Terms of Use: Guidelines for Using Skin Knowing

Effective March 6th, 2023 These Terms of Service describe the terms and conditions under which Jacquelyn Levin DO Inc. (hereafter, "we," "our," or "us") provides the skinknowing.com website and the products and services provided thereon (hereafter, the "Site") to you. Your use of the Site constitutes your unconditional agreement to be bound by these Terms of Service. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE YOU ARE PROHIBITED FROM USING THE SITE. Medical Disclaimer WE ARE A PROVIDER OF INFORMATION RELATING TO SKINCARE AND SKIN HEALTH. WE ARE NOT A HEALTHCARE PROVIDER. THE INFORMATION YOU OBTAIN FROM US (INCLUDING OUR EMPLOYEES, CONTRACTORS, PARTNERS, SPONSORS, ADVERTISERS AND LICENSORS). ALL INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. NOTHING STATED ON OR AVAILABLE THROUGH THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DERMATOLOGY, DENTISTRY, NURSING, PHARMACY OR OTHER PROFESSIONAL HEALTHCARE ADVICE OR THE PROVISION OF MEDICAL CARE AND YOUR USE OF THE SITE DOES NOT CREATE A DOCTOR / PATIENT RELATIONSHIP. WE DO NOT ENDORSE OR RECOMMEND ANY PROVIDER OF MEDICAL SERVICES OR GOODS, INCLUDING THOSE WHICH MAY ADVERTISE ON THE SITE. YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CONTACT A HEALTHCARE PROFESSIONAL AND/OR CALL 911 OR THE EQUIVALENT EMERGENCY NUMBER IN YOUR LOCATION. Privacy Your use of the Site shall be subject to our Privacy Policy, which is located at www.skinknowing.com/privacy and incorporated by reference herein. Paid Features Certain features of the Site may be offered on a paid basis ("Paid Features"). We may modify our fees for Paid Features at any time, provided, if you have an active subscription at the time of such modification, our updated pricing shall not apply until the conclusion of your then-active subscription period. You agree to timely pay all fees due for Paid Features. We reserve the right to suspend or cancel your access to Paid Features if fees are not timely paid and/or until fees have been paid for the applicable period. Such suspension shall not affect your duty to pay all fees due or constitute termination of a Paid Feature absent our notice of termination. You shall be liable to, and fully reimburse, us for all costs (including attorney's fees) incurred in connection with our collection of past-due fees. All fees are non-refundable except as otherwise provided in these Terms of Service. You shall be responsible to pay all taxes (except our corporate taxes) due in connection with the fees. Periodic (e.g., monthly or annual) fees are billed in advance and payment is due prior to your use of the applicable Paid Features. You must provide a valid form of payment (e.g., credit card, debit card, PayPal account) and accurate billing information for the payment of fees. YOU HEREBY AUTHORIZE US TO CHARGE ALL FEES INCURRED TO THE DESIGNATED PAYMENT FORM AND ACKNOWLEDGE THAT PERIODIC FEES MAY BE CHARGED AUTOMATICALLY AND WITHOUT SEPARATE AUTHORIZATION. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE THAT THE APPLICABLE PAID SERVICE HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL THE APPLICABLE PAID FEATURES, PROVIDE NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SUCH NOTICE IS GIVEN. TO CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT SETTINGS. Termination We may immediately terminate these Terms of Service, suspend your account or suspend or terminate your access to Paid Features (each at our discretion) (i) if you violate any term of these Terms of Service, (ii) if you fail to timely pay a fee for a Paid Service, (iii) if you are or become engaged in a business that is competitive with our business, or (iv) for our convenience. In the event of any termination pursuant to (i) - (iii) above, we are under no obligation to refund any fees received from you for any Paid Service. In the event of our termination pursuant to (iv) above, you shall, on your request, be given a pro rata refund of unused, pre-paid fees for Paid Features. Intellectual Property We shall retain all intellectual property rights pertaining to the Site, including but not limited to copyright, trademark and patent rights and all rights not expressly granted herein are reserved. In the event that you provide comments, suggestions, ideas, or recommendations to us with respect to our Site, services or products (including, without limitation, with respect to modifications, enhancements, improvements and other changes)("Feedback"), you hereby grant to us a worldwide, royalty free, fully paid-up, irrevocable, transferable, perpetual license to use and otherwise incorporate such Feedback. Prohibited Activities You shall not (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity, (ii) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services, (iii) post or link to any content or material that infringes any copyright, trademark, patent, trade secret, right of publicity or other right of any person or entity, is unlawful, threatening, abusive, harassing, hateful, discriminatory, defamatory, libelous, misleading, deceptive, fraudulent, invasive, tortious, obscene, offensive, vulgar, pornographic, profane, promotes violence, or is otherwise inappropriate as determined by the Company in its sole discretion, (iv) attempt to gain unauthorized access to computer systems by any means, (v) interfere or attempt to interfere with the proper operation of the Site or any activities conducted through the Site or disable or bypass any measures that we may use to prevent or restrict access to any product or service, (vi) use any robot, spider or other device to retrieve, index, scrape, data mine or in any way gather information, content or other materials from the Site, (vii) decipher, decompile, disassemble, reverse engineer, simulate, derive or attempt to discover any source code or underlying structure, ideas or algorithms from the Site or use any of the foregoing to create any website, product or service similar to those we provide or may provide, (viii) create any derivative work or modification of the Site, (ix) license, sublicense, copy, publicly display, sell, pledge, encumber, assign, loan, rent, lease, distribute, transfer or similarly exploit the Site, or (x) use Site other than in accordance with these Terms of Service and all applicable laws and regulations. User Content We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service, our policies or applicable law. Representations and Warranties You represent and warrant that (i) if you engage in any transaction on or through the Site, including the purchase any Paid Features, you are at least eighteen (18) years old, (ii) all information provided in connection with your account is true, accurate and complete, (iii) your use of the Site shall at all times comply with these Terms of Service and all applicable laws, rules and regulations. Disclaimer EXCEPT AS OTHERWISE PROVIDED AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED, USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME ALL RISKS ASSOCIATED THEREWITH. Limitation of Liability EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE, IN NO EVENT SHALL WE BE LIABLE UNDER ANY EQUITY, COMMON LAW, CONTRACT, ESTOPPEL, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER THEORY (REGARDLESS OF THE FORM OF ACTION) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR FOR ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR CUMULATIVE AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE OR OTHER USE OF THE SITE FROM ANY CAUSE OF ACTION WHATSOEVER EXCEED FIVE DOLLARS. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT AGAINST US FOR ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE. Basis of the Bargain THE SECTIONS TITLED DISCLAIMER AND LIMITATION OF LIABILITY FAIRLY ALLOCATE THE RISKS BETWEEN YOU AND US AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US SUCH THAT WE WOULD NOT HAVE ENTERED INTO THESE TERMS OF SERVICE WITHOUT SUCH SECTIONS. Indemnity Except as otherwise set forth in these Terms of Service, You will indemnify, defend and hold us and our employees, officers and agents harmless from and against all Claims, and for all resulting Losses (including attorney's fees) that result or arise from Claims, which in whole or in part, arise from your use of the Site, any breach of your representations and warranties or violations of your obligations in these Terms of Service. You will pay all amounts agreed to in a monetary settlement of the Claims and all Losses that result or arise from the Claims. Notwithstanding the foregoing, you shall have no duty to indemnify or defend us from any from Claims which primarily allege that the Site, as provided to you and used in accordance with the terms hereof, infringes the copyright, patent or trademark rights of a third party. DMCA Policy If you believe that material or content residing on or accessible through the Site infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send the Designated Agent listed below a notice of copyright infringement containing the following information: (i) your contact information, including address, telephone number and, if available, your email address; (ii) Identification of the works or materials being infringed; (iii) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence (e.g. the URL); (iv) a statement that you have a good faith belief that use of the identified material is not authorized by the copyright owner, its agent, or the law; (v) a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner; and (vi) our physical or electronic signature. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY. Upon receipt of a proper notice of copyright infringement, we reserve the right to (i) remove or disable access to the infringing material; (ii) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and (iii) terminate such content provider's access to the Site if such content provider is a repeat offender. If you believe that your material has been removed or access to your material has been disabled due to mistake or misidentification (e.g., because your material is not infringing or you have the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law), please provide a counter-notification to the Designated Agent containing the following information: (i) your contact information, including address, telephone number and, if available, your email address; (ii) identification of the material that was removed or to which access has been disabled including information regarding the location of the infringing material before it was removed or disabled, with sufficient detail so that we are capable of finding it and verifying its existence (e.g. the URL); (iii) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (iv) statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which we are located, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and (v) physical or electronic signature. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY. If a counter-notice is received by the Designated Agent, we may, in our discretion, forward a copy of your counter-notification to the person who submitted the original notice of infringement informing that person that we may replace the removed material or cease disabling it in 10 business days. If we do not receive notice that a lawsuit for copyright infringement has been filed against the content provider accused of committing infringement, we may replace or restore access to the removed materials in 10 to 14 business days or more after receipt of the counter-notice, at our discretion. Until that time, your materials will remain removed. Please contact our Designated Agent to Receive Notification of Claimed Infringement at contactus@skinknowing.com. Waiver of Breach No term or provision of these Terms of Service shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by us. Any consent by us to, or waiver of, a breach by you whether expressed or implied, shall not constitute consent to, waiver of, or excuse for, any other breach or any subsequent breach, except as may be expressly provided by us. Affiliate Compensation Disclosure As part of the Site, we provide you with carefully curated recommendations for products that we love and think you will love too. We are making this Affiliate Compensation Disclosure available to you for the purpose of disclosing our financial relationships with certain affiliates, advertisers, sponsors, and other parties that appear on the Site and our social media channels. The most important thing to us is the trust we have from our readers. Therefore, we want to inform you that sometimes, we sell and thus receive monetary and other forms of compensation from affiliates for various advertising, sponsorships, insertion orders and promotional campaigns that we feature on the Site. In other words, sometimes there is a paid connection between a product or service mentioned, reviewed or recommended on this Site and the affiliate (i.e., the owner of that third party product or service). If you ultimately decide to purchase a product or service mentioned on the Site, we may receive additional compensation from that purchase from the affiliate. Further, the Site posts or otherwise promotes content, including editorial content, which may feature third party products and services (the "Affiliate Products") and which may link to third party owned and operated websites where you can purchase Affiliate Products. Any time that you click on a link to an Affiliate's Product on the Site and then follow the link to purchase an Affiliate Product on the affiliate's website, we will receive compensation from the affiliate offering the Affiliate Product. The content featuring Affiliate Product(s) may not always be identified on the Site as paid or sponsored content and the compensation that we receive from affiliates may influence what content, topics or posts we make on the Site and where they are posted. Even though we may receive compensation in connection with our feature of certain products or services and/or your purchase of Affiliate Products as outlined in this Affiliate Compensation Disclosure, we still endeavor to provide our honest opinions, findings, beliefs, and experiences as they relate to the products and services that are featured on the Site. Also, you will regularly see third party ads posted on the Site. Each time you click on an ad, we will receive compensation from the third party advertiser, even if you do not purchase something from the third party. Changes to these Terms of Service We may update these Terms of Services to reflect changes to our practices. We will post all Terms of Service changes on this page and, if the changes are significant, we will provide a more prominent notice. The Terms of Service posted on this page will say when that version went into effect. If you visit the Site after a change, then you will have accepted the new Terms of Service. You are advised to review our Terms of Service periodically for any changes. Assignment You may not assign or transfer these Terms of Service to any third party without our express written consent. Any other assignment or transfer by shall be void and a breach of these Terms of Service. We may transfer or assign these Terms of Service in our sole discretion. Choice of Law and Jurisdiction These Terms of Service shall be governed by and construed in accordance with the laws of the State of California (except that body of law controlling conflict of laws). You irrevocably consent to the exclusive jurisdiction, forum and venue of the state and federal courts located in California over any and all claims, disputes, controversies or disagreements under or related to these Terms of Service or the subject matter thereof.