Your use of this Site constitutes your agreement to comply with the following terms and conditions (the “Terms and Conditions”) which govern your use of this web site provided by the SkinTrust Society™ including without limitation use of all services, content, data, images, information and other materials posted on or available through this web site (collectively, the “Site”). Your continued use of this Site will indicate your agreement to be bound by the Terms and Conditions set forth below. If you do not agree to these Terms and Conditions, promptly exit this Site. The Site is owned and operated by the SkinTrust Society (referred to as “STS,” “we,” “us,” or “our” herein).
1. NO MEDICAL ADVICE
The contents of the SkinTrust Society are for informational purposes only and are not intended to replace consultation with a qualified physician for medical advice, diagnosis, or treatment. The exchange of personal medical information is strictly prohibited on this site. We do not answer specific medical questions. The content and information provided is not patient specific and not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please seek guidance from your physician or other qualified health provider with any questions you may have regarding a medical condition. If you have known allergies to specific ingredients or have underlying skin conditions, please contact your physician for guidance. Never disregard professional medical advice or delay in seeking it because of something you have read or viewed here. Reliance on any information provided here is solely at your own risk.
2. TRADEMARKS, COPYRIGHTS, AND INTELLECTUAL PROPERTY
This Site is protected by United States and international copyright and trademark laws. This Site and all materials contained on this Site including but not limited to images, text, photographs, designs, icons and illustrations, except those already covered by existing copyright and intellectual property protections, are the property of the SkinTrust Society, LLC (“SkinTrust Society”), and/or its owners.
The SkinTrust Society name and logo, and all related product and service names, are STS’s proprietary trademarks and service marks, and may not be used by any other party without the prior written permission of STS. Unauthorized use or distribution of the SkinTrust Society Dermatologist Approved Seal ™ is strictly prohibited. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the trademark owner.
All materials posted on this site are subject to copyrights owned by the SkinTrust Society (STS) and other third party entities. Reproduction of any content on the Site is strictly prohibited without prior written permission from the SkinTrust Society, or the other copyright owners. All services, content, data, information and other materials on or directly accessible from the Site are owned by the SkinTrust Society, its subsidiaries, affiliates, licensors, and/or vendors. Any copies that you make of material or other content provided through the Site must contain the same copyright and other proprietary notices that appear with the material or content. To reproduce, republish, alter, upload, post, transmit, distribute or publicly display material from this Site, you will need written permission from the SkinTrust Society. Users have a nonexclusive privilege to view and download material from this Site only for personal, non-commercial home use. SkinTrust Society will enforce its intellectual property rights to the fullest extent of the law. Any rights not expressly guaranteed herein are reserved by the SkinTrust Society.
3. DISCLAIMER OF WARRANTY
This Site, including any content or information contained within it or any Site-related service is provided “as is,” and/or “as available” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, title, or non-infringement or any warranty arising from a course of dealing, usage, or trade practice. You assume total responsibility and risk for your use of this Site, Site-related services and hyperlinked web sites. No oral or written information or advice given by the SkinTrust Society or the STS’s authorized representatives shall create a warranty or in any way increase the scope of this warranty; nor shall members or visitors to the site rely on any such information or advice.
4. LIMITATION OF LIABILITY
The SkinTrust Society and its representatives, affiliates, vendors, licensors, and other third parties mentioned on the Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the use or inability to use the Site, Site-related services and products, content or information contained within the Site, and/or any hyperlinked web site, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not advised of the possibility of such damages. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the web site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or hyperlinked web sites is to stop using the Site and/or those services. The user assumes sole responsibility and risk for the use of this Site and the Internet generally.
5. DISCLAIMER OF ENDORSEMENT
Reference on this Site to any products, services, or links to third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. The SkinTrust Society does not recommend or endorse any specific treatments, physicians, procedures, opinions or other information that may be mentioned on the site. Sponsorship of the STS does not imply endorsement of the sponsor’s products.
The contents of this Site, including the Skin Doctor ScoreTM and the SkinTrust Society Dermatologist Approved SealTM are meant for informational purposes only and do not make any representation or warranty regarding any of the scored or approved products or companies. The intent of this Site is to present the SkinTrust Society’s ideas and perceptions about the marketing, selling, and use of cosmetics and non-prescription skin care products. The purpose of this Site is to present consumer information and advice regarding cosmetics and skin care products. The information and recommendations presented strictly reflect the SkinTrust Society’s opinions, perceptions, and knowledge about the subject and products mentioned. Therefore, it is possible that some people may find success with certain products that are not approved or even mentioned on this Site. It is everyone’s unalienable right to judge products by their own criteria and/or to disagree with our assessments. More importantly, any product may cause a negative reaction on the skin, even if reviewed favorably on this Site. All products should be used as directed on the product container. Immediately discontinue using any product that causes irritation (redness, itching, burning, scaling, soreness, or other symptoms) and consult your physician. Prescription products and medical devices are regulated by the Food and Drug Administration
6. CODE OF CONDUCT
Visitors agree to use the Site only for lawful purposes and are prohibited from posting or transmitting on the Site any unlawful, fraudulent, harmful, threatening, abusive, harassing, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Visitors agree not to restrict or inhibit any other user from using and enjoying the Site and services; transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; transmit materials in violation of another party’s intellectual property rights; use the Site for any commercial or unlawful purposes; or modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
7. INFORMATION INTEGRITY AND ACCURACY
Although the SkinTrust Society attempts to ensure the accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the SkinTrust Society so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Any communications or material of any kind that you e-mail, post, or transmit through the Site (excluding personal identifiable information), including, questions, comments, suggestions, and other data and information (your “Communications”) will be treated as non-confidential and non-proprietary. You grant the SkinTrust Society at no cost a perpetual, nonexclusive, royalty-free, universal, irrevocable right and license to use, reproduce, adapt, publish, distribute, modify, transmit, display, disclose, sublicense such material (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications. Further, by submitting content to the SkinTrust Society, you represent and warrant that you have the authority to grant such rights to the SkinTrust Society and that the content you submit will not violate any right of any third party, including but not limited to copyright, trademark, and privacy rights.
The SkinTrust Society may, but is not obligated to, monitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. The SkinTrust Society however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. The SkinTrust Society retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
9. LINKS TO EXTERNAL WEB SITES
The SkinTrust Society makes no representations whatsoever about any other web site that you may access through this Site. When you access a non-SkinTrust Society site, please understand that it is independent from the SkinTrust Society, and that the SkinTrust Society has no control over the content on that web site. In addition, a hyperlink to a non-SkinTrust Society web site does not mean that the SkinTrust Society endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
The SkinTrust Society shall have the right, at any time and without notice, to: (a) change the Terms and Conditions; (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other related services or feature thereof. These Terms and Conditions may be modified by the SkinTrust Society at any time by us posting the modified terms on this Site, and your continued use of the Site thereafter shall be deemed acceptance of those Terms and Conditions. It is your responsibility to intermittently review the “Terms & Conditions” link on the Site to obtain the most current version of the Terms and Conditions.
11. INDEMNIFICATION AND RELEASE
You agree to indemnify, defend and hold harmless the SkinTrust Society from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys’ fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of these Terms and Conditions (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason.
You hereby agree to release us, our affiliates, owners, employees, agents, representatives, assignees and third-party service providers, and each of their respective directors, officers, employees, and agents from any an all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, contingent and actual claims, arising out of or in any way connected with your use of this Site.
The SkinTrust Society makes no representation that materials in the Site are appropriate or available for use in locations other than the State of Missouri, United States of America. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable.
You agree that these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Missouri, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the City of Saint Louis in the State of Missouri, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions herein are held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The Skin Trust Society hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use. As a condition of your use of this Site, you warrant to the Skin Trust Society that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site shall automatically terminate. The contents of the Site may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of the Skin Trust Society.
THIS LEGAL NOTICE IS SUBJECT TO CHANGE WITHOUT NOTICE.