Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This agreement is between you and My Skin of Color, Inc. (“Company”, “us, “we”, or “My Skin of Color”) regarding your use of the My Skin of Color site currently located at https://www.MySkinofColor.com (together with any current or future affiliated mobile application, successor site(s), or any services or materials available therein, collectively the “Site” or “Website”). The Site is intended to facilitate the provision of services to registered users. The “Services” may include: telecommunications support for using the Services as a means of direct access to health care providers, administrative support in connection with scheduling, and payment for health care provider services, and/or providing individuals with information on healthcare and wellness.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT ESTABLISHES AN ACCOUNT ON OR USES THE SERVICES.
Additional Terms and Amendments. In order to participate in or receive certain Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.
Changes to the Agreement. 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. 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.
Availability and Jurisdiction. My Skin of Color isn’t for everyone. The Services are only available to residents of the United States, and you hereby represent and warrant that you are a resident of the United States. Likewise, certain Services are currently only available to individuals located in certain states (“Operational States”). For the current list of Operational States, please visit our FAQs. To qualify for the Services, you must be located in one of the Operational States, depending on the type of Services.
Age restrictions. BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. 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, please contact us at provider@MySkinofColor.com. We have the right to terminate your use of the Service without warning or notice to you if we have reason to believe that you are in breach of these representations and/or if any Registration Information (as defined below) is false or inaccurate.
General Representations and Warranties of User:
- You understand that any prescription products prescribed through the Website are provided by affiliated professional entities and pharmacies, respectively, rather than by Company. Diagnosis, treatment recommendations, or both, rests with you and your My Skin of Color health care provider.
- You understand that the Website is not an appropriate substitute in some cases for the in-person treatment or advice of your local dermatologist, primary physician, or any other qualified healthcare professional. My Skin of Color will inform you if your condition is appropriate for treatment on the website.
- You understand that the website facilitate dermatology consultations limited to the diagnosis and treatment of acne, rosacea, hypotrichosis (eyelash thinning), androgenic alopecia (male pattern baldness), skin aging, pseudofolliculitis barbae, seborrheic dermatitis, axillary hyperhidrosis, melasma, lentigines, and post-inflammatory hyperpigmentation (PIH), and not for any other medical or dermatological condition, including skin cancer.
- 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 My Skin of Color, the Website or the Products, or a healthcare provider through My Skin of Color, the Website or Products.
- You understand that the Website is 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.
- All information you provide to My Skin of Color is true, accurate, current, and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current, and complete, as long as you are using the Website. If we have reasonable grounds to suspect such information is not true, accurate, current, or complete, we may deny or terminate your access to the Website (or any portion thereof) in our sole direction, subject to compliance with any notice or waiting period provided by applicable law.
1.1 Creating Your Account. Prior to receiving and in order to receive a Consultation, you must provide us with true, accurate, and complete information as requested on the Registration Information (intake form under “Getting Started”), accepting this Agreement, and signing the Telehealth Consent Form. You will promptly update all information to keep it true, accurate, and complete. Should we suspect that any information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Services. You will not: (a) start a Consultation for anyone other than yourself and (b) transfer your Consultation and resulting prescription(s) to anyone else.
1.2 Use Restrictions. The Services are for the personal use of Users only and Users may not use them in connection with any commercial endeavors. You represent and warrant that you will use the Services solely for your own personal benefit and that you will not resell or distribute the Services. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s prior explicit consent. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the services connected to the Services; or (ii) introduce software or automated agents to the Services so as to produce multiple Accounts, generate automated messages, or to strip or mine data from the Services. You will not attempt to impersonate another User or person, including, without limitation, any employee of My Skin of Color. At all times, you will use the Services in a manner consistent with any and all applicable laws and regulations.
1.3 Services. Prior to receiving a Consultation, you must sign the Telehealth Consent Form, and each time you order a Consultation you must provide payment for the Consultation as described in Section 4. To order a Consultation, you must be at least 18 years of age. Upon completion of your intake form, if your case is appropriate for the Service, My Skin of Color will assign a dermatology provider (Nurse Practitioner, Physician Assistant, or MD/DO) to you who is licensed to practice within your state and will send you a confirmation by email.
1.4 Term. This Agreement shall remain in full force and effect while you use the Services. My Skin of Color may terminate your Service for any reason, effective upon sending notice to you at the then-current e-mail address in your intake form. Even after any termination, Sections 5 through 16 of this Agreement will remain in effect. You understand that My Skin of Color reserves the right to delete any Information or Content (as defined below) upon termination of this Agreement, but may retain any Registration Information or Content for archival purposes or as required by law. My Skin of Color will not have any liability whatsoever to you for any termination of your Service or related deletion of your information.
2.1 Payment terms. You agree to pay all fees due for services requested. You will be sent a prompt for your payment details, such as your credit card information. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. You understand and agree that you are responsible for all fees due to receive health care services. In the event that your credit card expires or My Skin of Color, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. My Skin of Color and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services unless and until full payment has been received and/or verified.
2.2 Acceptance policy. Your receipt of an electronic confirmation merely confirms our receipt of your consultation and does not signify My Skin of Color’s acceptance of your consultation. Your consultation will be deemed accepted when your assigned dermatology provider provides you with your Consultation. In the event that your assigned dermatology provider cannot provide you with a Consultation for any reason, My Skin of Color reserves the right at any time after receipt of your Consultation to decline your Consultation. In the event that My Skin of Color declines your Consultation, My Skin of Color will return your payment using the same payment method designated by you.
Content and Proprietary Rights.
3.1 Your Content. For purposes of this Agreement, “Content” means any and all postings, messages, text, files, images, photos, video, works of authorship, or other material. My Skin of Color does not claim ownership in any Content that you originate and publish, display, submit, upload or otherwise transfer (“post”) to the Service, including Content that you submit using the Services in connection with any Consultation. You hereby grant to My Skin of Color a non-exclusive, worldwide, irrevocable, perpetual, fully-paid and royalty free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to reproduce, modify, publicly display, publicly perform, prepare derivative works of, transmit, and distribute Content for the purpose of (a) providing you with the Services and (b) creating, using, and disclosing de-identified and/or aggregated data from Your Content. You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth in this section for the Content that you post on the Service and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. You are solely responsible for any and all Content that is posted by you on any Service.
3.2 User Guidelines. My Skin of Color reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other Users or third parties, including removing such content from the Services, notifying the appropriate authorities, barring violators from accessing the Services, and terminating the Accounts of such violators. Without limiting the foregoing, you agree that you will not post any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by My Skin of Color, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for My Skin of Color.
3.3 My Skin of Color Content. The Services contains Content owned and/or developed by or on behalf of My Skin of Color and its licensors (“My Skin of Color Content”). My Skin of Color and its licensors (including Users) own and retain all proprietary rights in the My Skin of Color Content and the Services. You shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the My Skin of Color Content. My Skin of Color hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the My Skin of Color Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
- My Skin of Color EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE My Skin of Color FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF DERMATOLOGY PROVIDERS AND/OR USERS ON OR OFF THE WEBSITE OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY DERMATOLOGY PROVIDERS.
- Copyright Policy. Upon prompt notification to My Skin of Color by a copyright owner or a copyright owner’s legal agent, it is My Skin of Color’s policy to cease providing Service to any User who repeatedly infringes third party copyright rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Agent (using the contact information listed below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for My Skin of Color’s Agent for notice of claims of copyright infringement is as follows:
My Skin of Color Attn: Copyright 1417 Appleberry Way, West Chester, PA 19382
- Electronic communications. Communication between you and My Skin of Color will be affected through electronic means, including, without limitation, through the Website, e-mails, and/or SMS. For contractual purposes, you (a) consent to receive communications from My Skin of Color in any of these electronic forms; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that My Skin of Color provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
- No Warranty. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE, (B) My Skin of Color EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, My Skin of Color SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF My Skin of Color HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, My Skin of Color’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO My Skin of Color IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE My Skin of Color’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF My Skin of Color OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Release. You hereby release My Skin of Color, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interaction with any other User and/or with any Dermatology Provider.
- Termination. This Agreement is effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to provider@MySkinofColor.com. Company may terminate or suspend your use of the Website 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 user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of 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 old on the date the records may potentially be destroyed, your records will be kept until you reach the age of 23, or longer if 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.
- Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
- Requests and complaints. If you have a question or complaint regarding the Website, please send an e-mail to provider@MySkinofColor.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.
- Agency. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.
- Copyright and trademarks. Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of My Skin of Color or its affiliates. You are not authorized to use any such Marks without the express written permission of My Skin of Color. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
- No Professional Advice. All information, materials, content and/or advice on the Website is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. My Skin of Color expressly disclaims, and You expressly release My Skin of Color from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
- Miscellaneous. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. The failure of My Skin of Color to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement at provider@MySkinofColor.com.