Services as the data controller and/or data processor of your personal information, then EmpowerHer is acting as a data processor or sub-processor, and you should then contact such third party company or organization with your inquiries about your personal information.
Legal Basis for Processing (EEA only)
If you are an individual from the European Economic Area (“EEA”), our legal basis for collecting and using your personal information will depend on the information concerned and the specific context in which we collect and use it. We process personal information in various ways depending upon the use of the Site and the Services. We process personal information on the following legal bases: (1) with your consent; (2) as necessary to perform a contract when we are requested to provide services or products, including the Services; and (3) as necessary for our legitimate interests in improving our Site enhancing our Services and products and providing you with marketing materials and other information. We may also obtain personal information where we need to provide Services to a healthcare professional or a business entity under an agreement with such professional or entity, in which case we may be acting as a data processor or sub-processor.
Data Retention
We will retain your personal information as long as necessary for purposes for which the personal information was collected and is used by us, as stated in this Privacy Policy. If you wish to cancel your account or request that we no longer use your personal information to provide the Services to you please contact us at [email protected]. However, if you withdraw consent or otherwise object to our collection, use and disclosure of your personal information, you may not be able to use the Services. Further, to the extent permitted by applicable law, we will retain and use your personal data as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.
Your Rights under the EU Privacy Law
If you are an individual in a European Union member state or in an EEA country, you generally have the following rights:
Right to Lodge a Complaint
You have the right to lodge a complaint about our data collection and processing actions with respect to the personal information we collected directly from you through the Site with the data protection authority in the jurisdiction where you reside.
Right to Deletion
You have the right to request that personal information we obtained directly from you through the Site be deleted or erased. If deletion of your personal information should not be possible for technical or legal reasons, we may block the respective data instead. To request deletion or blocking of personal information, or revoke previously granted consent, please contact us at [email protected].
Right to Data Portability
You have the right to request that the personal information you have provided directly to us through the Site, which we process by automated means, be provided to you or another controller in a structured, commonly used and machine-readable format.
Transfers
We are headquartered in the United States of America. Personal information may be accessed by us or transferred to us in the United States. By providing us with personal information, you consent to this transfer. We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored. By providing us with personal information, you consent to the storage or processing of personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.
This Privacy Policy is subject to and supplements our Terms of Use. So, please also carefully review the Terms of Use before using our Site or Services.
Last Modified: 5-23-2018
If you have purchased a Professional Account, the License hereunder is granted to You for an annual fee (the "Annual Fee"). The Annual Fee is payable in advance, irrevocable and non-refundable except as set forth in these Terms of Use. You will provide HER or its designated payment processing vendor with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to HER. If HER utilizes a third party payment processing vendor, then additional terms and conditions will apply to Your transactions with such vendor.
If You provide credit card information, You authorize HER to charge such credit card for the License, including, for the Initial Term(s) and any Renewal Term(s) as set forth in Section 2.
You agree, understand and confirm that the payment information provided by You will be correct and accurate and you are using a form of payment that You are legally authorized to use for this purpose. You agree that You are liable for any payment or credit card fraud, abuse or unauthorized use by You or others.
Your payment information will not be utilized and shared by us with any third parties other than our payment service unless required by law, regulation or court order.
You shall pay all personal property, sales, use, value-added, withholding and similar taxes (other than taxes on HER's net income) arising from the transactions described in these Terms of Use, even if such amounts are not identified herein. To the extent You are exempt from sales or other taxes, You agree to provide HER, upon request, with the appropriate exemption certificate.
The initial term for your Professional Account shall commence upon the date You accept these Terms of Use in connection with creating your Professional Account and shall continue for 1 year (the "Initial Term"). Upon the expiration of the Initial Term, these Terms of Use shall automatically renew for successive Renewal Terms of equal length as the Initial Term (each a "Renewal Term") unless (i) HER has terminated Your License prior to the commencement of such Renewal Term, (ii) HER terminates Your License upon the expiration of the Initial Term, or (iii) prior to the expiration of Your License, You notify HER that You do not intend to renew Your License.
Last Modified: 7-9-2015
If your health care provider maintains a Professional Account, HER will work with your health care provider to find appropriate dermatological treatments and therapies based on your individual health care condition and characteristics. To best assist in your treatment needs, HER will use the health care information that You input into our platform along with information we receive from Your health care provider to generate a list of dermatological products and therapies Your provider may recommend as part of Your ongoing treatment. By clicking “I agree” You are consenting to the sharing of Your health information by Your health care provider through the Services, allergen information. With information we receive from You and Your health care provider, the Services will generate a list of products and therapies that Your provider can use as part of Your treatment for Your dermatological condition(s). In some cases, we may receive payment from the makers of the products or therapies included on the list generated for Your provider. We may also use information You or Your provider share to assist in the development of new therapies, although any information used or disclosed for such purposes will be deidentified, such that it will not include any information that can be used to identify You or traced back to You. By clicking “I agree” You are consenting to the use and disclosure of Your health information as stated above and acknowledging and agreeing to the terms stated in this Consent for Individual Accounts Linked to Professional Accounts.
Last Modified: 5-23-2018