Terms of service – Skyn Aesthetics Group

Terms of service

TERMS OF USE

Skyn Aesthetics Group LLC

Updated as of: November 1, 2020

 

Skyn Aesthetics Group LLC, a Delaware limited liability company (“we, “us”, “our” or “Skyn”), provides you (“you” or “your”) access to its educational services and courses, including its website, available at the entry-point URL https://www.skyn.io/ (the “Site”), and to the information, services and other materials available on and through the Site, (the “Online Courses”, and collectively with the Site, the “Services”), subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Services. 

 

OUR SERVICES ARE OFFERED AND AVAILABLE TO USERS WHO ARE 21 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS. BY USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SKYN, MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS, AND THAT YOUR USE OR ACCESS TO THE SERVICES WITH BE IN COMPLIANCE WITH THESE TERM OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS. IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. ALL COMPANIES AND OTHER LEGAL ENTITIES ARE RESPONSIBLE FOR ITS EMPLOYEES, AGENT AND OTHER REPRESENTATIVES AND FOR EACH OF THEIR COMPLIANCE WITH THESE TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR THE PRIVACY POLICY, OR MEET ANY OF THE FORGOING REQUIREMENTS, YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE OR ACCESS THE SERVICE.

 

YOUR ACCEPTANCE OF THESE TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING OR ACCESSING THE SERVICES OR OTHERWISE ELECTRONICALLY INDICATING YOUR ACCEPTANCE, INCLUDING WITHOUT LIMITATION, BY CLICKING “I ACCEPT,” OR REGISTERING FOR A USER ACCOUNT (AS DEFINED HEREIN) WITH SKYN, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, OUR TERMS AND CONDITIONS OF PURCHASE, FOUND AT [URL]  AND OUR PRIVACY POLICY, FOUND AT [URL], INCORPORATED HEREIN BY REFERENCE, whether you are: (i) a “Visitor” (you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered subscriber), or (ii) a “Subscriber” (meaning that you have registered with Skyn for a User ID and User Password (defined below), and have enrolled in and paid for access to services, products and/or content provided by Skyn (collectively with Visitor, “User” or “you”). 

 

WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU DO NOT AGREE TO ANY OTHER PROVISIONS OF THESE TERMS OF USE OR ANY SECTION THEREOF, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. SKYN’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (1) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, AND (2) YOUR PRE-PAYMENT OF THE APPLICABLE FEES.

 

NOT FDA APPROVED; EDUCATIONAL USE ONLY

 

THE STATEMENTS MADE REGARDING THE SERVICES, OR ANY PRODUCTS PURCHASED HEREUNDER, HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE EFFICACY OF THESE PRODUCTS AND SERVICES HAS NOT BEEN CONFIRMED BY FDA-APPROVED RESEARCH. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE AND ARE NOT INTENDED FOR INJECTABLE USE. THE GOODS BEING PROVIDED THROUGH THE SERVICES ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY. SKYNS PRODUCTS AND DEVICES ARE NOT SOLD AS MEDICAL DEVICES AND SHOULD NOT BE USED AS SUCH. THEY ARE INTENDED FOR NON MEDICAL PRACTICE OR COSMETIC USE ONLY. SKYN HEREBY DISCLAIMS ALL USE OF ANY SKYN PRODUCT NOT IN ACCORDANCE WITH THESE TERMS OF SERVICE. ALL INFORMATION PRESENTED HERE IS NOT MEANT AS A SUBSTITUTE FOR OR ALTERNATIVE TO INFORMATION FROM HEALTHCARE PRACTITIONERS. 

 

ACCESS TO COURSES

Access to Online Courses will be available to a Subscriber for 180 days. After 180 days you will no longer be able to access your Online Course. 

 

CERTIFICATION OF COMPLETION 

Skyn will not issue a physical Course Certificate of Completion and instead provides an electronic copy. Skyn’s Course Certificate of Completion is not a license nor an accredited certification to perform the procedures detailed in the Services and is a certificate issued by Skyn as to your course completion. You should check your local jurisdiction on the requirements and certifications and licenses required to perform any of the acts or procedures detailed in the Services. Skyn may not, in its sole discretion, provide a Course Certificate of Completion until such time of your remittance of all amounts due to Skyn.

 

CHANGES TO THESE TERMS OF USE AND SERVICES

 

THESE TERMS OF USE MAY BE MODIFIED OR AMENDED BY SKYN IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. If any material modifications or changes are made, and you have registered to use the Services, we will provide you notice. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by Skyn on the Site. Continued use of the Service thereafter shall be deemed consent to and acceptance of these Terms of Use as revised. If you do not agree to any change(s), your sole remedy is to cease using and accessing the Service. YOU AGREE TO REGULARLY CHECK THE SERVICE TO VIEW THE THEN-CURRENT TERMS OF USE.

 

Skyn may make modifications to the Services or particular components of the Services, including the alteration, modification, or rearrangement of the schedule of topic for any Online Courses, and will use reasonable efforts to notify users of any material modifications, as determined in its sole discretion. Nothing in these Terms of Use shall be construed to obligate Skyn to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use.

 

We may update the Content (as defined herein) on the Services from time to time, but its content is not necessarily complete or up-to-date. Any material on the Services may be out of date at any given time, and we are under no obligation to update such material.

 

USER ACCOUNTS AND USER REGISTRATION

 

While any Visitor can view the Site, in order to use the Site and take part in Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You acknowledge that your User Account is personal to you and agree not to provide any other person with access to the Services or portions of it using your User ID, User Password, or other security information. We will treat all actions through your User Account as if conducted by you, whether or not you had knowledge of the unauthorized use of your User Account. You agree to notify us immediately of any unauthorized access to or use of your User ID or User Password or any other breach of security. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your User Account from a public or shared computer or device so that others are not able to view or record your User Password or other personal information.

 

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. 

 

We have the right to disable any User ID, User Password, or other identifier, and your use or access of the Services or enrollment in the Online Courses, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

USER COMMUNICATIONS

 

You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, traditional mail and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however such as, but not limited to, information about your User Account, confirmation of your registration for Online Courses, information related to your payment, information about your progress or other services that may be necessary to provide you with the Services.

 

USER CONDUCT POLICY

 

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to: (a) reproduce, duplicate, copy, sell, resell, make derivatives of, or otherwise exploit for any commercial purposes any portion of the Services, other than as expressly allowed under these Terms of Use; (b) use Skyn’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of pseudonym or misrepresenting your affiliation with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (g) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (h) use the Services for the purpose of exploiting, harming, or attempting to exploit or harm any other user; (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Skyn or Users of the Services, or expose Skyn to liability; or (j) use the Services, or any products purchased through the Services, in any manner contradictory to its intended educational use or as otherwise indicated or noted by Skyn.

 

INTELLECTUAL PROPERTY RIGHTS

 

The Services and their entire contents, features, and functionality (including but not limited to all information, online lectures, speeches, video lessons, presentation materials, programs, software, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files and the design, selection, and arrangement thereof (collectively, the “Content”) are owned by Skyn, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Services solely as set forth herein. You must not: (i) reproduce, distribute, translate, adapt, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, or otherwise access the source code of the Services; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text outside the permitted use for your engagement with the Services; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Service, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or (v) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.

You must not access or use for any commercial purposes any part of the Services or any other services or materials available through the Services. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Skyn. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Our name, the Skyn logo, and all related names, logos, product and service names, designs, and slogans (“Marks”) are trademarks of Skyn or our affiliates or licensors. You must not use such Marks without the prior written permission of Skyn. All other names, logos, product and service names, designs, and slogans displayed on the Services are the trademarks of their respective owners.

 

Skyn and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.

 

From time to time, Skyn may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to these Terms of Use, including without limitation, the Disclaimer of Warranties and Limitation of Liabilities sections below.

 

If you send or transmit any communications or materials to Skyn by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback without any other action or limitation between the parties governing such Feedback.

 

LICENSE TO SERVICES

 

Subject to your compliance with these Terms of Use, Skyn hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license to access, internally use and display your purchased Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content. 

 

NOT MEDICAL ADVICE

 

THE SERVICES AND CONTENT PROVIDED THROUGH THE SITE AND/OR OR IN CONNECTION WITH THE SERVICES IS DESIGNED TO PROVIDE PRACTICAL AND USEFUL INFORMATION ON THE SUBJECT MATTER COVERED AND IS NOT INTENDED TO BE MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

 

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY. SKYN DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. 

 

WHILE SUCH CONTENT MAY CONCERN MEDICAL ISSUES, HEALTH ISSUES OR OTHER ISSUES RELATED TO PROFESSIONAL MEDICAL SERVICES, SUCH CONTENT IS NOT, AND SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE. THIS INFORMATION SHOULD NOT BE USED IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT BY LICENSED PRACTITIONERS. SKYN IS NOT A LICENSED MEDICAL PHYSICIAN AND DOES NOT OFFER ANY MEDICAL ADVICE OR SERVICES, NOR IS THE INFORMATION PROVIDED INTENDED TO BE MEDICAL ADVICE OR SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR APPROPRIATE USE OF THE INFORMATION AVAILABLE THROUGH THE SERVICES.

 

THE INFORMATION PROVIDED ON THE SITE AND SERVICES IS NO SUBSTITUTE FOR INDIVIDUAL PATIENT ASSESSMENT BASED UPON THE HEALTHCARE PROVIDER’S EXAMINATION OF EACH PATIENT AND CONSIDERATION OF LABORATORY DATA AND OTHER FACTORS UNIQUE TO THE PATIENT. CONTENT PROVIDED ON THE SITE AND SERVICES SHOULD BE USED AS A TOOL TO HELP EDUCATE THE LICENSED MEDICAL PRACTITIONER, BEARING IN MIND THAT INDIVIDUAL AND UNIQUE CIRCUMSTANCES MAY LEAD THE PRACTITIONER TO REACH DECISIONS NOT PRESENTED IN THE INFORMATION PROVIDED AND SHOULD IN NO WAY RELY ON THE INFORMATION PROVIDED THROUGH THE SERVICE IN LIEU OF ITS PROFESSIONAL MEDICAL EXPERTISE.

 

USE OF THE SERVICES IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF A DOCTOR-PATIENT RELATIONSHIP. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SERVICES. MOREOVER, NEITHER RECEIPT OF INFORMATION PRESENTED ON THE SITE OR IN CONNECTION WITH THE SERVICES NOR ANY EMAIL OR OTHER ELECTRONIC COMMUNICATION SENT THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES WILL CREATE A DOCTOR-PATIENT RELATIONSHIP, AND ANY SUCH EMAIL OR COMMUNICATION WILL NOT BE TREATED AS CONFIDENTIAL.

 

YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THIS SITE OR IN CONNECTION WITH THE SERVICES WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION, THE ADVICE OF A COMPETENT MEDICAL PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER AND/OR EMPLOYING YOUR OWN INDEPENDENT JUDGEMENT AS A COMPETENT MEDICAL PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER, AS APPLICABLE. YOU ARE RESPONSIBLE FOR CONFIRMING THE LEGAILTIY OF PERFORMANCE OF ANY PROCEDURE WITH THE APPLICABLE LICENSING BOARD AND ALL LAWS, RULES AND REGULATIONS FROM ANY GOVERNMENTAL AUTHORITY.

 

SKYN EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF SERVICES.

 

DISCLAIMER OF WARRANTIES

 

You understand that we cannot and do not guarantee or warrant that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES.

 

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY ITEMS PURCHASED OR OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER SKYN NOR ANY PERSON ASSOCIATED WITH SKYN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. 

 

WITHOUT LIMITING THE FOREGOING, NEITHER SKYN NOR ANYONE ASSOCIATED WITH SKYN REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR THAT DEFECT IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE SERVICES, ITEMS obtained or purchased through the Services AND ITS CONTENT.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY 

 

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL SKYN, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (I) THE AMOUNT YOU HAVE ACTUALLY PAID TO SKYN FOR THE APPLICABLE SERVICE OR PRODUCT PURCHASED IN THE LAST SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING RISE TO A CLAIM, OR (II) TEN DOLLARS ($10).

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).

 

IN NO EVENT SHALL SKYN, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

NO CLASS ACTIONS

 

You agree that you will only be permitted to bring claims against Skyn on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding and hereby waive such right to initiate a class action and/or collective action procedures. Unless mutually agreed otherwise, the dispute resolution decider (e.g. judge or arbitrator) of any such claim 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. In addition, such dispute resolution decider 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). Any relief awarded cannot affect other Subscribers. 

 

LINKING TO OTHER SITES

 

The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Skyn does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason. If you access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites.

 

INDEMNITY

 

You agree to indemnify, defend, and hold harmless Skyn, its subsidiaries, affiliates, and licensors and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses, judgments, awards, losses, and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your violation of this Terms of Use or your use of the Service, including, but not limited to, any use of the Service's Content, services, and products other than as expressly authorized in this Terms of Use; (b) your use of any information obtained from the Services; and (c) any dispute or issue between you and any third party.

 

TERMINATION OR SUSPENSION OF SERVICE RIGHTS

 

You agree that Skyn, in its sole discretion, may deactivate or suspend your account or otherwise terminate your use of the Services, in whole or in part, for any reason or no reason, including, without limitation, if Skyn believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Services may be effected without prior notice to you and Skyn shall not be liable to you nor any third party for any termination of your account or the Services. You also acknowledge that Skyn may retain and store your information on Skyn’s systems notwithstanding any termination of your account or the Services.



DISPUTE PROCEDURE AND CLAIMS OF COPYRIGHT INFRINGEMENT

 

Skyn has registered a Registered Copyright Agent with the United States Copyright Office, which limits its liability under the Digital Millennium Copyright Act. It is our policy to terminate the account of any User who repeatedly infringes any copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Skyn’s Copyright Agent with the following information:

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright, or other intellectual property interest;

 

  • a description of the product, work, or other intellectual property that you claim has been misrepresented or infringed;

 

  • a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Services;

 

  • your address, telephone number, and email address;

 

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright, or intellectual property, or its agent, or applicable law; and

 

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.

 

Skyn’s Copyright Agent for notice of disputes or claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent: Skyn Aesthetics Group Email: care@skyn.io

 

MISCELLANEOUS PROVISIONS

 

Skyn may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Skyn. 

 

You agree that any legal lawsuit or other action brought by Skyn, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site, products purchased through the Services, or Online Courses, shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services, or products purchased through the Services, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Phoenix and County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Skyn is based in the State of Arizona in the United States. We provide the Services, and products purchased through the Services, for use only by persons located in the United States. We make no claims that the Services, products or any of their Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect. Skyn shall have no liability under these Terms of Use to the extent arising from any failure of Skyn to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil, unrest, terrorism, Internet failure, governmental act or court order, national emergency epidemic or pandemic, strikes or labor disputes or any other event beyond Skyn’s reasonable control. Skyn shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page. 

 

Any delay or failure on the part of Skyn to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect.

 

These Terms of Use, and any agreement that references and incorporates these Terms of Use, constitute the entire agreement between you and Skyn relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by Skyn.

 

You agree that Skyn will provide notices and messages to you either within the Services or sent to the contact information that you provided. You are responsible for providing us with your most current e-mail address. If you have provided an invalid email, or such address is not capable of receiving our notices, our dispatch of such email will nonetheless constitute effective notice. Any notice which may be required to be given to us under these Terms of Use, or to otherwise contact us to provide feedback, comments, requests for technical support, and other communications relating to the Services may be sent to us by emailing the following address: care@skyn.io

CONTACT INFORMATION

By subscribing to Skyn Aesthetics Group LLC text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring.  Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out.  You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Skyn Aesthetics Group (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at tryskyn.io@gmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Phoenix, Arizona before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Skyn Aesthetics Group’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Questions about the Terms of Service should be sent to us at care@skyn.io.



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