SkinSolutions.MD Terms of Use
Thank you for visiting the website for SkinSolutions.MD (“SSMD” or “we” or “our” or “us”). Please read the following information in its entirety because it represents a binding agreement between you and SSMD.
Your access and use of the website (the “Website” or “Site”), including your use of any ratings and review service that SSMD may make available, is subject to the following terms and conditions (hereinafter “Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use below. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Please review our Privacy Policy, which also governs your visit to our Site, to understand our information practices.
1. About the Services and Website.
1.1 Introduction. On the Site, SSMD provides general principles of pharmaceutical information that should not in any event be construed as specific instructions for individual patients.
1.2 The Site Does Not Provide Medical Advice. Any medical and health-related information presented on this Site is general in nature. The content of this Site is not intended to provide specific medical or non-medical advice, and should not be relied upon in that regard. You should not act or rely on the content of the Site without seeking the advice of your own physician and/or other health care professional, if necessary. Therefore, the information presented on this Site is not a substitute for professional medical advice, diagnosis or treatment, nor is it intended to provide you with a specific diagnosis or treatment for a specific ailment.
1.3 Medical Services Provided by Vishal Verma, M.D., Inc. If you require or request medical services, this Site will connect you with a professional medical corporation, Vishal Verma, M.D., Inc., through which you will be put in touch with a healthcare provider who will provide the necessary medical services or, if necessary, recommend a healthcare provider for you at another location, which may or may not be affiliated. In the event you require medical services, you may be required to submit personal health information through the Site in order for a healthcare provider to provide advice, diagnosis or treatment.
1.4 Protected Health Information. The Federal Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Law, as amended, and related policies and procedures, the Confidentiality of Medical Information Act (California Civil Code – Sec. 56 et seq.) and the Lanterman-Petris-Short Act (California Welfare & Institutions Code – Sec. 5000 et seq.) govern the release of patient-identifiable information by healthcare providers. Information about yourself that you provide for purposes of medical services, which may consist of data, records or images, may be considered protected health information, or “PHI,” under HIPAA and similar healthcare information privacy laws (collectively “Privacy Laws”).
1.5 Mobile Charges. To the extent you access the Site through a mobile or wireless device, your carrier’s standard charges, data rates and other charges may apply.
1.6 Modification of the Services or the Terms. SSMD may modify these Terms of Use or modify, suspend, or discontinue the Site at any time for any reason. However, SSMD will use commercially reasonable efforts to notify you of material changes to these Terms of Use by posting a notice on the Site and/or sending an email to the address you provided to us upon registration.
1.7 Privacy. To learn more about our privacy practices, please read our Privacy Policy, which is available on this Site (the “Privacy Policy”).
2. Order Acceptance.
2.1 The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. SSMD reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and SSMD reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. SSMD reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at SSMD’s sole discretion.
3. License and Website Access.
3.1 SSMD grants you a limited license to access and make personal use of this Site and not to download (other than customary page caching) or modify it, or any portion of it, except with the express written consent of SSMD. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SSMD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to images, text, page layout, or form) without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent of SSMD. Any unauthorized use terminates the permission or license granted by SSMD.
3.2 You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray SSMD, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any SSMD logo or other proprietary graphic or trademark or copyrighted material as part of the link without the express written permission of SSMD.
4. Copyright and Trademarks.
4.1 All content included on this Site, including but not limited to, text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software is the property of SSMD or its content suppliers and protected by United States and international Copyright laws. All software used on this Site is the property of SSMD or its software suppliers and is protected by United States and international Copyright laws.
4.2 Trademarks (commonly referred to as marks) indicated on our Site are either registered, pending or common law trademarks of SSMD or its affiliates, in the United States and other countries. All other trademarks not owned by SSMD or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SSMD or its affiliates.
5. Use of Website and User Submissions.
5.1 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.
5.2 If you are under the age of 18, you may use this Site only with the involvement and permission of a parent or guardian. SSMD and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
5.3 If you send, submit, or post any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, PHI, or the like, all such communications (“User Content”) are, and will be treated as, non-confidential and non-proprietary, except in the case of PHI, which will be provided the confidential protection required under applicable Privacy Laws. The mere act of posting User Content to this Site is your representation that you have sufficient right, title and interest in such content to use and disclose such User Content. For any User Content that you submit, you grant SSMD and its affiliates a nonexclusive, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute and/or display such User Content, ideas, concepts, know-how, or techniques, and/or incorporate such User Content, ideas, concepts, know-how, or techniques into any form, medium or technology throughout the world without compensation to you. You grant us and our affiliates the right to use the name that you submit in connection with such User Content, if we or they choose.
5.4 All User Content may be used at SSMD’s sole discretion. SSMD reserves the right to change, condense or delete any content on SSMD’s Site that SSMD deems, in its sole discretion, to violate the guidelines contained herein or any other provision of these Terms of Use. SSMD does not guarantee that you will have any recourse through SSMD to edit or delete any ratings or written comments you have submitted.
5.5 SSMD reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not SSMD, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of SSMD, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
5.6 You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. SSMD will fully cooperate with any law enforcement authorities or court order requesting or directing SSMD to disclose the identity of anyone posting such materials or content.
5.7 Although SSMD may from time to time monitor or review postings on the Site, SSMD is under no obligation to do so and assumes no responsibility or liability arising from the contents you post of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication.
5.8 You agree to indemnify and hold SSMD and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorney’s fees, arising out of a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
6. Third Party Sites and Other Users.
6.1 The Site may contain links to, or advertisements for, third party websites (collectively referred to, “Third Party Sites” or “TPS”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such TPS are not under the control of SSMD. Thus, SSMD is not responsible for any TPS. SSMD my provide links to these TPS only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to TPS. You agree that you use all TPS at your own risk. When you link to a TPS, the applicable service provider’s terms and policies, including privacy and data gathering practices govern your activity on such site. You should make whatever investigation you fell necessary or appropriate before proceeding with any transaction with any TPS.
6.2 Each user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other site users are solely between you and such user. You agree that SSMD will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any site user, SSMD is under no obligation to get involved.
6.3 You hereby release SSMD, its officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with SSMD from all claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other website users or TPS.
7. Descriptions of Products and Services.
7.1 The Site refers to products and/or services that are generally available for purchase in the United States, but may not be available in your particular locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with our customer service representatives at [email protected] for specific product/service availability in your locality.
7.2 We do not warrant that the descriptions or other content of this Site are accurate, complete, reliable, current or error-free. Features and specifications of products described or depicted on the Site are subject to change at any time without notice.
8. Disclaimer of Warranties.
8.1. Your use of the Site is at your own risk. SSMD makes no warranties or representations as to its accuracy and SSMD specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither SSMD nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
8.2 Notwithstanding the foregoing, in the event a manufacturer provides a product warranty for a product you purchase, you are entitled to such warranty. SSMD passes such warranties on to the customer. The terms of any such warranty and availing yourself of any such warranty is a matter between you and the manufacturer. SSMD otherwise disclaims all warranties, as set forth above.
8.2 SSMD assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
9. Limitation on Liability.
9.1 IN NO EVENT SHALL SSMD, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH SSMD, YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS, SERVICES AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
9.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Indemnity.
10.1 You agree to indemnify and hold SSMD, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or products or services, (ii) your User Content, or (iii) your violation of these Terms of Use. SSMD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SSMD. SSMD will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Applicable Law.
11.1 These Terms of Use are to be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules. For purposes of jurisdiction and venue, only the federal and state courts in the County of San Diego shall have jurisdiction over matters arising hereunder.
12. Term and Termination.
12.1 Subject to this Section, these Terms of Use will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your SSMD account) or (b) terminate these Terms of Use, at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms of Use or if we believe you are younger than 18. Upon termination of these Terms of Use, your SSMD account and right to access and use the Site will terminate immediately. You understand that any termination of your SSMD account may involve deletion of any User Content you may have posted. SSMD will not have any liability whatsoever to you for any termination of these Terms of Use, including for termination of your SSMD account or deletion of your User Content.
12.2 The provisions herein related to our intellectual property rights, User Content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.
13. Entire Agreement.
13.1 These Terms of Use, and any terms incorporated or referred to herein, constitute the entire agreement between SSMD and you relating to your use of the Site, purchase of products or services, and the subject matter therein, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by SSMD making such amendments or modifications in accordance with these Terms of Use.
14. Headings.
14.1 The section headings contained in these Terms are for convenience only, do not form a part of the Terms, and no construction or inference may be derived therefrom.
15. Severability.
15.1 If any provision of these Terms of use should be deemed invalid, void, or for any reason unenforceable, such provision is severable and shall not affect the validity and enforceability of any remaining provision.