Terms & Conditions
Welcome to THE SKIN CONSULT, an online platform for personal skincare consultations. These Terms of Use (this “Terms”) govern all use of the websites, applications, content, products and services (individually, a “Service” and collectively, the “Services”), made available by THE SKIN CONSULT, INC., a Delaware corporation, and its subsidiaries and affiliates (collectively, “TSC”), which Services are accessible through TSC’s website at www.theskinconsult.com, any other websites through which TSC makes the Services available, mobile device applications, instant messenger services, Short Message Service, other electronic dialog systems application for mobile devices (collectively, the “Platform”), as links that can be put on other sites, and Services which may be provided by TSC or third party providers in conjunction with Skincare Consultations (as defined below) and the sale of products and services provided through the Platform. TSC may also offer third party content, products or services which are governed by additional or different terms. We may refer to ourselves as “TSC,” “The Skin Consult”, “we,” “us” or “our” in these Terms. In these Terms, the words "including" and "include" mean "including, but not limited to."
These Terms govern your access to and use of the Platform and Services, and constitute a legally binding contractual agreement between you and TSC (“Agreement”). The Agreement consists of the Terms, together with those terms and conditions set forth in TSC’s Privacy Policy (“Privacy Policy” available at www.theskinconsult.com/privacypolicy/). You may have signed an Order form, Services Agreement, or other document with terms and conditions (“Transaction Documents”). These Terms supplement Transaction Documents.
The Services also include everything provided through or as part of the Platform, including your posting and sharing of information, text, images, and any other media that may be viewed by other end users of the Platform and Services or users of other social networking platforms through which sharing may be enabled (“Media”). TO BE CLEAR, THE PLATFORM AND SERVICES DO NOT INCLUDE, AND TSC DOES NOT PROVIDE, ANY SKIN CARE CONSULTATIONS, HEALTHCARE SERVICES, MEDICAL ADVICE OR ENDORSEMENT OF ANY COURSE OF TREATMENT, PROCEDURE, PRODUCT, OR MEDICATION. The Platform may be used to connect Customers with Skincare Consultants who are licensed professionals and providers such as physicians, pharmacists, dieticians, estheticians, who will provide Skincare Consultations and virtual tele health visits through the Platform. The Skincare Consultants are independent providers who are neither our employees nor agents nor representatives. TSC’s role is limited to enabling the Skincare Consultations through the Platform, while the Skincare Consultations themselves are the responsibility of the Skincare Consultant who provides them. If you feel the services provided by the Skincare Consultant do not fit your needs or expectations, you may change to a different Skincare Consultant who provides services through the Platform. Please read carefully these Terms and our Privacy Policy. YOU ACKNOWLEDGE THAT BY USING OR ACCESSING THE PLATFORM AND SERVICES, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT AGREE TO TERMS OR THE AGREEMENT, YOU HAVE NO RIGHT TO OBTAIN INFORMATION FROM OR OTHERWISE CONTINUE USING THE SERVICES OR THE PLATFORM.
By clicking “I accept” or other similar icon (where applicable), or otherwise by using any of the Platform and Services, you accept and agree to be bound by these Terms, including the mandatory arbitration and class action waivers contained below. If you do not agree with any portion of these Terms, then do not click “I accept” or other similar icon and do not use the Platform or Services.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. TSC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Platform or Services or any portion thereof, at any time for any reason.
Terms Used Herein
“Collective Content” means User Content and TSC Content. “Content” means information, text, graphics, images, music, software, audio, video, information or other materials.“Customer or Patient” means a person who uses the Platform or Services for obtaining Skincare Consultations from Skincare Consultants or for the purchase of products and other services through the Platform.
“Media” means all Content and any other media that may be viewed by other Users of the Platform or users of other social networking platforms through which sharing may be enabled.
“Skincare Consultant” means a person or entity who uses Platform or for providing Skincare Consultations to Customers.
“Skincare Consultation” means a consultation provided by Skincare Consultants to Customers or patients, facilitated and enabled through the Platform.
“TSC Content” means all Content that TSC makes available through the Platform or Services, including any Content licensed from a third party, but excluding User Content.
“User” means a person who uses the Platform or Services.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Platform or Services, including, but not limited to User Information and Media.
“User Information” means all information provided by the User in connection with registration of an Account (as defined below), including, but not limited to name, mailing address, home address, telephone number, email, bank account information, payment processing information, username, password, Content related to the User Personal Information including pictures, and other personal information provided by a User.
Account Registration
In order to access certain features of the Platform and Services, you will be required to register for an account with TSC through the Platform (the “Account”). You may only register to join the Platform directly via TSC’s website, including any application for mobile devices, or by logging into your account with certain third-party social media networking sites (“SNS”) (including, but not limited to Facebook, Google or Twitter). You agree to provide accurate, current and complete User Information and keep your Account and to update such information to keep it accurate, current and complete. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for safeguarding your Account password and keeping it secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify TSC of any unauthorized use of your Account.
You may never use another person’s Account or User Information for the Platform and Services without permission. You must notify us immediately of any change in your eligibility to use the Platform and Services, breach of security or unauthorized use of your Account.
If you decide to register through an SNS, we will extract the personal information you have provided to the SNS (such as your “real” name, email address and other information you make publicly available via the SNS) from the account you have with the applicable SNS and use that information to create your Account. The specific information that we extract may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of such personal information about you. By registering an Account using your an SNS, you give us permission to merge your account, and also agree for us to use and publish social network account information in accordance with the settings you have selected with us and with any social network provider. If you register an Account using your existing SNS credentials, you are also subject to the terms, conditions and privacy policies of the applicable social network provider in addition to this Agreement. We are not responsible for any error by any other social network provider.
Use of Platform and Services
Customers.If you are a Customer, certain Services may permit you to provide information to, receive information from, and otherwise interact with a Skincare Consultants. Skincare Consultants, not TSC, will be solely responsible for any skin consultation, advice, care and treatment that is provided or failed to be provided via the Platform or Services. Use of the Platform and Services, including access to any Content, does not create a relationship between you and TSC in connection with your skin care, consultation or treatment. All Content is for informational purposes only and is not a substitute for the professional judgment of a healthcare provider.
You agree that TSC is not responsible or liable for any loss or damage of any sort incurred as the result of any of your interactions with Skincare Consultants or other entities or individuals, whether online or offline. TSC is under no obligation to become involved in any dispute between you and any Skincare Consultants, any other user of the Platform or Services, or any other entity or individual, and you indemnify and release the Indemnified Parties (as defined below) from any and all claims, actions, suits, liabilities, demands, losses, and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the features and services in the Platform and Services. You acknowledge and agree that neither the Platform and Services nor any other products or services provided by TSC “recommend”, “suggest”, or “advise” diagnoses, proper prescribing, or other treatment decisions regarding your skin care or health. Skincare Consultants.
You and any other professionals providing Skincare Consultations have the exclusive responsibility for all acts, decisions or actions with respect to any consultation, advice, recommendations, regiments, care and treatment provided to Customers, and for any other products or services recommended to Customers, all which may be facilitated or enabled through the Platform and Services. TSC does not assume any responsibility for how such services and recommendations provided by Skincare Consultants are rendered, provided or used.
You will not use the Platform or Services to collect, or attempt to collect, personal information about other Users of the Platform or Services for use in violation of any other applicable law.
You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the security, confidentiality, and protection of personally identifying information, as well as your use of the Platform and Services
Children and Minors
The Platform and Services are not intended for or directed to children under 18 years old. If you are between the ages of 13 and 18, you may still use the Services, but you must have a parent or legal guardian provide valid and verifiable consent to your use of the Platform and Services and accept these Terms and any other terms and conditions required by TSC. If we determine that the consent provided is invalid or inadequate, we may suspend or terminate your access to or use of the Services. If you are under the age of 13, your parent or legal guardian may use the Services on your behalf, but you may not use the Platform and Services directly. If you use the Platform and Services as or on behalf of a minor, then “you”, “yours”, and similar terms refer to both: (i) the parent or legal guardian who provides consent to the use of the Services by such minor or uses the Platform and Services on behalf of such minor and (ii) the applicable minor.
Intended Use.
This Platform and Services are intended for use only by residents of the United States of America (excluding unincorporated territories, Puerto Rico and Guam). If you access or use the Platform or Services or contact us from outside of the United States of America: (i) any information you provide to us or that we collect will be transferred to the United States of America; and (ii) by using the Services or submitting information, you authorize its transfer to and processing in and outside of the United States of America in accordance with these Terms, including the Privacy Policy.
Prohibited Uses.
You are solely responsible for your communications on and your use of the Platform and Services. You agree not to do any of the following: (1) Post, upload, publish, submit or transmit any Content or use the Platform or Services in a way that: (i) is libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic; (ii) encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vi) promotes illegal or harmful activities or substances; (vii) threatens, harasses, or otherwise violates the legal rights (including rights of privacy and publicity) of others; (2) Post or transmit any Content that infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (3) Violate any local, state, provincial, national, or other law or regulation, or any order of a court; (4) Upload or download files that contain software, marks, logos, data, images, content or other material or Content protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (5) Upload files that contain a virus or corrupted data; (6) falsify the source or origin of software or other material contained in a file that you upload to the Platform or Services; (7) falsely purport to be an employee or agent of TSC; (8) use the Platform or Services for any commercial or other purposes that are not expressly permitted by these Terms; (9) circumvent, disable or otherwise interfere with security-related features of the Platform and Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform, Services or the Collective Content. (10) collect or store any personally identifiable information from the Platform or Services from other Users without their express permission or transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, User Information; (11) use, display, mirror or frame the Platform, or any individual element within the Site or Services, TSC’s name, any TSC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TSC’s express written consent; (12) copy, store or otherwise access any information contained on the Platform or not expressly permitted by these Terms; (13) interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (14) register for more than one Account or register on behalf of an individual other than yourself; (15) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (16) systematically retrieve data or other content from our Platform or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; (17) attempt to probe, scan, or test the vulnerability of any TSC system or network or breach any security or authentication measures; (18) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TSC or any of TSC’s providers or any other third-party (including another user) to protect the Platform, Services, or Collective Content; (19) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, Services, or Collective Content.User Content and Media.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content and Media. By making available any User Content and Media on or through the Platform and Services, you hereby grant to TSC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, prepare derivative works of, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content and Media on, through, or by means of the Platform and Services, including without limitation for purposes of developing, improving and testing the TSC’s algorithms, products and services in any media formats and through any media channels. Media you submit to Third-Party Services (as defined in below) through the Platform and Services is subject to the terms and conditions of the applicable Third-Party Service. TSC does not claim any ownership rights in any such User Content and Media and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content or Media.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content and Media that you make available through the Platform and Services or you have all rights, licenses, consents and releases that are necessary to grant to TSC the rights in such User Content and Media, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or TSC’s use of the User Content (or any portion thereof) on, through or by means of the Platform and the Services will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. [Please review our Privacy Policy [hyperlink] for details about how we use your Personal Information and Protected Health Information (both as defined in the Privacy Policy) contained in User Content, including those that are submitted through those Platform and Services designed to receive User Content such as google, facebook.] [Do not disclose any personal, identifying, or health information in your User Content (other than User Information that are submitted through those Services designed for such User Content, such as the google, facebook.]
Media.
The Platform and Services allows you and other users to post and share Media through the Platform and such other channels as may be enabled by the TSC. You understand that all Media is available only on an “as-available” basis and TSC does not guarantee that the availability of the Platform and Services will be uninterrupted or bug free. You agree you are responsible for all of your Media and all activities that occur under your user account. Some or all of your Media may be removed at any time, for any reason or for no reason and without notice. Without limiting the foregoing, your Media may be removed if TSC determines (in its sole discretion) that its content is inappropriate or if it is the subject of flagging by other Users.
Technology Requirements.
You are solely responsible for providing and maintaining, at your own risk, option, and expense, appropriate software, hardware, and other technology needed for you to receive and use the Platform and Services, which must comply with any technical, quality, or other requirements we publish or otherwise make available. We may change these requirements at any time upon publication or other notice, with or without prior notice. You acknowledge that TSC is not responsible for the safeguarding, loss, or recovery of any data stored on your hardware. For example, use of the Platform and Services on a mobile device requires a compatible mobile device with at least a certain version of the applicable operating system and internet access. You are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as for complying with the terms of your agreement with your mobile device, internet service, telecommunications, other service providers, and software and app licensors.
Modification or Changes to the Platform and Services
TSC reserves the right, at its sole discretion, to modify the Platform or Services or to modify or amend these Terms at any time and without prior notice. We may, with or without notice, and without liability to you or any other user: (i) modify, suspend, or terminate the operation of, or any feature of, the Platform and Services; (ii) restrict, limit, suspend, or terminate your and any other User’s access to the Platform and Services; (iii) monitor any User’s use of the Platform and Services, including to verify compliance with these Terms; (iv) investigate any suspected or alleged misuse of the Platform and Services and cooperate with any law enforcement or other governmental entity or any other third parties in such investigation; and (v) disclose information about any User’s use of the Platform and Services in connection with a law enforcement or other governmental entity investigation of alleged illegal activity or in response to a court order or subpoena.
If we modify these Terms, we will post the modification on the Platform or the amended policies or supplemental terms on the applicable Service(s). We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Platform or Services after we have posted a modification on the Platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Platform and Services.
Termination
You may terminate your use of the Platform and Services by ceasing to use the Platform and Services. You acknowledge and agree that: (i) TSC may, at any time and without liability, terminate or suspend your access to the Platform and Services, in whole or in part, for any reason, including if TSC determines that you have violated these Terms, a Transaction Document, or any applicable law; (ii) such termination or suspension may happen without prior notice; and (iii) in the event of such termination or suspension, TSC may immediately deactivate and terminate your account and remove (or block your further access to) all Submissions stored in or associated with your account. Upon any termination of these Terms: (i) all rights granted to you under these Terms will cease; and (ii) you must cease all use of the Platform and Services. Any provisions of these Terms that, by their nature should survive the termination of these Terms, will survive.
Ownership & Proprietary Rights
The Platform and Services are protected copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws of the United States and foreign countries. As between you and TSC, TSC owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Platform, the Services, the TSC Content, the software and technology used by TSC to provide Platform and Services features and functionality, and all usage and other data generated or collected in connection with the use thereof (the “TSC Materials”). Except for as may be expressly set forth herein, you agree not to reverse engineer, decompile, disassemble, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the TSC Materials. If you provide TSC with any ideas, feedback or suggestions regarding the Platform and Services (“Feedback”), you hereby assign to TSC all right, title and interest in and to such Feedback and acknowledge that TSC shall have the right to exploit such Feedback and related information in any manner it deems appropriate on a worldwide, perpetual basis without payment of any compensation to you.All trademarks, service marks, logos, trade names and any other proprietary designations of TSC used herein are trademarks or registered trademarks of TSC. All other trademarks not owned by TSC or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TSC.
Third-Party Services
The Platform and Services may contain links or provide access to third-party websites, products, and services (“Third-Party Service(s)”). TSC does not approve, sponsor, or endorse any Third-Party Services, even if we link or provide access to them or list them on a Platform or Services. TSC is not responsible for and makes no representations or warranties, express or implied, regarding any Third-Party Services. You access and use Third-Party Services solely at your own risk. Third-Party Services may be subject to other terms and conditions and privacy policies (collectively, “Third-Party Services Terms”). You will look solely to, and must bring any rights, claims, or actions you may have related to a Third-Party Service directly against, the provider of that Third-Party Service.
Furthermore, the Platform and Services may include features or functionality that or may include features or functionality that interoperate with Third Party Services, pursuant to agreements between TSC and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Third Party Operators”) or through application programming interfaces or other means of interoperability made generally available by the Third Party Operators (“Third-Party APIs”) which TSC does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time. TSC shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Platform and Services in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service.
Third-Party Products and Sites
Skincare Consultants and Users of the Platform and Services may provide recommendations for skin regimens or otherwise reference ,recommend third party products and send prescription to your pharmacy in certain states if your consultant is a medical provider and licensed in state of service. The Platform and Services may also include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties for the purchase of products and services. TSC does not approve, sponsor, or endorse any products and services, even if we link or provide access to them or list them on a Platform or Services. TSC is not responsible for and makes no representations or warranties, express or implied, regarding any products and services recommended by Skincare Consultants and Users of the Platform and Services, and you agree that TSC is not responsible and shall have no liability for the content of such third-party products, sites and services, or products or services made available through such third party sites and services, or your use of or interaction with such third party sites or services.
No Warranty or Guaranty
BY AGREEING TO THIS AGREEMENT AND TERMS, AND/OR USING THE PLATFORM AND SERVICES, YOU EXPRESSLY AGREE AND ACKNOWLEDGE USE OF THE PLATFORM AND SERVICES HAS NO GUARANTEED OUTCOME OR RESULTS. DO NOT RELY ON THE PLATFORM AND SERVICES AS A MEANS TO GUARANTEE CHANGES TO YOUR PERSONAL APPEARANCE OR SKIN OR IN CONNECTION WITH PREVENTING, DIAGNOSING OR TREATING ANY DISEASE OR CONDITION. USE OF THE PLATFORM AND SERVICES IS NOT A SUBSTITUTE FOR MEDICAL ADVICE REGARDING ANY KNOWN OR SUSPECTED HEALTH CONDITION, INCLUDING WITHOUT LIMITATION, ANY DERMATOLOGICAL CONDITION. IF YOU SUSPECT THAT YOU HAVE A HEALTH OR SKIN CONDITION, SEE A MEDICAL PROVIDER IMMEDIATELY. UNDER NO CIRCUMSTANCES WILL TSC BE HELD RESPONSIBLE FOR ANY HARM OR LIABILITY ARISING FROM OR RELATED TO THE MEDIA, YOUR USE OF THIRD PARTY PRODUCTS, OR YOUR FAILURE TO SEEK PROMPT MEDICAL ATTENTION, REGARDLESS OF WHETHER THE FOREGOING RESULTS IN BODILY HARM, DEATH OR OTHER DAMAGE OR LIABILITY. THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, TSC MAKES NO AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. TSC DOES NOT WARRANT: (i) THAT THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (ii) THAT ANY DEFECT OR ERROR WILL BE CORRECTED; (iii) THAT THE PLATFORM AND SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iv) THAT ANY CONTENT OR INFORMATION PROVIDED BY OR THROUGH THE PLATFORM AND SERVICES WILL BE CURRENT OR ACCURATE; (v) AGAINST ANY LOSS OR CORRUPTION OF ANY DATA OR SUBMISSIONS; OR (vi) THAT A PARTICULAR PRODUCT, SERVICE, OR PROVIDER IN CONNECTION WITH THE PLATFORM AND SERVICES WILL BE AVAILABLE TO YOU. ANY CONTENT OR INFORMATION PROVIDED BY OR THROUGH THE PLATFORM AND SERVICES IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL, AND JUDGMENT OF HEALTHCARE PROFESSIONALS. YOUR USE OF THE PLATFORM AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
Tele-Medicine
Some of our Services may include a tele-health online solution that allows participating medical professionals and health care staff (“Providers”) to communicate with their clients, customers and/or patients (collectively, “Patients”) to provide health care related services online and perform virtual house calls via Internet connection. We are not responsible for internet connectivity or lack thereof or problems or issues related to the use thereof. We are not a medical service provider, health insurance company, nor licensed to sell health insurance. The Services are not intended for use by Providers and/or Patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring.
The Providers who deliver services through our Service are independent professionals practicing within a group of independently owned professional practices. We do not practice medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his, her or their services and compliance with the requirements applicable to his/her/their profession and license.
Information provided by Providers and/or Patients is merely transmitted via the Services, not verified or endorsed by us, and is provided on an “as-is” basis and we disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. We shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Service user) in reliance on information about Providers or Patients on the Service.
You hereby certify that you are not a Medicare or Medicaid beneficiary. If you provide false or deceptive information to us, including without limitation regarding your Medicare or Medicaid enrollment status, we reserve the right to terminate all current or future use of the Services by you.
A health care provider’s ability to use our services is not an endorsement or recommendation of that health care provider by us. Neither we nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Provider via the Services. The medical advice provided by your Provider is not under our control, nor is it provided to you by us. If you are a Patient, you accept responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold us liable in any way for any malpractice or substandard treatment the Provider may render.
We reserve the right, but not the obligation, to confirm certain credentials of Providers using our Services, such as validating that they are in good standing with their respective licensure board(s). The Providers utilizing or featured on the Service are independent practitioners practicing on their own behalf, not our employees. Any opinions, advice, or information expressed by a health care facility, professional or specialist or other Provider using or featured on the Service are of the facility, professional, specialist or other Provider alone. They do not reflect our opinions.
We do not recommend or endorse any specific tests, Providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by a Provider or licensee of ours. We do not make any representations or warranties about the training or skill of any Providers who provide services via the Service. You will be provided with a list of available providers located in the U. S. based solely on the information you provide to us. You are ultimately responsible for choosing your particular Provider. The inclusion of Providers on the Service or in any professional directory located on the Service does not imply recommendation or endorsement of such Provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Provider contained therein.
To the extent medical advice is provided to you by a Provider through the Services, such medical advice is based on your personal health data as provided by you to the Provider and the local standards of care for your presenting symptoms, based on the information you provide.
Patients may be required to provide certain Personal Information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. Patients may also provide certain optional information, including middle name or initial, home phone and other contact info, pharmacy name and contact details, picture and communications preferences. In addition, the Patient can communicate other health-related information to the Provider during a video consultation via the Services. Patient medication history is a list of prescriptions that healthcare providers have prescribed for you. A variety of sources, including pharmacies and health insurers, contribute to the collection of this history. By using the Services, you give your permission to allow your particular Provider to obtain your medication history, specifically for use in providing care. Optional information is not required to register for an account but may be helpful to us in providing you with a more customized experience when using the Site or its Services.
The use of the Service by any entity or individual to verify the credentials of Providers is prohibited.
INFORMED CONSENT & RISKS. As with any medical procedure, there are potential risks associated with the use of telemedicine or any other Services. We believe that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following: Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment which may include poor video and data quality. Security protocols could fail, causing a breach of privacy of personal medical information. Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.
You understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine. You understand that telemedicine may involve electronic communication of your personal medical information to medical practitioners who may be located in other areas, including out of state. You understand that you may expect the anticipated benefits from the use of telemedicine, but that no results can be guaranteed or assured. You understand that all information will be part of your medical record and available to you by printing the summary from the visit. This information will have the same restrictions on dissemination without your consent. Except to the extent already relied upon, you understand you may withdraw your consent at any time by contacting us as set forth herein to withdraw your consent and inactivate your account. You understand that your healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes. BY USING THE SERVICES AND/OR AGREEING TO THESE TERMS, YOU AGREE AND CONSENT THAT YOU HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED HEREIN, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEMEDICINE, AND BY ACCEPTING THESE TERMS OF USE YOU HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEMEDICINE VISIT UNDER THE TERMS DESCRIBED HEREIN. YOU ARE CONSENTING TO RECEIVING CARE VIA THE SERVICE. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE PROVIDER WHO IS TREATING YOU, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT, OR PRESCRIPTION. THE PROVIDER WILL DETERMINE WHETHER OR NOT THE CONDITION BEING DIAGNOSED AND/OR TREATED IS APPROPRIATE FOR A TELEHEALTH ENCOUNTER VIA THE SERVICE.
No Medical Advice
The Platform and Services may lead to your receiving certain recommendations for skin care from Skincare Consultants based upon your User Content and Media, video call and other information you input into the Platform and Services. Additionally, you may engage with other Users or the Skincare Consultants via the Platform and Services and receive input regarding your skin condition and beauty regimens. Skincare Consultants, not TSC, will be solely responsible for any skin consultation, advice, care and treatment that is provided or failed to be provided via the Platform or Services. You agree and acknowledge that all such regimens, recommendations, input and other information on the Platform and Services are for informational purposes only, and have not been evaluated or approved of by the U.S. Food and Drug Administration or any other regulatory agency. Nothing on the Platform and Services is meant to substitute for any medical advice provided by your physician, and you should not use the information contained herein for preventing, diagnosing or treating a health problem, disease or condition. Your skin care decisions are your sole responsibility, and the skin consult will not be held responsible for any negative consequences, including bodily harm, that result from recommended treatments, skin sensitivities or medical conditions. Not all Skincare Consultants are trained medical professionals and do not give medical advice such as estheticians, pharmacists and dieticians. If you may have a health condition, including, without limitation, a dermatological condition, you should seek prompt medical attention. If you believe the regimen you are following is causing you harm, you should stop immediately and seek medical attention.
Limitations of Liability
IN NO EVENT WILL TSC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS, CONTRACTORS, OR CONSULTANTS BE LIABLE TO YOU, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY) FOR: (i) ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR (ii) DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS EXCEEDING, IN THE AGGREGATE FOR ALL CLAIMS, THE GREATER OF: (a) THE AMOUNTS PAID BY YOU, IF ANY, FOR THE SERVICES ASSOCIATED WITH THE CLAIM IN THE 3 MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH CLAIM OR (b) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THESE TERMS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
EXCEPT TO EXTENT PROHIBITED BY APPLICABLE LAW, TSC’S LIABILITY TO YOU IS LIMITED AS SET FORTH IN THIS SECTION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification & Release
In addition to any indemnification obligations you may have, you will indemnify us (which, as a reminder, includes affiliates) and our respective officers, directors, employees, agents, representatives, advisors, contractors, and consultants (collectively, “Indemnified Parties”) from and against any and all claims, actions, suits, demands, liabilities, damages, losses, penalties, interest, fines, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to: (i) your use of, your inability to use, or your reliance upon the Platform and Services or any of its components or any other products or services provided through the Platform and Services; (ii) your User Content, Media and Feedback; (iii) non-payment for any of the services which were provided through the Platform; (iv) your violation of any Third Party Services or any other third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; and (iii) your violation of these Terms, the Transaction Documents, or any applicable law. You agree to provide us with such cooperation as we reasonably request related to any such claims, actions, suits, or demands.
Mobile Message Service Terms and Conditions
The Skin Consult mobile message service (the "Service") is operated by The Skin Consult, Inc (“TSC ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from TSC via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to [insert your sending number] to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other TSC mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 616-0530 or email suppot@theskinconsult.com We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Limitation of Claims; Agreement to Arbitrate
Agreement to Arbitrate.
This Section is referred to herein as the Arbitration Agreement. The parties agree that any and all Disputes between you and TSC arising out of, relating to, or resulting from this Agreement (unless excluded under this Section), shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. “Dispute” means disputes, claims, suits, actions, causes of action, controversies, demands, or proceedings arising out of or related to these Terms or the Platform and Services in any way, whether directly or indirectly, or to the relationship between the parties resulting from these Terms or the Platform and Services. If you are a Skincare Consultant, dispute resolution is instead addressed in and subject to the Transaction Documents.
Waiver of Jury Trial.
BY ENTERING INTO THESE TERMS, THE PARTIES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Class Action Waiver.
THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Exclusions.
This Arbitration Agreement does not preclude any party from seeking a preliminary injunction or temporary restraining order, pending arbitration, in any court that has competent jurisdiction. Nor does this Arbitration Agreement bar a party from bringing issues to the attention of federal, state, or local agencies.
Notice of Disputes.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If either you or TSC intends to seek arbitration of a Dispute, then that party must provide the other with notice in writing. The notice to TSC should be sent to the following address: The Skin Consult, Inc., Attn: 200 Riverwind Drive East. Suite 201. Pearl, MS 39208. TSC will send notice to you at the mailing address or email address associated with your Account, if applicable. Your notice to TSC must: (i) provide your name, mailing address, and email address; (ii) describe the Dispute; and (iii) set forth the relief you are requesting. If the parties are unable to reach an agreement to resolve the Dispute within 60 days after the notice is received, the party that sent the notice may commence arbitration.
Procedures.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (AAA) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in above. You may visit www.adr.org [hyperlink] for information on the AAA and www.adr.org/fileacase [hyperlink] for information on how to file a claim against TSC.
Venue.
The arbitration shall be held in rankin county,MS or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or TSC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
Governing Law.
The arbitrator will decide the substance of all claims in accordance with the laws of the state of Mississippi, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
Confidentiality.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability.
If a court decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.
Claims.
YOU AND TSC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous
Electronic Communications and Electronic Signatures.
When you communicate with TSC through the Platform or send us e-mail, you are communicating with us electronically. You hereby: (a) consent to receive communications from TSC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect any rights you may have which cannot be waived under applicable law.
You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon, “click-through” or similar act/action while using any electronic services we offer; or in accessing or making any transactions regarding any document, agreement, approval, acknowledgement, consent, term, disclosure, or condition constitutes your signature, acceptance and agreement as if actually signed by you in writing whether online through the Platform, in emails, or in other digital, pdf or facsimile formal, or otherwise. To that end, you agree that any such forms of approval from you shall be effective and binding upon you, in the same manner as a handwritten signature, and enforced as originals. Further, you agree that no certification authority or other third party verification is necessary to validate your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or resulting contract between you and TSC.
Governing Law; Venue.
These Terms and any Dispute between you and TSC arising out of or relating to the Platform and Services or these Terms will be governed by and construed in accordance with the laws of the State of Mississippi, without regard to any provision of Mississippi law that would require or permit the application of the substantive law of another jurisdiction. Any Dispute between the parties that is not subject to arbitration, will be resolved on an individual basis in the state or federal courts located in the State of Mississippi, in rankin County, Mississippi so long as one of such courts shall have subject-matter jurisdiction over such suit, action or proceeding.
Waiver.
A waiver of a provision of these Terms must be in writing and signed by the party entitled to the benefit of such provision. TSC’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability.
If any provision of these Terms is declared void or unenforceable by any judicial or administrative authority, the parties will replace such provision with a substitute that as closely as possible reflects the parties’ original intent (including economics and allocations of risk) and is enforceable, and the validity of the other provisions and of these Terms as a whole will not be affected.
Force Majeure.
TSC will not be liable for failure or delay in performing its obligations if such failure or delay is due to a force majeure event or other circumstances beyond TSC’s reasonable control, including acts of any governmental body, war, cyber war or attack, terrorism, insurrection, sabotage, embargo, pandemic, government closure, fire, flood, severe weather, earthquake, tornado, hurricane, labor disturbance, interruption of or delay in the internet or transportation, unavailability of third-party services, failure of third-party software or services, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Platform and Services, or any other products or services contemplated by these Terms or any of the Transaction Documents.
Questions and Comments.
If you have any questions, complaints or claims with respect to the Platform or Services, you may contact The Skin Consult at support@theskinconsult.com
Disclosures.
The Platform and Services are offered by The Skin Consult, Inc. (and its affiliates), located at 158 Bridgewater Xing. Ridgeland, MS 39157, email: support@theskinconsult, If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.