SKINTRUST SOCIETY TERMS OF SERVICE AND USER AGREEMENT
Last Updated Sept 01, 2020. This policy updates and overrides any pre-existing policies found on any SkinTRUST Society properties.
NO ACCESS TO EMERGENCY OR MEDICAL SERVICES: Our Services, as defined below, do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
THESE TERMS are an Agreement between SkinTRUST Society, LLC., (“SkinTRUST Society”) and each User (“User”) of the SkinTRUST Society mobile applications, services, features, software, databases, or website (the “SkinTRUST Society Platform”). All users are required to review and be bound by these Terms in order to participate on the SkinTRUST Society Platform. By accessing, installing, or using the SkinTRUST Society Platform, you hereby agree to and accept these Terms in full. If you disagree with any portion of thESE TERMS, you cannot participate as a USER of the SkinTRUST Society PLATFORM. PLEASE CAREFULLY REVIEW THESE TERMS BECAUSE THEY IMPACT YOUR RIGHTS, RELIEF, AND LIABILITY.
Scope of SkinTRUST Society Services. The SkinTRUST Society Platform provides the first American cosmetic product verification program by dermatologists; general skin product and skin related information; and may also engage in any other activities from time to time that may be provided on the SkinTRUST Society Platform, which along with other features, software, databases, subscription, mobile applications, social media, and the website, collectively comprise SkinTRUST Society’s “Services.” As the provider of the SkinTRUST Society Platform, SkinTRUST Society is not acting as an agent in any capacity for any User. SkinTRUST Society has no control over and does not guarantee the existence, quality, safety, suitability, or accuracy of any messages or chats sent or received through the SkinTRUST Society Platform. You should always exercise due diligence and care when deciding whether to communicate and interact with other Users, whether online or in person. If you choose to use the SkinTRUST Society Platform, your relationship with SkinTRUST Society is limited to being an independent third-party, and not an employee, agent, joint venture, or partner of SkinTRUST Society for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of SkinTRUST Society. The SkinTRUST Society Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy policies. SkinTRUST Society is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by SkinTRUST Society of such Third-Party Services. Due to the nature of the Internet, SkinTRUST Society cannot guarantee the continuous and uninterrupted availability and accessibility of the SkinTRUST Society Platform. SkinTRUST Society may restrict the availability of the SkinTRUST Society Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the SkinTRUST Society Platform. SkinTRUST Society may improve/enhance and modify the SkinTRUST Society Platform and introduce new Services from time to time. The contents of the SkinTRUST Society Platform are for informational purposes only and are not intended to replace consultation with a qualified physician for medical advice, diagnosis, or treatment. The exchange of personal medical information is strictly prohibited on this site. We do not answer specific medical questions. The content and information provided is not patient specific and not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please seek guidance from your physician or other qualified health provider with any questions you may have regarding a medical condition. If you have known allergies to specific ingredients or have underlying skin conditions, please contact your physician for guidance. Never disregard professional medical advice or delay in seeking it because of something you have read or viewed here. Reliance on any information provided here is solely at your own risk.
Eligibility, Using the SkinTRUST Society Platform, User Verification. You must be at least 18 years old to access and use the SkinTRUST Society Platform. By accessing or using the SkinTRUST Society Platform, you represent and warrant that you are 18 years of age or older. SkinTRUST Society may make access to and use of the SkinTRUST Society Platform, or certain areas or features of the SkinTRUST Society Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, or messaging, communication, or response history. User verification on the Internet is difficult and SkinTRUST Society does not assume any responsibility for the confirmation of any User’s identity.
Modification of These Terms. SkinTRUST Society reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to the Terms, we will post the revised terms on the SkinTRUST Society Platform and update the “Last Updated” date at the top of them. If you disagree with the revised Terms, you must terminate your participation in the SkinTRUST Society Platform with immediate effect by deleting your account and ceasing all use of the SkinTRUST Society Services. If you do not terminate your use before the date the revised Terms become effective, your continued access to or use of the SkinTRUST Society Platform will constitute acceptance of the revised Terms.
Account Registration; Acceptable Devices or Software. You may be required to register an account (“SkinTRUST Society Account“) to access and use certain features of the SkinTRUST Society Platform. If you are registering a SkinTRUST Society Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. You may register SkinTRUST Society Account using an email address and creating a username and password. You may be asked to provide additional information during the registration process for your SkinTRUST Society Account including, but not limited to, your location, and other various preferences. You must provide accurate, current and complete information during the registration process and keep your SkinTRUST Society Account and profile page information up-to-date at all times. You cannot register more than one SkinTRUST Society Account unless SkinTRUST Society authorizes you to do so. You may not assign or otherwise transfer your SkinTRUST Society Account to another party. You are responsible for maintaining the confidentiality and security of your SkinTRUST Society Account credentials and may not disclose your credentials to any third party. You must immediately notify SkinTRUST Society if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your SkinTRUST Society Account. You are liable for any and all activities conducted through your SkinTRUST Society Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). SkinTRUST Society is not responsible, nor liable, directly or indirectly, for any download, installation, use, transmission failure, interruption, or delay of the SkinTRUST Society Services or the SkinTRUST Society Platform, or any third-party content, services, or advertisements due to data, connectivity, or other internet issues due to such devices, software, and data connections. SkinTRUST Society is likewise not responsible, nor liable, directly or indirectly, for any data charges or service fees associated with such devices, software, and data connections.
Content. SkinTRUST Society may, at its sole discretion, enable Users to: (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the SkinTRUST Society Platform (“User Content“); and (ii) access and view User Content and any content that SkinTRUST Society itself makes available on or through the SkinTRUST Society Platform, including proprietary SkinTRUST Society content and any content licensed or authorized for use by or through SkinTRUST Society from a third party (“SkinTRUST Society Content” and together with User Content, “Collective Content“). SkinTRUST Society is not responsible for any User Content on the SkinTRUST Society Platform. User Content is uploaded by Users at their own risk and Users must ensure their postings, messages, and chats comply with these Terms. The SkinTRUST Society Platform, SkinTRUST Society Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the SkinTRUST Society Platform and SkinTRUST Society Content, including all associated intellectual property rights, are the exclusive property of SkinTRUST Society and/or its licensors or authorizing third-parties. You will not remove, alter, reproduce, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SkinTRUST Society Platform, SkinTRUST Society Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of SkinTRUST Society used on or in connection with the SkinTRUST Society Platform and SkinTRUST Society Content are trademarks or registered trademarks of SkinTRUST Society in the United States. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the SkinTRUST Society Platform, SkinTRUST Society Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the SkinTRUST Society Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SkinTRUST Society or its licensors, except for the licenses and rights expressly granted in these Terms. Subject to your compliance with these Terms, SkinTRUST Society grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) download and use SkinTRUST Society apps, website, or other parts of the SkinTRUST Society Platform, as they become available, on your personal device(s); and (ii) access and view any Collective Content made available on or through the SkinTRUST Society Platform and accessible to you, solely for your personal and limited permissible commercial use. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the SkinTRUST Society Platform, you grant to SkinTRUST Society a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the SkinTRUST Society Platform in any media or platform. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the SkinTRUST Society Platform, you also grant to SkinTRUST Society a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to such User Content for all marketing, advertising, research, and development purposes, including, without limitation, the provision of such User Content to third-parties as outlined in our Privacy Policy. Unless you provide specific consent, SkinTRUST Society does not claim any ownership rights in any User Content aside from the permissions granted in this Section and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content. You are solely responsible for all User Content that you make available on or through the SkinTRUST Society Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the SkinTRUST Society Platform or you have all rights, licenses, consents and releases that are necessary to grant to SkinTRUST Society the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or SkinTRUST Society’s use of the User Content (or any portion thereof) 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. You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any SkinTRUST Society policy. SkinTRUST Society may, without prior notice, remove or disable access to any User Content that SkinTRUST Society finds to be in violation of these Terms or SkinTRUST Society’s then-current policies or standards, or otherwise may be harmful or objectionable to SkinTRUST Society, its Users, third parties, or property.
Relationship Between SkinTRUST Society, Users, and Third Parties Recommended, Rated, Reviewed, or Otherwise Suggested or Mentioned by Users. SkinTRUST Society is not itself a provider of any services outside the scope of SkinTRUST Society Services and the SkinTRUST Society Platform, and is not affiliated with any User or third party that is recommended, rated, reviewed, or otherwise mentioned or suggested by Users. SkinTRUST Society does not provide any form of medical advice or services. SkinTRUST Society is not involved in the relationship between Users or other third parties. After the SkinTRUST Society Services, SkinTRUST Society is no longer involved in the relationship between ANY PARTY. ANY medical advice, suggestion, or service offered or recommended by a user has not been reviewed, screened, or approved by SkinTRUST Society. should you choose to accept or follow any such advice, suggestion, or recommendation, you agree and acknowledge that you are doing so of your own discretion, and SkinTRUST Society is not responsible for such decision. SKINTRUST SOCIETY DOES NOT GUARANTEE, NOR ARE WE LIABLE FOR, THE OUTCOME OF ANY MESSAGE, CHAT, OR SUGGESTION PROVIDED TO YOU THROUGH THE SKINTRUST SOCIETY PLATFORM.
Currency Used. All transactions on the SkinTRUST Society Platform are in United States currency (USD$). SkinTRUST Society does not provide currency exchange services.
Prohibited Activities. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the SkinTRUST Society Platform. In connection with your use of the SkinTRUST Society Platform, you will not and will not assist or enable others to:
- Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies, or standards;
- Use the SkinTRUST Society Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies SkinTRUST Society endorsement, partnership or otherwise misleads others as to your affiliation with the SkinTRUST Society;
- Copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the SkinTRUST Society Platform in any way that is inconsistent with SkinTRUST Society’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
- Use the SkinTRUST Society Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- Contact another User for any purpose relating to recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- Use, display, mirror, frame, reproduce, alter, or copy the SkinTRUST Society Platform or Collective Content, or any individual element within the SkinTRUST Society Platform, SkinTRUST Society’s name, any SkinTRUST Society trademark, logo, copyrighted material, or other proprietary information, or the layout and design of any page or form contained on a page in the SkinTRUST Society Platform, without SkinTRUST Society’s express written consent;
- Dilute, tarnish or otherwise harm the SkinTRUST Society brand in any way, including through unauthorized use of Collective Content, registering and/or using SkinTRUST Society or derivative terms in domain names, trade names, trademarks, copyrighted material, or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to SkinTRUST Society domains, trademarks, taglines, promotional campaigns or Collective Content;
- Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the SkinTRUST Society Platform for any purpose;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by SkinTRUST Society or any of SkinTRUST Society’s providers or any other third party to protect the SkinTRUST Society Platform;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the SkinTRUST Society Platform;
- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the SkinTRUST Society Platform;
- Export, re-export, import, or transfer the SkinTRUST Society Platform except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone, including but not limited to providing medical advice or suggestions that will cause further harm or trauma.
You acknowledge that SkinTRUST Society has no obligation to monitor the access to or use of the SkinTRUST Society Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to: (i) operate, secure and improve the SkinTRUST Society Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist SkinTRUST Society in good faith, and to provide SkinTRUST Society with such information and take such actions as may be reasonably requested by SkinTRUST Society with respect to any investigation undertaken by SkinTRUST Society or a representative of SkinTRUST Society regarding the use or abuse of the SkinTRUST Society Platform.
Term and Termination. Without limiting our rights specified below, SkinTRUST Society may terminate these Terms and your use of or access to the SkinTRUST Society Services for convenience at any time and for any reason, including:
- Your material breach of your obligations under these Terms;
- Your violation of applicable laws, regulations, or third party rights, or
- If SkinTRUST Society believes in good faith that such action is reasonably necessary to protect the personal safety or property of SkinTRUST Society, its Users, or third parties (for example, in the case of fraudulent behavior of a User).
In addition, SkinTRUST Society may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights; (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the SkinTRUST Society Account registration or thereafter; (iv) SkinTRUST Society becomes aware of or has received complaints about your performance or conduct; or (v) SkinTRUST Society believes in good faith that such action is reasonably necessary to protect the personal safety, health, wellness, or property of SkinTRUST Society, its Users, or third parties, or to prevent fraud or other illegal activity:
- Refuse to surface, delete, or delay any User Content;
- Limit your access to or use of the SkinTRUST Society Platform;
- Temporarily or permanently revoke any special status associated with your SkinTRUST Society Account; or
- Temporarily or permanently suspend your SkinTRUST Society Account.
When these Terms and your use of or access to the SkinTRUST Society Services have been terminated, you are not entitled to a restoration of your SkinTRUST Society Account or any of your User Content. If your access to or use of the SkinTRUST Society Platform has been limited or your SkinTRUST Society Account has been suspended or terminated by us, you may not register a new SkinTRUST Society Account or access and use the SkinTRUST Society Platform through an SkinTRUST Society Account of another User.
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. SKINTRUST MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SKINTRUST SOCIETY PLATFORM, OR ANY WEBSITE LINKED TO SKINTRUST SOCIETY.
SKINTRUST SOCIETY FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY PRODUCTS MADE AVAILABLE TO THE PUBLIC THROUGH ANY SKINTRUST PLATFORM OR E-MAILS, FOR EXAMPLE (BUT NOT LIMITED TO) CONSUMER GUIDES, GIFT BAGS AND THEIR CONTENTS, AND PRODUCT SAMPLE PACKS, INCLUDING EXPRESS WARRANTIES, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
SKINTRUST SOCIETY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY THIRD-PARTY PRODUCTS DISPLAYING SKINTRUST SOCIETY MARKS, INCLUDING BUT NOT LIMITED TO THE SKINTRUST VERIFIEDTM MARK, ON THE PRODUCT’S PACKAGING OR IN ANY MARKETING MATERIALS, INCLUDING EXPRESS WARRANTIES, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “SKINTRUST SOCIETY PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE STATUTE OR LAW WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
SKINTRUST SOCIETY IS NOT A HEALTH CARE OR MEDICAL SERVICES PROVIDER, NOR SHOULD ANY PART OF THE SKINTRUST SOCIETY PLATFORM BE CONSIDERED TO BE PROVIDING MEDICAL ADVICE OR SERVICES. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN DO THAT. ANY MEDICAL, WELLNESS, OR HEALTH INFORMATION OR LINKS FOUND ON THE SKINTRUST SOCIETY PLATFORM, WHETHER PROVIDED BY OTHER USERS OR OTHERWISE ARE INTENDED FOR GENERAL INFORMATIONAL PUPOSES ONLY. THEY ARE NOT INTENDED TO BE RELIED UPON AND NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BASED ON YOUR INDIVIDUAL CONDITION AND CIRCUMSTANCES. THE SKINTRUST SOCIETY PLATFORM IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR HEALTHCARE PROVIDERS. SKINTRUST SOCIETY IS NOT LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES OF YOUR HAVING READ OR BEEN TOLD ABOUT SUCH ADVICE OR OTHER MATERIALS AS YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS.
You agree that you have had whatever opportunity you deem necessary to investigate the SkinTRUST Society Services, laws, rules, or regulations that may be applicable to your use of the SkinTRUST Society Platform and that you are not relying upon any statement of law or fact made by SkinTRUST Society.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Limitation of Liability. THE SKINTRUST SOCIETY PARTIES AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SKINTRUST SOCIETY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SKINTRUST SOCIETY PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification. You agree to release, defend (at SkinTRUST Society’s option), indemnify, and hold SkinTRUST Society and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- Your breach of these Terms or our policies or standards;
- Your improper use of the SkinTRUST Society Platform or any SkinTRUST Society Services;
- Your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction; or
- Your breach of any laws, regulations, or THIRD-PARTY rights.
Choice of Law, Fee-Shifting. If you attempt to bring any legal action against the SkinTRUST Society based in any way on its products or services, including SkinTRUST Society’s web, database, e-mail, and/or mobile application properties, you agree that, in the event you do not prevail or the SkinTRUST Society does prevail, you will reimburse the SkinTRUST Society for any costs and attorney’s fees associated with the SkinTRUST Society’s defense of the action. Use of or access to the SkinTRUST Society Platform and any claim or dispute relating to SkinTRUST Society Platform shall be governed by the laws of the State of Texas, without regard to its conflicts of law principles. Any claims, disputes, or litigation arising in connection with the use of or access to the SkinTRUST Society Platform brought solely in the State of Texas, and you consent to the jurisdiction of such courts. Use of or access to the SkinTRUST Society Platform is unauthorized in any jurisdiction that does not give full effect to all provisions of these terms of service, including without limitation this paragraph. If any provision or portion of these terms and conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire User Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.
Digital Millennium Copyright Act. The Digital Millennium Copyright Act (“DMCA”), as it relates to online service providers, requires removing material that allegedly violates someone’s copyright. SkinTRUST Society respects others’ intellectual property rights, and reserves the right to delete or disable content alleged to be infringing from the SkinTRUST Society Platform and to terminate the accounts of repeat alleged infringers.
If you believe your or someone else’s copyright is being infringed on the SkinTRUST Society Platform, please contact the SkinTRUST Society by e-mail at info@skintrustsociety.org. To provide proper notice, please include in your communication: a physical or electronic signature of a person authorized to act on behalf of the owner(s) of the infringed copyright; identification of the copyrighted work or works you claim have been infringed; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; information reasonably sufficient to permit the SkinTRUST Society to contact you (e.g., physical address, phone number, and e-mail); a statement that you have a good faith belief that use of the material is not authorized by the copyright owner(s); and a statement that information in the complaint is accurate and that you are authorized to act on behalf of the copyright owner(s).
SkinTRUST Society Trademarks. Please be advised that you may not use the SkinTRUST Society’s trademarks, trade names, trade dress, service marks, logos, domain names and similar designations of source or origin (“SkinTRUST Marks”) to develop, manufacture, promote, market, distribute, and/or sell products without first obtaining permission. If you are a company interested in applying for the SkinTRUST Society Verification Mark, please e-mail info@skintrustsociety.org
Governing Law. These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings must be brought in state or federal court in Houston, Texas. You and we both consent to venue and personal jurisdiction in Houston, Texas.
Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between SkinTRUST Society and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between SkinTRUST Society and you in relation to the access to and use of the SkinTRUST Society Platform.
Restriction on Assignability or Transfer. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer, or delegate these Terms and your rights and obligations hereunder without SkinTRUST Society’s prior written consent. SkinTRUST Society may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate these Terms by immediately discontinuing your use of and access to the SkinTRUST Society Services and the SkinTRUST Society Platform at any time remains unaffected.
Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Waivers. SkinTRUST Society’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Notices. Unless specified otherwise, any notices or other communications to Users permitted or required under these Terms, will be in writing and given by SkinTRUST Society via email, SkinTRUST Society Platform notification, or messaging service.
Questions? For questions about the SkinTRUST Society’s Verification Program, including whether your company might be eligible to become a member, please see: https://skintrustsociety.org/get-certified/.
For all other questions or suggestions, including those regarding our Terms and User Agreement, please contact us at: info@skintrustsociety.org.
THIS LEGAL NOTICE IS SUBJECT TO CHANGE WITHOUT NOTICE
