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Terms of Service for Health Services and Products

Last Updated: December 14, 2021
Please read these Terms of Service for Health Services and Products (the “Terms” or “Agreement”) carefully. The Terms govern your use of the Service(s) and Product(s) (as defined below) and constitutes your consent to this Agreement. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY.
This Agreement is between you (hereinafter referred to as “You” both capitalized and uncapitalized) and Skin Research Institute LLC, with an address of 122 Sheldon St., El Segundo, CA 90245, including any agents, parent companies, subsidiaries, or related entities (collectively, “Company” or “We” or “Us”), concerning your purchase or use of any services (“Services”) and products (“Products” as defined below in Section 2) available on the Company website currently located at https://skinresearchinstitute.com (together with any materials and services available therein, and successor site(s) thereto, collectively, the “Website”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Website, or otherwise made available to you by Company (“Additional Terms”). In the event these terms conflict with Additional Terms governing the use of the Website, these terms shall control the purchase of Products and use of Services. 
Please note that the Website may identify or make available products or services (which may include healthcare services, drugs, or medical devices) of certain third-party healthcare providers. Such products or services are considered “Third-Party Materials.” Company, itself is not a healthcare provider, and is not responsible for any such Third-Party Materials.
BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR THE AGE OF MAJORITY) OR HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT IF YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE BUT UNDER EIGHTEEN (18) YEARS OF AGE. NOTWITHSTANDING THE FOREGOING, MINORS UNDER THIRTEEN (13) YEARS OLD ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR TO ENTER INTO THIS AGREEMENT, EVEN IF A PARENT OR LEGAL GUARDIAN WOULD BE WILLING TO PROVIDE CONSENT. A parent or legal guardian of an individual under the age of eighteen (18) may prohibit such individual’s use of the Website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Website without your consent or authorization, Company patients, please contact support@skinresearchinstitute.com. 
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes.
Your use of the Website following any changes to this Agreement will constitute your acceptance of such changes. The “LAST UPDATED” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links); charge, modify, or waive any fees required to use the Website; or offer opportunities to some or all Website users.
1. Information Submitted Through the Website; Jurisdiction
Your submission of information through the Website and/or Services is governed by Company’s Privacy Notice, located at  https://skinresearchinstitute.com/privacy.html (“Privacy Notice”). You represent and warrant that any information you provide in connection with the Website or Services is and will remain accurate and complete and that you will maintain and update such information as needed.
The Website and Services are controlled or operated (or both) from the United States and are not intended to subject Company to any jurisdiction outside of California. Any use of the Website or Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Website or Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
2. Products and Purchase Terms
Price. Company reserves the right to determine the pricing of its Products. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our Website periodically for current pricing information. Company may change the fees for any feature or Product, including additional fees or charges, if Company provides advance notice of changes before they apply. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Products. The Website may make available goods, products, services, product listings, including descriptions and images of goods or services, and discounts or trials of goods or services (collectively, “Products”), as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product. Company reserves the right to limit any initial trial offers.
No Purchase For Resale Allowed. Company sells its Products direct to You (end consumers). Purchase of Products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If Company believes you are involved in purchase for resale, Company reserves the right to take any action against you, including, without limitation, to restrict sales to you and cancel your orders.
3. Consent to Communications; Acknowledgments
**By entering into this Agreement you agree to receive communications from Company, including via email, text message, SMS message, voice call, and push notifications (“Communications”). Voice calls and text messages (if you opt in to receive text messages) will be to the phone number you supply to Company. You agree that text messages may be made using automatic dialing systems or other automated technologies. Communications from or on behalf of Company may include but are not limited to: operational communications concerning your use of the Website or use of the Company’s products and platform; informational communications concerning shipping, your payment method, and messages from your provider; marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive Communications is not a condition of any purchase.

**IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL), YOU CAN REPLY WITH THE WORD “STOP”. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES MAY IMPACT YOUR USE OF THE SERVICES.

**You understand that you will periodically receive correspondence from Company at the email address you submit to Website. Text message frequency varies. While correspondence sent from Company to you will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The submission of your email address indicates your consent for Company to transmit your Personal Information, including your Health Information, to such address. For more information on Personal Information and Health Information, review our Privacy Notice located at https://skinresearchinstitute.com/privacy.html.

**You understand that the tele-dermatology services and any customized prescription products made available through the Website are provided by U.S. licensed medical providers. Company is not itself a healthcare provider.

**You understand that the Website, Services, and Products facilitate dermatology consultations limited to the diagnosis and treatment of acne and skin aging (and related conditions), and not for any other medical or dermatological conditions, including skin cancer.

**You understand that the Website and Services are not a substitute for the in-person treatment or advice of your local dermatologist, primary care physician or any other qualified healthcare professional.

**You understand that you should never delay seeking advice from your dermatologist, primary care physician or any other health professionals due to any diagnosis, advice or other information provided (or the omission of any such information) by Company, the Website, Services, or Products, or a healthcare provider through Company, the Website, Services, or Products.

**You understand that the Website, Services, and Products are not to be used in connection with medical emergencies. If you are experiencing a medical crisis, please call 9-1-1 or contact your local emergency assistance services immediately. If you are not feeling well, please contact your primary care physician.

**You understand that Company undertakes no obligation to review the inactive ingredients and/or the base ingredients in any product that is recommended or sold to you through the Website or Services, including, without limitation, to ascertain that you are not allergic to such inactive or base ingredients. You further understand that it is solely your responsibility to review those ingredients, as listed on the Website. If you have any questions or are experiencing any issues with Company Communications to you, please contact support@skinresearchinstitute.com.
4. Rules of Conduct
In connection with the Services, Website, and Products, you must not:
**Contact or seek to contact any healthcare professional associated with Company outside of the Website.

**Post, transmit or otherwise make available through or in connection with the Website or social media sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

**Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).

**Allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication.

**Use the Website for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful.

**Create a false identity for the purpose of misleading others, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

**Harvest or collect information about users of the Website.

**Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.

**Restrict or inhibit any other person from using the Website.

**Infringe the patent, trademark, trade secret, copyright or other intellectual property or other rights of another person or entity.

**Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein or otherwise use the Website for the benefit of a third party or to operate a service bureau, without Company’s express prior written consent.

**Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.

**Remove any copyright, trademark or other proprietary rights notice from the Website.

**Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Company’s express prior written consent.

**Systematically download and store Website content.

**Attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into or used in connection with the Website.

**Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without Company’s express prior written consent.

**“Frame” or “mirror” any Company content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
In connection with the Website, you shall notify Company immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Website and to comply with any corrective action taken by Company.
You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Website.
We reserve the right to investigate any transactions, activity, or interaction with our Website, Services, or Product(s) that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s). We reserve the right to cancel any order, shipment, consultation, and/or terminate any account that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s), including, without limitation, by engaging in a pattern of creating multiple accounts. Any failure to comply with this Agreement, any fraud or abuse, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your account. If Company has any reason to suspect fraudulent activity is associated with your account, Company reserves the right to delay or withhold Products and/or Services. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. Company decisions are final.
5. Transactions
We may make available the ability to (i) communicate with a healthcare provider and (ii) purchase or otherwise obtain certain Products or Services through the Website (collectively referred to as a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information. You represent and warrant that you have the right to use any credit card or other payment information that you submit in connection with a Transaction. By submitting such information, you hereby authorize Company to charge you and grant to us the right to provide such information to third parties for purposes of facilitating Transactions, including Company’s third-party payment processing service. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If your payment method fails or fees associated with Products or Services are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file and/or retaining collection agencies and legal counsel. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. We reserve the right to change the types of Transactions for which we charge, and we reserve the right to charge for consultations with your healthcare provider. Trials and subscriptions of Products or Services are subject to the terms and conditions applicable to such trials and subscriptions available on the Website.
Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, trial or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies located at https://skinresearchinstitute.com/terms.html. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or Service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
6. Your Limited Rights
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Website, you may view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
7. Company’s Proprietary Rights
Company owns the Website, including the software, code, proprietary methods, systems, content and any other intellectual property or proprietary rights used to operate the Website (the “Website IP”), which is protected by proprietary rights and laws. The Website IP also includes our copyrights, trade names, trademarks and service marks, and associated logos. All Website IP on the Website not owned by us is the property of its respective owners. You may not use Website IP in connection with any product or service that is not ours, or in any manner that is likely to cause consumer confusion. Except for the limited license set forth in Section 6, nothing contained on the Website should be construed as granting any right to use any Website IP without the express prior written consent of the owner.
8. Third Party Materials
Certain Website functionality may make available access to information, products, services and other materials made available by third parties (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials.
We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third-Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS). COMPANY ACCEPTS NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES OR SERVICES.
9. Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
10. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE AND ANY PRODUCTS OR SERVICE AND THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS OR SERVICES AND THIRD-PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ANY PROVIDER ENTITIES, AND THEIR AFFILIATES AND RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the Website, we do not guarantee that the Website is or will remain updated, complete, correct or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any such alteration, contact support@skinresearchinstitute.com. with a description of such alteration and its location on the Website.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE WEBSITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE WEBSITE AND (2) ONE HUNDRED U.S. DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND/OR PRODUCTS OR SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

12. Indemnity and Release
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Website (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
13. Termination
This Agreement is effective until terminated. Company may terminate, discontinue, cancel, suspend, change, or limit Your use of the Website or Services at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records may be retained by Company for a period of at least five (5) years, unless a longer or shorter period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23, or as required by state or federal law. Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section shall be subject to compliance with any notice or waiting period provided by applicable law. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of your ability to use the Website, Services, or Product(s). If you are dissatisfied with any aspect of the Website, Services, or Product(s) at any time, your sole and exclusive remedy is to cease participating in the Website, Services, and Product(s). Termination will not prejudice either you or our remedies at law or in equity.
14. Information or Complaints
If you have a question or complaint regarding the Website, Product(s), or Service(s), please send an e-mail to support@skinresearchinstitute.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
15. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to Company a written notice by mail or e-mail, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. 

Privacy Notice

Last Updated: December 14, 2021
Skin Research Institute LLC (“Company”) makes customized skincare affordable and accessible. We use the information you (referred to throughout as “You”) share with us to help provide you with a customized experience from when you start interacting with us to when you receive your own personalized treatment plan.
Company, our fully owned and operated brands, and our provider and related entities (collectively referred to as “Affiliated Entities”, “We”, “Us”, or “Our” both capitalized and uncapitalized) take your privacy and trust in us seriously. We are committed to protecting the privacy and security of the information that you share with us.
The purpose of this Privacy Notice is to explain how we may collect, use, store, disclose, or otherwise process your personal information when you interact with us through the Company website located at https://skinresearchinstitute.com, our mobile application(s)/website, our products and services, and/or other communication channels under our control such as email, telephone, or social media that link to this Privacy Notice (collectively referred to as “Services ” or “ Website”).
The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. All capitalized terms not otherwise defined in this Privacy Notice have the same meaning as set forth in the Company Terms of Service.
If you have questions or concerns about this Privacy Notice, please contact us at support@skinresearchInstitute.com. 
1. Collection of Information
Company collects and stores a variety of information when you use our Services so that we can provide the Services to you. If we do not have this information, you may not be able to access or use part or all of our Services. The specific types of information we collect will depend on the Services you use, but may include the following:
Personal Information. Personal information means information associated with or used to identify or contact a specific person. Personal information we collect may include:
**Identifiers such as your first and last name, date of birth, sex or gender, physical address, email address, phone number, identification numbers, etc.

**Audio, visual, and other electronic information such as photographs and videos for purposes other than diagnosis or treatment

**Commercial information such as your order history, products purchased or considered, payment information, and shipping history

**Internet and network activity information such as IP address, geolocation information, device information, log data, and cookies and similar technologies

**Inferences drawn from any of the information collected about you such as your preferences, characteristics, and behavior, etc.
Health Information. Health information is a type of personal information that includes any identifying information we collect relating to your medical history, including symptoms, diagnoses, treatment and outcomes. Health information we collect may include:
**Audio, visual, and other electronic information such as photographs and videos for purposes of diagnosis or treatment

**Medical history such as medical conditions, medications, allergies, treatment options, prescriptions, and any other health-related information for purposes of diagnosis or treatment.

**Commercial information such as your order and shipping history
2. Sources of Information
We collect information about you from the following categories of sources: 
You (Actively). You may actively provide us information when you use our Services such as through our websites, emails, social media, surveys, sweepstakes and promotions, customer support, or any other online or offline interactions.
You (Passively). You may also passively provide us information through your interactions and use of our Services such as your IP address, access times, hardware and software information, device information, device event information (e.g., crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We may use cookies and other tracking technology to collect this information. For more information on the cookies and other tracking technology we use, please see the Cookie section below.  
Third Parties. We may receive information from third parties such as affiliates, business partners, and service providers to operate our business and improve your experience and interactions with us.
Publicly Available Database. We may receive information that is available publicly, either online or offline, to operate our business and improve your experience and interactions with us.
3. Use of Information
Company and our service providers may use information about you to:
**Provide tele-dermatology and related services;

**Verify your identity as the holder of an account with us;

**Administer your account, process payments, troubleshoot issues, and provide you with customer support;

**Communicate with you about the Services, and to deliver any administrative notices or alerts and communications relevant to your use of the Services;

**Allow you to participate in sweepstakes, contests, or other promotions;

**Market our services and those of third parties that we believe may be of interest;

**Tailor the features, performance and support of the Services to you and your preferences;

**Provide, operate, analyze usage of, and improve the Services, including performing product research and development;

**Investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service or other policies;

**Make sure our terms, policies, and agreements with you and any third parties are enforced;

**Comply with applicable laws and regulations.
4. Sharing of Information
We understand the importance of protecting the confidentiality of your information and limit our disclosure of your personal and/or health information to the following possible scenarios:
**To licensed medical providers (including those who provide healthcare services, drugs, or medical devices) so that they may provide you with the tele-dermatology and related products and services you request;

**To third-party service providers acting on our behalf or to entities with whom we may collaborate with to offer and deliver the Services;

**In order to protect the safety and security of Company, the Services, our operations, our systems, our properties, our customers, or any other related person or entity;

**In order to investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service or other policies;

**In order to establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others;

**In order to comply with applicable laws or legal processes such as a court order or subpoena;

**In connection with any reorganization, restructuring, merger, sale, acquisition, financing, dissolution, or other transfer of assets under the condition that the recipient agrees to respect your information in a manner that is consistent with this Privacy Notice.
5. Cookies and Other Tracking Technology
We use cookies and other tracking technologies to collect information about your use of our Services. Cookies are small files, typically comprised of letters and numbers, that your computer or mobile device saves when you visit certain websites. When you return to the websites that save cookies on your device—or visit other websites that use the same cookies—the websites recognize such cookies and your browsing device.
Generally, we use first-party and third-party cookies for the following purposes: to make our Services function properly; to provide a secure browsing experience during your use of our Services; to collect information about your use of our Services to help us improve and optimize our Services; to remember your preferences for your convenience; and to market our Services, including by showing ads or content on our Services or on third-party sites.
We use the following types of cookies on our Services:
**Strictly Necessary Cookies, which are needed for the Site or Services to operate as reasonably expected by you.

**Functional or Preference Cookies, which remember your name or choices.

**Performance or Analytic Cookies, which collect passive information about your use of the Site or Services.

**Advertising or Targeting Cookies, which are used to make advertising messages more relevant and personalized to you based on your inferred interests.
Depending on whether you would like to manage a first-party or third-party cookie, you will need to take the following steps:
**First-Party Cookies: You can enable, disable, or delete cookies through the browser you are using to access our Services. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of our Services, and/or parts of the Services may not work properly for you. You can find more information about how to change your browser cookie settings at https://www.allaboutcookies.org.

**Third-Party Cookies: You can disable cookies from third parties by using your browser settings or, if available, directly opting-out of cookie collection with the third-party cookie service provider via their website. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at the following websites: Network Advertising Initiative, Ad Choices, Facebook, Google Ads.
Google Analytics. We use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: policies.google.com/privacy. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: tools.google.com/dlpage/gaoptout.
Location Information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.
6. Persons Under the Age of 16
Persons under the age of 13 are prohibited from using our Services. Persons between the ages of 13 and 15 may only use our Services with the legal authorization of their parent or legal guardian. Company does not knowingly collect any information from persons under the age of 13 (or from persons between the age of 13 and 15 without appropriate authorization). 
Please contact us if you believe we have collected user information about a child without consent from their parent or guardian so we can take corrective action. Requests should include a description of the specific posted information (including information that will allow us to confirm it was created and posted by you) and should be sent to support@skinresearchinstitute.com.
7. Security of Information
Company understands the importance of securing your information. We are continuously implementing and updating our administrative, technical, and physical security measures to protect your information. For example, we use firewalls to monitor and control our network traffic, encryption to secure our data transmissions, and cryptographic hash functions to store or share certain data.
Please be aware that using the Internet comes with inherent risks. No method of data transmission or method of physical or electronic storage can be guaranteed to be perfectly secure. There is some risk that an unauthorized third party may find a way to circumvent our security or that a transmission of your information over the Internet will be intercepted. Company takes the measures stated above to provide a level of security appropriate to the risks of processing your information. You acknowledge and accept that we cannot guarantee the security of your information.
Aside from our efforts in securing your information, it is your responsibility to protect the security of your account credentials and keep your password confidential. If you notice suspicious activity or believe that your account may have been compromised in some way, please contact us immediately at support@skinresearchinstitute.com.
8. Retention of Information
We may retain your information as required or permitted by applicable laws and regulations. For example, if you are a resident of certain jurisdictions you may be able to request to have your personal information deleted. If your request is granted, we may still be required by medical laws to retain your health information for a period of time. Your medical records will be retained by Company for a period of at least five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23 or as required by state or federal law.
9. Your Choices
In order to provide our Services to you, we may send you communications related to your transactions, security, or the administration of this website. Transactional emails are emails we send you relating to your account or in connection with providing you the Services such as emails changing your password, emails in response to your support request, and emails from your medical provider. 
From time to time, Company may also send you marketing emails to provide you with free newsletters, surveys, offers, and other promotional materials. If you wish to stop receiving marketing emails from us, you can opt out by clicking the unsubscribe link at the bottom of any marketing email or contact us at support@skinresearchinstitute.com. Please be aware that you cannot opt out of transactional emails. You may opt in to receive text messages. If you decide you no longer wish to receive text messages (including operational, promotional, or transactional) from us, you can opt-out of receiving future text messages by replying “STOP.” However, you acknowledge that opting out of receiving text messages may impact your use of the Services.
You may access your Company account information by going to the “Your Account” page. You can edit your account information as necessary, such as your email address, name, phone number, and more. When you update your account information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your personal information, such as your name or email, we will no longer be able to provide you with access to our Services.
If you are a California resident, please see the next section regarding your rights. 
10. California Privacy Rights
California Consumer Privacy Act of 2018 (CCPA)
If you are a California resident you have the following rights subject to certain exceptions:
**The right to know about what personal information in the last 12 months was collected, how it is used, and whether it is disclosed for a business purpose or sold to third parties;

**The right to request deletion of personal information;

**The right to opt-out of the sale of personal information; and

**The right to non-discrimination for the exercise of privacy rights.
You may submit a request to access or delete your personal information by emailing support@skinresearchinstitute.com or filling out our online form here. Before we approve your request(s), we will ask you to verify certain Personal Information that we have on file. Please note that requests pursuant to the CCPA are limited to non-medical personal information as the CCPA does not apply to health information governed by the CMIA.
Company does not sell your personal information within the normal meaning of the word, but we do use cookies, pixels, and similar technology to improve your user experience. Like many websites, we share certain information, such as your IP address, device ID, click ID, or other similar online identifiers, with certain third-party advertisers in order to optimize our marketing activities and improve your user experience. Under the CCPA’s broad definition of “sell”, this could be considered a sale. If you wish to opt out of this activity, you may do so here. ‍We do not sell the personal information of minors who are at least 13 years old and less than 16 years old, without their opt-in consent.
If you opt-out of the sale of your personal information, we will wait at least 12 months before asking you if we may sell your personal information. You have the right to opt-in to the sale of your personal information after you have opted out. If you would like to opt-in to the sale of your personal information, you can email us at support@skinresearchinstitute.com. Opting-in is a two-step process in which you will first clearly request to opt-in, and then separately confirm that choice.
We will not discriminate against you for exercising your rights under the CCPA.
Please note that requests pursuant to the CCPA are limited to non-medical personal information as the CCPA does not apply to health information governed by the CMIA. Before we approve your request(s), we will ask you to verify certain Personal Information that we have on file. You may submit a request to access or delete your personal information by emailing support@skinresearchinstitute.com or filling out our online form here.
You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent, you or your authorized agent must provide written proof to support@skinresearchinstitute.com that the agent has a valid power of attorney pursuant to California Probate Code sections 4000-4465 or by submitting a signed, notarized authorization form. 
The table below summarizes the categories of personal information categories, as identified by the CCPA that Company has collected in the last twelve months, and the third-parties with whom we may share your information. for a business purpose as described in Section 4, above. The sources from which we collect personal information can be found in Section 1 above entitled “Sources of Information.” For purposes of this Section 11 only, “personal information” has the meaning given in the CCPA, but excludes information exempted from the scope of the CCPA, such as health information that is exempt from the CCPA, as noted above. 
Categories of Personal Information Collected    Categories of Third Parties
A. Identifiers    Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics)
B. Certain Personal Information (§1798.8)    Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics)
C. Certain Characteristics of Protected Classifications    Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Website Optimization, Data Analytics)
D. Commercial Information    Affiliated Entities; Medical Providers; Service Providers (Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics)
F. Internet or Network Activity Information    Service Providers (Customer Support/Feedback, Marketing Services, Operating Systems, Website Optimization, Data Analytics)
H. Certain Audio/Electronic/Visual/Similar Information    Affiliated Entities; Medical Providers; Service Providers (Operating Systems, Website Optimization, Data Analytics)
I. Professional/Employment-related Information    Affiliated Entities; Medical Providers; Service Providers (Talent Acquisition)
K. Inferences    Service Providers (Website Optimization, Data Analytics)
“Shine the Light” Law (California Civil Code § 1798.83)
California law permits California residents to request certain details about how their information is disclosed with third parties for third-party direct marketing purposes. We do not share your information with third parties for their direct marketing purposes.
Privacy Rights for California Minors in the Digital World Act
If you are a California resident under the age of 18 and are a registered user of the Services, then you may request that we remove information you posted on the Services. Please be aware that applicable state or federal law may prevent Company from deleting certain categories of information such as health information. Request for removals should include a description of the specific posted information (including information that will allow us to confirm it was created and posted by you) and should be sent to support@skinresearchinstitute.com. 
Do Not Track
Certain web and mobile browsers allow you to send a signal to inform websites that you do not want your online activities tracked. At this time, we do not currently respond to “Do Not Track” signals or similar mechanisms.
11. Updates
We may update this Privacy Notice from time to time and make changes to our information practices as permitted by law. You can reference the date on the bottom to determine when this Privacy Notice was last updated. Any changes will become effective when we post the revised Privacy Notice on the Services. If you are registered for the Services, you will be notified of any material changes to this notice prior to them becoming effective. Your use of the Services following this notice means that you acknowledge and accept the revised Privacy Notice.
 

Informed Consent to Treatment via Telehealth

Last Updated: December 14, 2021
Telehealth involves the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Telehealth services offered via Skin Research Institute LLC (“Company”), including any agents, parent companies, providers, subsidiaries, or related entities (collectively, “Company” or “We” or “Us” both capitalized and uncapitalized), may also include chart review, remote prescribing, appointment scheduling, health information sharing, and non-clinical services, such as patient education. The information you provide may be used for diagnosis, therapy, follow-up and/or patient education, and may include any combination of the following: (1) health records and test results; (2) images and asynchronous communications; (3) live two-way audio and video; (4) two-way interactive audio with store and forward; and (5) output data from medical devices and sound and video files. This consent form hereby incorporates by this reference any additional terms and conditions posted by Company through the Website, or otherwise made available to you by Company (“Additional Terms”).
The electronic communication systems we use will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
Our providers, affiliates, and medical professionals (“Providers”) are an addition to, and not a replacement for, your local primary care provider. Responsibility for your overall medical care should remain with your local primary care provider, if you have one, and we strongly encourage you to locate one if you do not.
Expected Benefits. You can expect, but we do not guarantee, some of the following benefits by using telehealth services: 
Improved access to care by enabling you to remain in your home while your Provider consults and obtains test results at distant/other sites.

More efficient care evaluation and management.

Obtaining expertise of a specialist as appropriate.

You may contact your Provider for follow-up questions by directly sending a message to your Provider via our member portal.  Your Provider will be familiar with and have access to available medical resources in order to make an appropriate referral where medically indicated.  Your Provider will typically respond within thirty-six hours.
Service Limitations. There are some limitations inherent to telehealth that you should be aware of, including, but not limited to:
The primary difference between telehealth and direct in-person service delivery is the inability to have direct, physical contact with the patient. Accordingly, some clinical needs may not be appropriate for a telehealth visit and your Provider will make that determination.

OUR PROVIDERS DO NOT ADDRESS MEDICAL EMERGENCIES. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 9-1-1 AND/OR GO TO THE NEAREST EMERGENCY ROOM.  PLEASE DO NOT ATTEMPT TO CONTACT COMPANY OR ITS AFFILIATES.  AFTER RECEIVING EMERGENCY HEALTHCARE TREATMENT, YOU SHOULD VISIT YOUR LOCAL PRIMARY CARE PROVIDER.
Possible Risks. The following are some, but not all, risks associated with using telehealth:
Delays in evaluation and treatment could occur due to deficiencies or failures of the equipment and technologies, or Provider availability.

In rare events, your Provider may determine that the transmitted information is of inadequate quality, thus necessitating a rescheduled telehealth consult or a meeting with your local primary care doctor.

In very rare events, security protocols could fail, causing a breach of privacy of personal medical information.

In very rare events, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
Consent. By checking the box associated with our services, you acknowledge that you understand and agree with the following:
1.I hereby consent to receiving services via telehealth technologies. I understand that Company and its Providers offer telehealth-based medical services, but that these services do not replace the relationship between me and my primary care doctor. I also understand it is up to the Provider to determine whether or not my specific clinical needs are appropriate for a telehealth encounter.

2.I understand a licensed Provider will be assigned to me prior to the consult, however, I can request a different licensed Provider if available. I can review the credentials of my assigned Provider.

3.I understand that federal and state law requires health care providers to protect the privacy and the security of health information. I understand all medical reports resulting from the telehealth visit are part of my medical record.

4.I understand that Company and Provider will take steps to make sure that my health information is not seen by anyone who should not see it. I understand that telehealth may involve electronic communication of my personal medical information to other health practitioners who may be located in other areas, including out of state.

5.I understand there is a risk of technical failures during the telehealth encounter beyond the control of Company and Provider. I AGREE TO HOLD HARMLESS COMPANY AND ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, REPRESENTATIVES, ASSIGNS, PARENTS, PREDECESSORS, AND SUCCESSORS FOR DELAYS IN EVALUATION OR FOR INFORMATION LOST DUE TO SUCH TECHNICAL FAILURES.

6.I understand that I have the right to withhold or withdraw my consent to the use of telehealth in the course of my care at any time, without affecting my right to future care or treatment. I understand that I may suspend or terminate use of the telehealth services at any time for any reason or for no reason.

7.I understand that if I am experiencing a medical emergency, that I will be directed to dial 9-1-1 immediately and that my Provider not able to connect me directly to any local emergency services.

8.I understand that alternatives to telehealth consultation, such as in-person services are available to me.

9.I understand that I may expect the anticipated benefits from the use of telehealth in my care, but that no results can be guaranteed or assured.

10.I understand that my healthcare information may be shared with other individuals for operational, quality assurance, scheduling, and billing purposes. If I have a real-time consultation, persons may be present during the consultation other than the Provider during such real-time consultation in order to operate the telehealth technologies. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/examination that are personally sensitive to me; (2) ask non-medical personnel to leave the telehealth examination; and/or (3) terminate the consultation at any time.

11.I understand that I will not be prescribed any narcotics for any reason, nor is there any guarantee that I will be given a prescription at all. I understand that the decision of whether a prescription is appropriate will be made in the professional judgement of my Provider.

12.I understand I can choose to fill my prescription at a pharmacy of my choice.

13.I understand that my Provider reserves the right to deny care for potential misuse of the Services or for any other reason if, in the professional judgment of my Provider, the provision of the Services is not medically or ethically appropriate.

14.I understand that if I participate in a consultation, that I have the right to request a copy of my medical records which will be provided to me at reasonable cost of preparation, shipping, and delivery.

PATIENT CONSENT. I HAVE READ THIS DOCUMENT CAREFULLY AND UNDERSTAND THE RISKS AND BENEFITS OF THE TELEHEALTH CONSULTATION AND HAVE HAD MY QUESTIONS REGARDING THE PROCEDURE EXPLAINED AND I HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEHEALTH CONSULTATION UNDER THE TERMS DESCRIBED HEREIN.