Welcome to GoodSkin Clinics. These Terms of Service set forth the terms and conditions that apply to your access and use of our website (https://www.goodskinclinics.com/) and other services (collectively, the “Services”) provided by GoodSkin. Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services.
THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER, JURY WAIVER, AND AN AGREEMENT TO RESOLVE ANY DISPUTE THAT MAY ARISE BY ARBITRATION.
The terms “GoodSkin” or “us” or “we” or “our” refer to Aesthetics Management, Inc. and its affiliates including GoodSkin L.A, a medical corporation and Lisa Goodman, Physician Assistant, PLLC (collectively “GoodSkin”) the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.
Account Security. To use the Site you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) use the Site in compliance with any and all applicable laws and regulations. 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.
Services Provided. NO MEDICAL CARE OR ADVICE BY GOODSKIN. The Site is designed to enable you to request and book certain professional services to be provided by a licensed medical professional. You acknowledge and agree that the Site and Content offered by GoodSkin is not medical advice or care, and that no patient-provider relationship is being established by you visiting or using this Site. You also acknowledge and agree that the Content being provided on this Site is educational information only. The Content contained on this Site is not intended to recommend the self-management of health problems or wellness, nor is it intended to endorse or recommend any particular type of medical treatment. Should you have any health care related questions, promptly call or consult your physician or healthcare provider. No Content contained on this Site should be used to disregard medical and/or health related advice or provide a basis to delay consultation with a physician or a qualified healthcare provider. If you think you may have a medical emergency, go to the nearest hospital emergency department, or call 911 immediately. The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by GoodSkin. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided on the Site is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
Prohibited Conduct. You agree not to: (a) use the Site for any illegal purpose, or in violation of any local, state, national, or international law; (b) violate or encourage others to violate the rights of third parties, including intellectual property rights; © post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate; (d) interfere in any way with security-related features of the Site; (e) interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent; (f) access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without GoodSkin’s express written permission; (g) perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or (h) sell or otherwise transfer the access granted herein.
Third Party Content. The Site may contain links to third party websites and services. GoodSkin provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that GoodSkin has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
Product Information. GoodSkin attempts to be as accurate as possible. However, GoodSkin does not warrant that product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free. If a product offered by GoodSkin is not as described, your sole remedy is to return it in unused condition.
Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to GoodSkin through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to GoodSkin, except third-party trademarks or service marks, which are the property of their respective owners. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Services below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties. GoodSkin’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GoodSkin or its affiliates or licensors. You must not use such marks without the prior written permission of GoodSkin. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless GoodSkin from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. GoodSkin reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim
Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, GoodSkin in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting GoodSkin at email@example.com After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but GoodSkin may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
Modification of the Terms. GoodSkin reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
Disclaimers of Warranties. The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although GoodSkin seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. GoodSkin specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. GoodSkin does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
Limitation of Liability. In no event will GoodSkin be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not GoodSkin has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Subject to Section 12, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and GoodSkin agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Los Angeles County, California, for the purpose of litigating all such disputes.
Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
CAN-SPAM/ TCPA Compliance. GoodSkin is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in herein. Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “How to Contact Us.” You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit GoodSkin products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold GoodSkin and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold GoodSkin and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against GoodSkin or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
Dispute Resolution by Binding Arbitration, Jury Waive and Class Action Waiver. In the interest of resolving disputes between you and GoodSkin in the most expedient and cost effective manner, you and GoodSkin agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
- General. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms of Service promptly by negotiation between individuals who have authority to settle the controversy. If good faith negotiations do not lead to an amicable resolution within thirty (30) business days of commencing negotiations, any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The tribunal will consist of one arbitrator. The arbitration will take place in the city and country where GoodSkin’s headquarters is located. If this location is not feasible, the arbitration shall occur in a location of GoodSkin’s choosing. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Waiver of Jury Trial. YOU AND GOODSKIN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and GoodSkin are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and GoodSkin over whether to vacate or enforce an arbitration award, YOU AND GOODSKIN WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. YOU AND GOODSKIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor GoodSkin is entitled to arbitration, and all claims and disputes will be resolved pursuant to Section 20(e).
- Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 11760 San Vicente Blvd. Los Angeles, CA 90049 postmarked within thirty (30) calendar days of first accepting these Terms of Service. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms of Service’s arbitration provisions.
- Exclusive Venue. If you send the opt-out notice in Section 21(d), and/or in any circumstances where the foregoing arbitration agreement permits either you or GoodSkin to litigate any dispute arising out of or relating to the subject matter of these Terms of Service in court, then the foregoing arbitration agreement will not apply to either party, and both you and GoodSkin agree that any judicial proceeding will be brought in the state or federal courts located in California.
- Right to Modify. GoodSkin may unilaterally, at its sole discretion, change, add, or delete portions of this Agreement at any time on a going-forward basis. Continued use of the Services following any such changes will indicate User’s acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes. Additionally, GoodSkin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that neither GoodSkin Corp., any affiliate or subsidiary thereof, nor any of their respective shareholders, members, directors, managers, officers, employees, independent contractors or agents, will be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
- No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Contact Information. Please contact us with any questions or comments about these Terms of Service, your personal information, our use and disclosure practices, or your consent choices by e-mail at firstname.lastname@example.org or by U.S. postal service at:
11760 San Vicente Blvd
Los Angeles, CA 90049
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The GoodSkin mobile message service (the "Service") is operated by Aesthetics Management, Inc. (“Goodskin”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to GoodSkin SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of GoodSkin through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. By entering your phone number and clicking subscribe, you consent to receive marketing and promotional messages from GoodSkin at the number provided. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, information, and reminders (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, abandoned cart, coupon, reminders, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with GoodSkin. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to 79761 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other GoodSkin mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.