As used in these terms, the phrases “we” and “Skin Plus” refer to Skin Plus, Limited Liability Company, and the phrase “you” refers to the customer or visitor to our website.
- Our Services and Products.
We offer a variety of services and products through our website and at our store location. Our services include in-clinic acne and skin care treatment as described on our website and our products include the various skin care products available through our website or at our store.
As a condition to using our in-clinic services, you must fill out the Client Agreement Form provided at or prior to your initial consultation. The terms of your Client Agreement Form, together with our standard policies available on our website apply to all in-clinic services we may provide. Additionally, you acknowledge the following with respect to our services:
- While we follow all safety precautions and processes, you acknowledge and agree that all skin treatments, including ours, carry risks. You agree to assume these risks to the fullest extent permitted by applicable law.
- As described in our standard policies, you must obtain an initial consultation as a condition to receiving our in-clinic or online services through our Acne Academy. This is important as a consultation is used to determine suitability treatment, including specific advice about risks.
- We reserve the right to refuse to undertake treatment at any time and for any reason, including if we determine that treatment is inadvisable after your initial consultation.
- No one person is the same and each of our bodies are unique. What works for one person, may not work for another. We all have different skin, we all do different things and expose our skin to different environments. Because of this, and our own genetic disposition, make up, body, skin type, and personal skin regime, we can never be 100% certain that our services will achieve a desired result or outcome, but we make recommendations as best we can, and with the information that we get from you.
- We do not guarantee and make no express or implied warranties as to any specific results. Your success depends on many factors, including honest disclosure of your medical and health history, any prior existing medical conditions and prescribed medications, individual genetic make-up, lifestyle factors, adherence to pre- and post-treatment instructions, and your own commitment, dedication, desire, and motivation.
- Any testimonials and examples within our marketing materials or on our website, including but not limited to any ‘before and after’ photos, are not to be taken as a guarantee that you will achieve the same or similar results.
- Skin Plus and/or its principals or partners, agents, employees, officers and representatives are not responsible for decisions that you may make nor losses that may arise out of any decision made by you arising from our services at any time.
- Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and our services do not replace any medical professional or medical resource. We do not represent ourselves as physicians nor is this implied. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Additionally, you acknowledge the following with respect to our products:
- Our products are available for purchase in-store and through our website. Products ordered through the website may only be available within the U.S. and certain select countries. We reserve the right to refuse to sell our products or to ship products to certain states or countries. If we decline to fill your order, we will issue a refund of any amounts paid for the applicable products.
- All product information provided by us is intended to be used for personal, educational or informational purposes only. Unless otherwise noted, the statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals.
- All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of our services or our website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of our products.
- Our products are for personal use only. You may not sell or resell any products you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these terms, as determined by us in our sole discretion.
Without limiting the generality of any of the above terms, we reserve the right without prior notice to change the pricing of our services and products or to discontinue or change specifications on services or products we offer without incurring any obligations. Prices for our services and products are in U.S. Dollars and are exclusive of taxes, shipping, and other costs and fees to the extent applicable. Payments are due when services are rendered or when products are ordered.
- Membership Programs and Payment Terms. From time-to-time, we may offer certain of our services and/or products on a membership basis. Your enrollment in a membership program requires your payment of the applicable recurring charges for that program and only entitles you to the specific services and/or products covered by the program scope. We reserve the right to adjust our recurring program charges at any time, but we will not increase your standard program charges during any commitment period (described below). Additional charges and fees may apply when you request or require services or products not covered by your membership program.
Our membership programs may require a monthly commitment. When you enroll in a program with a monthly commitment, you are committing to pay the applicable monthly charges for at least the committed months. If you cancel or terminate your membership prior to the expiration of the commitment, you will be required to pay any recurring program charges for the remaining portion of the commitment. This payment will be due immediately upon your early cancellation or termination, regardless of the reason.
When you enroll in one of our membership programs, you may be asked for credit card information from a card issuer that we accept. When you provide this information, you authorize us to charge your credit card for any charges related to the program, including recurring program charges. You authorize the issuer of the credit card to pay these amounts without requiring a signed receipt, and you agree that these terms are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You agree to provide us with updated credit card information upon our request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating your credit card information.
In the event we permit you to enroll in a membership program without credit card (or in the event your credit card is declined), you will be required to pay the applicable recurring program charges upon demand. In these circumstances, we may require that you prepay for the commitment period and/or pay for months in advance (prior to program services and/or products being provided).
If the entire amount of an applicable payment is not received when due, a late payment charge may be charged to you. You also agree to pay interest on any amounts past due at the rate of 1.5% per month (or the maximum amount required by law, whichever is less). You also agree that we may suspend and/or terminate your membership and our services if any amounts due are not paid when required. We may also assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You will be charged a fee for any check or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.
Our current membership program(s) and specific program terms are listed below:
The Acne Academy
The Acne Academy is a Subscription Membership:
The Acne Academy (whether “In-Clinic or “Virtual”) requires a five month commitment to guarantee results. You must be active in communicating with your coach, following our instructions, and using products as we advise for our guarantee.
Any additional terms on your enrollment form will apply. In the event any of the terms of your enrollment form conflict with these terms, your enrollment form will control as to the conflicting term only.
- Our Intellectual Property and Our Limited Right to Use Your Likeness.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on our website is Copyright (c) 2014-2019 Skin Plus, Limited Liability Company, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on our website is our exclusive property and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of our website for the sole purpose of placing an order with us or evaluating our products and services. Any other use of materials on our website – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without our prior written permission is strictly prohibited.
Our domain name and all page headers, custom graphics and button icons are our service marks, trademarks, and/or trade dress and may not be used in connection with any product or service that is not offered by us in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Additionally, in the course of providing our services, we may take “before and after” pictures of you and/or may record video of our staff performing your treatments. In accepting the services, you authorize us to photograph or record you as described and to publish these photographs and/or recordings on our website, in our social media channels, and otherwise. You also agree that we will be the exclusive owner of these photographs and/or recordings and in accepting the services waive and transfer to us any right you may have in the photographs and recordings, including any right to royalty payments or right to claim infringement or violation of your privacy. We will use commercially reasonable efforts to obtain your verbal consent prior to taking your photograph or recording your treatment, but our failure to do so will not invalidate the provisions of this paragraph.
- Our Use of Personal Information.
You may be required to submit certain personal or medical information to use as a condition to receiving our in-clinic services. This information will be collected in-person at the time of your appointment. We will keep this information confidential and will only use this information to provide the services you request.
Any personal information you voluntarily submit to us through the website will only be used to maintain the security and integrity of the site and to respond to specific inquiries and requests that you make to us, including, but not limited to, appointment requests and requests for service and product information. When you make purchases from our website, we may collect purchasing information such as product orders, appointment bookings, shipping address(es), and credit card information. We will not collect any personal information about you unless you provide it. Therefore, if you do not want us to obtain any personal information about you, do not submit it.
To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any personal information through our website. We ask that parents supervise their children while online.
- Disclosure of Personal Information.
Except as disclosed in these terms, we do not sell or disclose information that identifies you personally or makes it possible for other parties to contact you directly without your consent unless we are required to do so by law or as disclosed to you when we request the information from you. We may disclose personal information for the following purposes: (1) to conform with the law, respond to claims, or comply with legal process served on us (e.g. a lawful subpoena, warrant or court order); (2) to enforce or apply our policies or agreements (including to initiate, render, bill, and collect for amounts owed to us); (3) to protect and defend our or our users’ rights or property, our website, our employees, customers or the public, including fraudulent, abusive, or unlawful use of our website; or (4) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
- Our Security Measures.
When asked to enter certain sensitive personal information (such as a credit card number), that information is encrypted and is protected through third party security systems to ensure that our customers’ information is safe. Our website restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide services or products to you and those persons you have authorized to have access to such information. Please be aware, however, that any email or other transmission you send through the Internet cannot be completely protected against unauthorized interception. While we use reasonable efforts to safeguard the confidentiality of your information, we will have no responsibility for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties.
- Contact By Us.
In order to provide our services and products to you, we may send you communications related to your transactions. From time to time, we may also wish to send you other messages or updates about our promotions and other activities. If you do not wish to receive non-transaction related communications from us, please send an email containing your request.
- Your Feedback and Submissions.
You agree that you are and will remain solely responsible for the contents of any submissions you make to us, and you will not submit material that is unlawful, defamatory, abusive, or obscene. You agree that you will not submit anything through our website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). While we appreciate your interest in Skin+, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology, or other suggestions you may have developed. Consequently, any material you submit through our website will be deemed a grant of a royalty-free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived.
- Disclaimer of Warranties and Medical Disclaimer.
OUR SERVICES AND PRODUCTS AND THIS WEBSITE ARE MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN OUR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. WE DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN WE ARE AWARE OF THEM.
All information on our website was created for informational purposes only. This information is not intended as a substitute for informed medical advice. If you have a particular health problem or condition, you should not rely upon our website for either making a diagnosis or determining treatment. Instead, you should consult with your doctor or other qualified healthcare provider if you have any questions regarding any medical condition. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.
- Limitation of Liability.
IN NO CASE WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (COLLECTIVELY THE “SKIN PLUS PARTIES”) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF OUR SERVICES OR PRODUCTS OR THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED TO THE SERVICES, THE PRODUCTS, OR THIS WEBSITE.
ADDITIONALLY, THE SKIN PLUS PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OUR RELATED TO YOUR USE OF ANY OF OUR SERVICES OR PRODUCTS OR THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED TO THE SERVICES, THE PRODUCTS, OR THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE TOTAL OF THE AMOUNTS PAID FOR THE SERVICES OR PRODUCTS AT ISSUE, OR IF THERE WERE NO AMOUNTS PAID, $100.00.
You agree to indemnify, defend and hold harmless the Skin Plus Parties from and against any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your violation of these terms. You acknowledge the unauthorized use of our services or products or this website could cause irreparable harm to us and that in the event of an unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
- Governing Law and Venue.
Any claim, dispute or controversy arising out of or related to your use of our services or products or this website will be governed by Texas law and will be resolved exclusively in the state and federal courts of the State of Texas. By agreeing to the terms, you irrevocably consent to the exclusive jurisdiction and venue in the state and federal courts in Austin, Texas.
- Additional Terms.
These terms together with any agreements or policies applicable and referenced in these terms constitute the entire agreement between you and Skin Plus regarding our services, products, and this website. If we fail to exercise, or delay in exercising, any of our rights under these terms, such failure or delay will not be construed as a waiver of those rights. If any of these terms is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any of the other terms.
We reserve the right to modify these terms at any time. It is your responsibility to check our website periodically for modifications. Your continued use of our service or products or this website after our modification of any terms signifies your acceptance of those modified terms.
- Contact Us.
If you have questions about these terms or our products, services, or this website, please email email@example.com. All legal notices to us must be in writing and must be mailed via certified mail or overnight courier to 2105 Justin Lane #101, Austin, Texas 78757.