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Home > Terms & Conditions
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Terms & Conditions of Your Use of the
DrSkinSpaSMWebsite
Welcome to the DrSkinSpaSMWebsite
(“Site”). DrSkinSpa.com is a skin care web store that provides professional
anti-aging and other skin care products.
If this is the first time you are using the
product that you plan to purchase, it is highly recommended that you contact
our skin care specialist and get recommendations on the product that you are
purchasing at our store. Upon your request, our esthetician will consult with
you via email or telephone. After determining your skin care needs, the
esthetician will recommend the appropriate product for your skin type and
needs based on our esthetician's scope of practice and expertise. This way you
will get a professional opinion and at the same time you will get the exact
product that is best suited for your skin care needs.
However,
our skin care specialist's consultation should not be substituted for
professional medical advice. If you have any skin condition or disease,
DrSkinSpa.com highly urges you to discuss the issue of your skin care needs
with your physician and to not purchase products at our store. Our skincare
specialists are not in the position to provide medical advice. We do not
represent ourselves as a physician and we do not have any intention to provide
any sort of medical advice or recommendation.
You are ONLY authorized to use this Site by
accepting this Agreement, as follows. By using this Site you acknowledge that
you have read, understood, and agreed to the Agreement, or that you had the
opportunity to do so, but have agreed to this Agreement at your risk without
doing so. Due to the foregoing, please print and read the Agreement carefully
before further accessing this Site. "e;DrSkinSpa"e; may be referenced by "e;we"e;,
"e;us"e;, “our”, etc. ., which terms include our firm, Crescent Health Center, and
any of its affiliates, and all of the owners, officers, employees, agents and
independent contractors of each of them. This Agreement may be modified by us
from time to time without prior notice, such modifications to be agreed by you
and effective upon your next use of the Forum.
You must be an adult to use this Site, or if you
are between the age of 13 and the age of majority in your area, you and your
parent or other guardian must read and agree to this Agreement, and your
parent or other guardian must click the “ENTER” button. If you are under the
age of 13, you must NOT use this Site and, and you must leave this Site
immediately. By using this Site, you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement and that you shall
abide by all of the terms and conditions of this Agreement.
We make no representation that the materials or
products (“Content”) offered on this Site are appropriate for access outside
of the United States. If you are accessing this Site from outside the United
States, you are doing so on your own initiative and risk and are responsible
for compliance with your local laws. If you are in doubt about any provision
of, or transaction contemplated by, this Agreement, please consult legal
counsel in your locality for advice regarding what Content or transactions may
be legally available to you prior to your use of the Site.
Medical & Professional Services Disclaimer
While
some of the information on this Site is about medical or other professional
issues, it is not intended to provide medical or other professional advice. If
medical or other professional advice is required, the services of a competent,
licensed professional should be sought. While we make every effort to present
accurate and reliable information on this Site and through our estheticians,
we do not endorse, approve, or certify such information, nor do we guarantee
the accuracy, completeness, efficacy, timeliness or correct sequencing of such
information. Use of such information is voluntary on your part, and reliance
on it should only be undertaken after an independent review of its accuracy,
completeness, efficacy, and timeliness. Reference on this Site or by any
estheticians of ours to any specific product by trade name, trademark, service
mark, description or otherwise does not constitute or imply any medical or
professional advice.
If you use this Site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password.
Legal Notices - Custodian of Records, Privacy,
Copyrights & Trademarks
You have read, understand, and agree to theLegal Notices, which are incorporated
into this Agreement.
Any information, questions, comments, feedback,
reviews, commentaries, submissions or the like to the Site that you provide to
us in connection with this Site ("e;Submissions"e;) shall be provided to us on a
non-confidential and non-proprietary basis and will become and remain our
property. Subject to ourPrivacy Policies,we shall have no obligations of any kind with respect to any
Submissions and shall be free to reproduce, use, disclose and/or distribute
any Submissions for any purpose whatsoever, without limitation. We have the
right to use any ideas, concepts, know-how or techniques that you send us for
all commercial and non-commercial purposes. You hereby waive all proprietary
and moral rights you may have in any Materials uploaded by you to the extent
allowed by law.
Access & Availability of Services & Products
of Others
The Site contains links to other Internet sites.
Selection of a banner or link will redirect you off of the Site to a third
party website. Interactions that occur between you and the third party are
strictly between you and such third party and are not our responsibility. We
have no control over such and are not responsible for examining or evaluating
and do not warrant the offerings of any of these businesses or individuals or
the content of their websites. We do not assume any liability or
responsibility for the actions, products, services, availability or content of
these outside resources. You should direct any concerns regarding any external
link to the webmaster of the third party website.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
Representations, Warranties & Covenants
You represent, warrant and covenant (a) that you
are at least 18 years old, or if you are between the age of 13 and the age of
majority in your area, you and your parent or other guardian have read and
agreed to this Agreement.
drskinSPA attempts to be as accurate as possible. however, THE SITE AND ANY
MATERIALS or products PROVIDED BY drskinSPA OR THIRD PARTIES THROUGH THE SITE
ARE PROVIDED "e;AS IS."e; DrskinSPA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS
TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE,
NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR
REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT
NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS
PROVIDED THROUGH THE SITE. DRSKINSPA DOES NOT GUARANTEE THAT YOUR ACCESS TO,
OR USE OF THE SITE, WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
We
attempt to describe all of the Content on our Site as accurately as possible.
However, we do not warrant that such descriptions are accurate, complete,
reliable, current or error-free. If a product offered on our Site itself is
not as described, your sole remedy is to return it in unused condition. We may
make changes, improvements and/or modifications to the Site or its Content at
any time without notice. Site Content may be out of date, and we make no
commitment to update it. We neither represent nor endorse the accuracy or
reliability of any product descriptions on our Site or of any other person or
entity. You hereby acknowledge that the use of the Site is at your sole risk.
All items purchased from DrSkinSpa are made
pursuant to a shipment contract. The risk of loss and title for such items
passes to you upon our delivery to the carrier.
You
hereby indemnify, defend (with counsel acceptable to DrskinSPA), and hold
DrskinSPA, on its behalf and on the behalf of its successors and assigns, and
all other persons or entities associated with it, including other
participants, but excluding any independent service provider, (collectively,
the "e;Indemnified Parties"e;) harmless from and against any and all liability and
costs incurred by the Indemnified Parties, including without limitation
reasonable attorneys' fees and legal costs, in connection with any claim
arising out of any breach by you of this Agreement or the foregoing
representations, warranties and covenants
.
You shall cooperate as fully as reasonably
required in the defense of any claim. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you. You shall not enter into any settlement
agreement which affects our rights without our prior written approval.
DRSKINSPA SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT
OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS
INCURRED IN CONNECTION WITH USE OF THE SITE OR ANY OF THE PROVIDED BY
DRSKINSPA THROUGH THE SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF
FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE
CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF DRSKINSPA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. If you are a California
resident, you specifically waive California Civil Code Section 1542, which
says "e;A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which, if known by him must have materially affected his settlement with the
debtor.
Some
jurisdictions may not allow
the exclusion or limitation of incidental or consequential damages, so the
above exclusions shall only apply to the extent permissible under applicable
law.
We and our authorized agents and employees may
terminate your use of the Site in our sole discretion and without notice in
the event that you breach this Agreement.
This Agreement has been made in and shall be
construed and enforced in accordance with California law without regard to any
conflict of law provisions. Any action to enforce this agreement shall be
brought in the federal or state courts located in Orange County, California,
and you agree to personal jurisdiction by, extra-territorial service of
process from, and venue in the state and federal courts of the State of
California. This
Agreement and any other Terms, conditions, and notices referenced ELSEWHERE
herein or on this Site constitute the entire agreement between you and us with
respect to your access and use of the Site.A waiver of rights by
DrSkinSpa for a breach or default by you hereunder shall be in writing and
shall not operate as a waiver of rights for any future breach or default,
whether of a like or different character. No delay, short of the statutory
period of limitation, in asserting or enforcing any right hereunder shall be
deemed a waiver or limitation of such right. If any term or other provision of
this Agreement shall be declared to be invalid, illegal, or incapable of being
enforced by any rule of law or public policy, all other terms, provisions and
conditions of this Agreement shall nevertheless remain in full force and
effect. We may assign this Agreement. Nothing contained in this Agreement
shall be construed as conferring any license or right to any copyright or
other intellectual property rights in relation to any Site Content to you.
Should you have other questions or concerns about
this Agreement, please send us an email atinfo@drskinspa.com. Official correspondence must be sent via postal
mail to:
BY using
this site and by supplying US with your sign-up information for use of the
site, you are acknowledging that you HAVE READ, AND agree to, all of the
terms, conditions, promises, warranties, and obligations set forth ABOVE.
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