Skinsx.com Website Agreement

 

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS WEBSITE.  This Agreement sets forth the terms and conditions which apply to your use of the skinsx.com website (the Website) and any other product or service offered for sale by SkinSx, Inc. (SkinSx) through the Website.  The right to use the Website and any other product or service offered by SkinSx through the Website is personal to you and is not transferable to any other person or entity.  BY USING THE Skinsx.com WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE Skinsx.com PRIVACY AND SECURITY POLICY AND AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT AND OUR PRIVACY AND SECURITY POLICY WITHOUT MODIFICATION.  IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO OUR PRIVACY AND SECURITY POLICY, YOU MUST EXIT IMMEDIATELY AND DISCONTINUE ALL USE OF THE Skinsx.com WEBSITE.

 

Definitions.

  Content means all information, trademarks, trade dress, service marks, original works of authorship, illustrations, designs, icons, photographs, video clips, text, software, specifications, literature, advertisements, and other materials on the Website.           

  Service means the online information, including, but not limited to, product information or other Content, ordering information, email, messages, shopping and interactive services operated by SkinSx through the Website. 

  User means each person who uses the Service or purchases any products from SkinSx.

 

Changes In the Service or Terms of Usage.  SkinSx has the right at any time to modify, change or discontinue any aspect or feature of the Service, including, but not limited to, Content, hours of availability, registration requirements and equipment needed for access or use of the Website.  SkinSx also has the right at any time to impose, change, or modify the terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions, including changes to SkinSxs Privacy and Security Policy.  Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, including, but not limited to, posting on the Website a revised version of this Agreement or SkinSxs Privacy and Security Policy or notification by electronic or conventional mail.  Any use of the Service by the User after such notice constitutes acceptance by the User of such changes, modifications, additions, or deletions.  The User agrees to periodically review the skinsx.com Website Agreement and Privacy and Security Policy.

 

3.         User Conduct.

            a)         The User agrees to use the Service for lawful purposes only and agrees not to post or transmit any material that violates or infringes in any way upon the rights of others; that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; that could damage, disable, overburden, or impair the Website or interfere with any other partys use and enjoyment of the Website; that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.  No conduct may be undertaken that, in SkinSxs judgment and sole discretion, restricts or inhibits any other user from using or enjoying the Service.  The User agrees not to post or transmit on the Website advertising or other commercial solicitations.

 

User agrees not to upload, post, or otherwise make available on the Website any material protected by copyright, trademark, service mark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right.  By communication with the Website, each User hereby represents and warrants that the User has all necessary rights for the materials, communications, or other information that the User has provided, transmitted or sent to the Website.  The User is solely liable for any damages resulting from any infringement of a third-partys copyright, patent, trademark, service mark or other proprietary rights, or any other harm resulting from any uploading, posting or submission of material on the Website.

 

User agrees not to use, upload, post or otherwise make available the personal or financial information of another person or company with intent to impersonate that individual or company.

 

By providing a recipents name and email address, User authorizes SkinSx to forward the web page or pages and Users comments to the recipient.

 

4.         Intellectual Property. 

a)         Except as otherwise noted, all Content is the exclusive property of SkinSx.  The User may not use, sell, offer for sale, reproduce, copy, prepare derivative works, distribute, perform, display, print, publish, upload, post, or transmit in any way any material from the Website including, but not limited to, text, images, code and software, without the express written consent of SkinSx.  SkinSx hereby grants to User a non-exclusive, royalty-free license to download Content from the Website for the Users personal, noncommercial use only, provided that User will not make any modification to, changes in, or deletion of author attribution, trademark, copyright or other proprietary notices.  All rights not expressly granted herein are reserved by SkinSx.  Each User acknowledges that he or she does not acquire any ownership rights in the Content by using the Service or downloading Content from the Website.

 

            b)         CLINICIANS COMPLEX® is a trademark and service marks of COSMED, Inc. and all rights are reserved by COSMED.  All other trademarks, service marks and trade dress appearing on the Service are the property of their respective owners, including, in some instances.

 

c)         Should a User post any message on the Website, either as part of a survey, questionaire, form, email or as unsolicited comments, ideas, concepts, suggestions, or complaints, that information will become the property of SkinSx.  The act of providing such information constitutes an assignment to SkinSx of all worldwide right, title and interest, including copyright, patent, and other intellectual property rights, in and to the material and information which the User provides to SkinSx.  SkinSx will be under no obligation whatsoever to use, respond to or pay any compensation with respect to any idea, concept, submission or suggestion provided by the User and may remove or delete any such idea, concept, suggestion or submission at any time in SkinSxs sole discretion.  By providing any comment, suggestion, idea, concept or other submission, User assigns to SkinSx the right to make, use, copy, reproduce, modify, prepare derivative works from, incorporate it in other works, transfer, display, distribute, perform, publish, print, upload, post, transmit, license, sell, offer for sale, or import the same worldwide in any form, media or technology now known or later developed.  To the extent such assigment is not effective for whatever reason, then the User hereby grants to SkinSx a royalty-free, paid-up, irrevocable, non-exclusive right and license to make, use, copy, reproduce, modify, prepare derivative works from, incorporate it in other works, transfer, display, distribute, perform, publish, print, upload, post, transmit, license, sell, offer for sale, or import the same worldwide in any form, media or technology now known or later developed.  Notwithstanding the above, all personal information provided to SkinSx will be handled in accordance with SkinSxs Privacy and Security Policy.

 

5.         Third-Party Content.  The Service contains content supplied by parties other than SkinSx.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and Users, are those of the respective author(s) or distributor(s) and not of SkinSx.  Neither SkinSx nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

 

6.         Disclaimer of Warranties and Limitation of Liability.

            a)         EACH USER EXPRESSLY AGREES THAT THE USERS USE OF THE SERVICE IS AT HIS OR HER SOLE RISK.  NEITHER SKINSX, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.

 

            b)         THE SERVICE IS PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.  EACH USER SPECIFICALLY ACKNOWLEDGES THAT SKINSX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

 

For a period of three (3) months from the date of purchase (the Warranty Period) of any product provided through the Service, SkinSx warrants that products provided through the Service will be free from defects in material or manufacture and will perform substantially in accordance with the written specifications and documentation contained on the Website and/or supplied with the product.  If any such defect appears during the Warranty Period, SkinSxs entire liability is, at SkinSxs option, either (a) repair, or (b) replacement of the product, or (c) refund of the purchase price of the product, which must be promptly returned to SkinSx with proof of purchase.  THE FOREGOING SHALL CONSTITUTE THE USERS SOLE RECOURSE.  This warranty will not apply to the extent any defect, error or other problem is caused or contributed by User or any third party, including, without limitation, misuse, abuse, accident, neglect, mishandling, misapplication, ordinary wear, or failure to comply with the terms of this Agreement and all related manuals and documentation.

 

            d)         EXCEPT AS PROVIDED FOR HEREIN, NEITHER SKINSX NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE OR ANY MERCHANDISE PROVIDED THROUGH THE SERVICE WILL BE LIABLE TO USER FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS, LOST PROFITS, LOST REVENUE, DAMAGES RELATING TO THE PURCHASE AND/OR USE of any products PROVIDED THROUGH THE SERVICE, USE OF THE SERVICE, INABILITY TO USE THE SERVICE, THE USE BY THE USER OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY, INCLUDING SKINSX, AND/OR THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY PARTY, INCLUDING SKINSX, EVEN IF THE PARTIES HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THE CLAIM IS MADE FOR BREACH OF CONTRACT, BREACH OF WARRANTY, IN TORT, UNDER A THEORY OF STRICT LIABILITY OR OTHERWISE.  THE ONLY WARRANTIES PROVIDED BY SKINSX ARE THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND SUCH LIMITED WARRANTIES ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE USER BEARS ALL RISK RESULTING FROM THE PARTICULAR USE IT CHOOSES FOR THE PRODUCT.  No employee, agent or representative of SkinSx has the authority to bind SkinSx to any oral representation or warranty concerning the Service or any product provided through the Service.

 

            e)         SKINSX NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE WEBSITE BY ANYONE.  UNDER NO CIRCUMSTANCES WILL SKINSX BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USERS RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE AND/OR ANY POSTINGS ON THE WEBSITE.  IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE.

 

            f)          SKINSX DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

7.         Medical Advice

Use of this Service is not meant to serve as a substitute for professional medical advice. Clinicians Complex encourages you to discuss the use of any goods, products or information received from this site with your physician prior to using or relying on them. Your doctor should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Clinicians Complex does not give nor intend to give any answers to medical related questions. We do not represent ourselves as clinicians nor is this implied. IF YOU ARE IN NEED OF MEDICAL ATTENTION CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. This site is solely an online store for specialty related products that provides additional educational information on issues of interest to our customers. Our intention is only to help you make a decision regarding a purchase but not to replace any medical professional or medical resource. No prescription medications or medical treatments are intentionally provided on this site.

 

b) No information contained on this website is provided with the intention to give medical advice or instructions on the accurate use of our products. We cannot answer unsolicited e-mails requesting personal medical advice; visitors should always consult a healthcare professional.

 

8.         Monitoring.  SkinSx has the absolute right, but not the obligation, to monitor material submitted or posted by Users to the Website and/or the Users use of the Service to determine compliance with this Agreement and any other operating rules established by SkinSx.  SkinSx has the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website.  Notwithstanding the above, each User remains solely responsible for the content of their messages and each User agrees that SkinSx neither assumes nor will have any liability for any action or inaction by SkinSx with respect to any conduct, communication or posting on the Website.

 

9.         Indemnification.  Each User agrees to defend, indemnify, and hold harmless SkinSx, its affiliates, and their respective directors, officers, employees, attorneys and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by the User.

 

10.        Termination. Either SkinSx or User may terminate this Agreement at any time.  Users only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement or the Skinsx.com Privacy and Security Policy, (ii) any policy or practice of SkinSx in operating the Service, or (iii) any Content available through the Service or any change therein, is to terminate this Agreement by sending a written notice by email to [email protected]  Without limiting the foregoing, SkinSx has the right to immediately terminate this Agreement with respect to any User in the event of any conduct by User which SkinSx, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Paragraphs 3, 4, 5, 6, 7, 8, and 9 will survive termination of this Agreement.

 

11.        Equipment.  Each User is solely responsible for obtaining and maintaining all equipment needed for access to and use of the Service, including, but not limited to, telephone and computer hardware and software, and each User is solely responsible for all charges related thereto.

 

12.        Privacy.  See the Skinsx.com Privacy and Security Policy.  By accepting this Website Agreement, User acknowledges that he or she has read the Skinsx.com Privacy and Security Policy and agrees to it.

 

13.        Construction. This Agreement and any operating rules for the Service established by SkinSx, including, but not limited to, the Skinsx.com Privacy and Security Policy, constitute the entire agreement between the parties with respect to the subject matter hereof, and supercede all previous written or oral agreements between the parties with respect to such subject matter.  This Agreement and use of the Website in no way constitutes a joint venture, partnership, employment, or agency relationship between User and SkinSx.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

 

Applicable Law.  This Agreement will be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules.  Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and the Skinsx.com Privacy and Security Policy.  SkinSx makes no representation that the Service or products offered through the Website are appropriate or available for use outside the United States of America.  Access to the Service and products offered through the Service from territories where the Service and/or products are illegal is prohibited. 

 

15.        Non-Waiver.  No waiver by either party of any breach or default hereunder will constitute a waiver of any preceding or subsequent breach or default.

 

16.        Paragraph Headings.  The section headings used herein are for convenience only and are not to be given any legal import.

 

17.     Return Policy: No returns without prior authorization, Account credit only, Unused, unopened products only, A restocking fee of up to 25% will apply, Returned checks: $30.00 service charge, Orders shipped F.O.B. Buford, GA, 

 

We value feedback from our users.  If you have any questions or comments about the User Agreement for the Website, please email us at [email protected]

 

© 2016 SkinSx, Inc.