Your use of SkinTour.com (the “site” or “Site”) constitutes your acceptance of these terms:
Purpose of the site. SkinTour.com provides information for educational purposes to help you understand your skin and make your own decisions about enhancing its appearance. It does not replace a consultation with a physician or other qualified health provider. Please consult your health care provider without delay if you suspect you may be ill, and see an emergency provider if you have an urgent concern.
Not medical advice. Nothing on the site offers to or purports to diagnose or treat a condition, give medical advice of any kind, or constitute the practice of medicine. SkinTour.com is not intended to provide a treatment plan or the management of any medical condition. The site does not create a physician-patient relationship or a confidential or privileged relationship of any kind, and you agree as a user that no such relationship exists. If you submit a question or comment to SkinTour.com, you agree that this does not create a a physician-patient relationship or a confidential or privileged relationship of any kind, and you agree as a user that no such relationship exists. You understand and agree that Dr. Irwin’s answering of a question is not a response to an individual about any specific medical condition or issue but rather the provision of general information. You also understand and agree that SkinTour owns all copyright in and to all content on SkinTour, including all questions submitted by users, and that users who submit questions or comments waive all rights in and to those questions or comments, including any copyright claims or privacy rights to that comment or question. You agree that any questions or comments submitted to SkinTour may be posted or published on SkinTour without permission from you.
License. SkinTour grants you a personal, limited, non-exclusive and revocable license to access and make personal use of this site. However, you may not modify the site, except with express written consent of SkinTour. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SkinTour. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SkinTour and our affiliates without express written consent. You may not use any meta tags, meta names or any other “hidden text” utilizing SkinTour’s name or trademarks without the express written consent of SkinTour. Any unauthorized use terminates the permission or license granted by SkinTour.
Questions, Comments, or Reviews. Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide SkinTour, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and SkinTour shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of SkinTour and shall not be returned to you.
In addition to the rights applicable to any Submission, when you submit or post questions, comments or reviews to the Site, you also grant SkinTour the right to use the name that you submit with any question, review, comment, or other content, if any, in connection with such question, review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by SkinTour will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead SkinTour or third parties as to the origin of any Submissions or content. SkinTour may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Skin Care and Acne Tests. The site may offer a skin care test and/or an acne test for users. These tests are not intended to provide individual medical advice. The tests, and the product information provided after each test is completed, are generalized and may not apply to every individual. Product results will vary for each person. Neither SkinTour LLC nor Dr. Irwin is responsible for individual results.
Source & Use of Content. The content on SkinTour.com is based Dr. Irwin’s personal training, experience, research, and study. It has not been peer-reviewed and in some cases, consists of Dr. Irwin’s opinions. Health information changes rapidly, and the content presented here may not reflect the most current research findings, or all available information that may be relevant to a particular issue. All information is provided “as-is,” without warranty. The use of any content or information on this site is solely at your own risk.
Emails. When you visit SkinTour or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail and 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.
Copyright Protection. All content included on this site, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of SkinTour or its content suppliers and protected by United States and International copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on this site is the exclusive property of SkinTour and is also protected by United States and International copyright laws. The content on this website may be used by you as a shopping and/or information resource. Any other use, including the modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited. SkinTour maintains a copyright piracy surveillance program and vigorously prosecutes copyright infringement.
Trademark Protection. SkinTour, SkinTour.com, and other marks indicated on our site are trademarks of SkinTour in the United States and other countries. All graphics, logos, page headers, button icons, scripts, service names and brand names appearing on this site are trademarks and/or trade dress of SkinTour. SkinTour’s trademarks and trade dress may not be used in connection with a third party’s product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or dilutes the strength of SkinTour, LLC’s trademarks. All other trademarks not owned by SkinTour that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SkinTour or SkinTour.com.
Dr. Irwin’s self-interest. Dr. Irwin has not been paid to promote the products on this site and has no financial ties to or interests in the companies whose products are offered on this site. If the skin care products identified on this site are sold on this site or by linking users to another site, SkinTour LLC may benefit from that sale. SkinTour LLC is owned by Dr. Irwin and a member of Dr. Irwin’s immediate family.
Product Descriptions. SkinTour attempts to be as accurate as possible in its product descriptions; however, SkinTour does not warrant that product descriptions or other content of this site is accurate, reliable, complete, error-free or current. If a product offered by SkinTour itself is not as described, your sole remedy is to return it in its unused condition.
Disclaimer of Warranties and Limitation of Liabilities. We provide the site “as-is,” “with all faults” and “as available.” We disclaim all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. THIS SITE IS PROVIDED BY SkinTour ON AN “AS IS” AND “AS AVAILABLE” BASIS. SkinTour MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SkinTour DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SkinTour DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SkinTour ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SkinTour WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, ENTITLING YOU TO ADDITIONAL RIGHTS.
Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Use of Terms Includes Trademark. Use of any term in its familiar form shall be understood to be use of that term in its fully protected and trademarked form. The use of the term “Botox” shall be understood to refer to BOTOX® Cosmetic, and the use of the term “Juvederm” shall be understood to refer to Juvèderm™ Injectable Gel.
Links. This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that SkinTour is not responsible for the operation of or content located on or through any such site.
Termination and Effect of Termination. In addition to any other legal or equitable remedies, SkinTour may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and SkinTour shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
International Access. This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Account Information. 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. SkinTour does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use SkinTour only with involvement of a parent or guardian. SkinTour and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Disputes. Any dispute relating in any way to your visit to SkinTour or to any products you purchase through SkinTour shall be submitted to confidential and binding arbitration to J.A.M.S./Endispute in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate SkinTour’s intellectual property rights, SkinTour may seek injunctive or other appropriate relief in any State or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of J.A.M.S./Endispute or the American Arbitration Association, whichever the parties stipulate to, or, if the parties cannot agree, at the choice of the arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If arbitration is chosen by any party, neither party will have the right to litigate that claim in court or have a jury trial on that claim, or to engage in pre-arbitration discovery except as provided for in the applicable arbitration rules. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.