Terms and Conditions

Terms and Conditions

https://concierge.isclinical.com/

Welcome to the Science of Skincare, LLC (dba iS Clinical or Innovative Skincare)(“ iS Clinical” or “we” or “us”) website hosted at concierge.isclinical.com (the “Website” or “Site”) and the iS Clinical pages on Facebook, Twitter, Instagram, Pinterest, Linkedin or any other social media sites or video communication platforms related to the Website (together collectively the “Service”). By accessing and/or using the Service, users (“Users” or “You”) agree to be bound by these Terms and Conditions (“Terms”) and the Privacy Policy located at concierge.isclinical.com/policies and concierge.isclinical.com/privacy-policy.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FOR THE BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH SCIENCE OF SKINCARE, LLC. PLEASE READ IT CAREFULLY.

GENERAL PROVISIONS

Medical Disclaimer

iS Clinical’s Website may provide information related to skincare, health, and wellness that is designed for informational and educational purposes only. Neither iS Clinical nor any of its subsidiaries dispense medical advice. None of the Service’s content should be considered medical advice or an endorsement, representation or warranty that any particular product or treatment is safe, appropriate or effective for you. The contents of the Website, such as text, graphics, images and other material, are not intended as medical or any other type of professional advice and does not create any physician-patient relationship. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Rather, please consult your healthcare professional if you have any concerns or questions about your health. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on this Service. The use of any information provided on this Service is solely at your own risk. iS Clinical shall not be liable for any damages, loss, or injury suffered as a result of reliance on the information contained on this Service. iS Clinical does not recommend, endorse, or make any representations about the efficacy, appropriateness, or suitability of any specific products, tests, procedures, treatments, services, opinions, healthcare providers, or other information that may be contained on or available through this Service. Nothing stated or posted on this Service is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.

Content and Accuracy of Information

We attempt to ensure that information on the Service is complete, accurate and current. Despite our efforts, the information on this Site and/or Service may be inaccurate, incomplete or out of date. We make no representation or warranties as to the completeness, accuracy or currency of any information on this Site and/or Service.

Use of Website Content

All materials provided on the Service, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided by iS Clinical. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of iS Clinical. Also, you may not "mirror" or “archive” any Materials contained on the Service on any other server without iS Clinical’s prior express written permission.

Except where expressly provided otherwise by iS Clinical, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of iS Clinical’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is Copyright (c) SCIENCE OF SKINCARE, LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of iS Clinical and protected by U.S. and international copyright laws. All software used on the Website is the property of iS Clinical or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with iS Clinical or using the Website as a shopping or informational resource. Any other use of materials on the Website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of iS Clinical is strictly prohibited. The Website and all page headers, custom graphics and button icons and related products are service marks, trademarks, and/or trade dress of iS Clinical and may not be used in connection with any product or service that is not offered by iS Clinical in any manner that is likely to cause confusion among customers.

Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. You agree to accept responsibility for all activities that occur under your account or password.

Termination

We may suspend or terminate your account or your use of this Service (including access to the Website) at any time, for any reason or for no reason. Any Users who request excessive returns or make orders that result in fraud and/or chargebacks may have their account suspended or terminated. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.

USE OF SERVICE

You are ineligible to use this Service if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian make any purchases, set up your account, and have them agree to these Terms. If you are under the age of 18, your parent or legal guardian’s consent to these Terms is ongoing and they hereby warrant that they will review these Terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point You hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 provides any Submissions in association with or in regard to the Service and/or any other iS Clinical products or services, their parent or legal guardian hereby agrees to our Terms.

In order to purchase any product on isclinical.com, Users must have an account in good standing and will have to provide certain information to complete a purchase. This information includes but is not limited to the User’s full name, business name, address, active email address, phone number, credit card information, professional license, resale certificate, and other information all of which is subject to iS Clinical’s Privacy Policy at https://concierge.isclinical.com//privacy-policy.

You are responsible for maintaining the confidentiality of your account and password. You are responsible for all activities that occur under your account or password, whether or not you know about or authorize them. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. Use of the Service is void where prohibited by law. Any submission of false or materially inaccurate information by users in creating an account shall constitute a basis for iS Clinical to terminate the account and bar such users from accessing or using the Service. You may only create one account per person, and any user creating multiple accounts with different email addresses may be subject to account termination.

iS Clinical may utilize various skilled third parties (“Service Providers”) to provide technical or other services relating to all or part of our fulfillment of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. Please see our Privacy Policy at https://concierge.isclinical.com//privacy-policy to understand the extent to which any third party may have access to any customer information.

iS Clinical uses reasonable efforts to make the Service available 7 days a week, 24 hours a day; however, many factors out of our control may affect the availability of the Service. We provide no guarantee that the Service will be available at any time and we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) with or without notice at our sole discretion. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

PRODUCT DESCRIPTIONS

iS Clinical uses reasonable efforts to display the products listed for sale via the Service as accurately as possible. However, iS Clinical does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free. If a product offered by iS Clinical is not as described, please contact us at your earliest opportunity at [email protected] and we will endeavor to find an acceptable solution. However, your sole remedy if we cannot find a solution is to return the product in accordance with our Terms.

PRODUCT PRICING

Product pricing is subject to change with or without notice at our sole discretion. We shall not be liable to you or to any third party for any modification to pricing.

PRODUCT AVAILABILITY

All offered products on the iS Clinical Service are subject to availability. iS Clinical reserves the right to change the items offered via the Service at any time and without notice. The Service may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly and without notice. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. iS Clinical is not liable if products are not in stock or otherwise not available.

TRANSACTIONS

Orders

Orders are processed during normal business hours, Monday through Friday, 8am to 5pm Pacific Time, except for the following holidays - New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day (collectively, “iS Clinical Holidays”). Orders placed on weekends or iS Clinical Holidays will be processed the next business day.

Orders submitted before 12 pm PT begin processing the same business day. Orders submitted after 12 pm PST begin processing the next business day. Orders require up to 2 Business Days for processing prior to shipping. The minimum Order is $50 and maximum order is $600. Only retail products are available for purchase through the Concierge Program. Concierge Pricing is 60% of MSRP.

NOTE – IT IS YOUR RESPONSIBITY TO PROVIDE AN ACCURATE SHIPPING ADDRESS FOR YOUR CLIENT FOR EVERY ORDER. Costs for shipments requiring redelivery due to inaccurate Client shipping address information will be your responsibility.

Order Restrictions

Orders will be processed only for current iS Clinical Partners in good standing. All Partners utilizing the Concierge Program must maintain a valid Resale License or Permit in accordance with sales tax laws applicable to the State in which the sale is made and a current Resale Certificate on file with iS Clinical for such State. Orders are limited to 3 units per product. Once an order has been submitted it cannot be modified or cancelled. See the Returns & Exchanges section for more information.

We reserve the right to refuse any order placed and may, in our sole discretion, limit or cancel quantities purchased per person, household or order including orders placed under the same customer account, credit card, or billing and/or shipping address. This includes orders that appear to be placed by dealers, resellers or distributors. If we make a change to or cancel an order, we may attempt to notify you by contacting the email, phone number, or billing address associated with the order.

Payment

We accept the following forms of payment: Visa, MasterCard, American Express and Discover. The Concierge Program requires payment in full at time of transaction. No Checks. No Terms.

NOTE - IT IS YOUR RESPONSIBILITY TO CHARGE YOUR CLIENT MSRP OR MORE (if you want reimbursement for shipping and handling costs).

You agree to pay for your purchases, and you authorize us to charge your credit card or process other means of payment for those purchases. iS Clinical works with third party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure. You can review our Privacy Policy at https://concierge.isclinical.com//privacy-policy for more details. We accept only one payment transaction per order. We reserve the right to request additional identification to verify your payment. This Website is PCI compliant, and all order information processed through this Website, including credit card information is encrypted for your security and protection. Only orders shipped within the domestic US and US Territories will be processed. We reserve the right to cancel your order if we are unable to obtain authorization of your payment, the product is not available, or for any other reason deemed acceptable in our sole discretion. Inaccurate or incomplete payment information or orders that contain out of stock item(s) may delay your order processing and shipping.

All transactions made through the Service are subject to our acceptance, which is at our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, at our sole discretion, and without liability to you or any third party.

SHIPPING POLICY

Shipping Methods, Costs and Transit Time

Orders are shipped via UPS Ground unless otherwise specified. Expedited shipping and shipping outside the continental US is available for an additional fee via UPS.

Following order processing, cost and estimated arrival times are:

Continental US

Method

Cost

Estimated Arrival

Ground

$9.95

4-7 business days or less

2 Day

$19.95

2 business days for orders placed before 12 pm PT

Overnight

$34.95

1 business day for orders placed before 12 pm PT

 

Alaska, Hawaii, Puerto Rico & U.S. Territories

Method

Cost

Estimated Arrival

2 Day only

$29.95

3-5 Business Day for orders placed before 12 pm PT

 

Shipping Restrictions

Estimated arrival times cannot be guaranteed. We are not able to ship to PO Boxes. Free Shipping is not a guaranteed service. We reserve the right to change the means of shipment on any order, and we will notify you of any change in shipping method and/or cost. We ship to US and US Territory addresses only.

Tracking Your Order

After your order leaves our warehouse, an invoice will automatically be emailed to you providing the UPS tracking number. You may use the tracking number at www.ups.com to track your shipment.

NOTE: WE RECOMMEND FORWARDING THE TRACKING NUMBER TO YOUR CLIENT.

RETURNS & EXCHANGES

Returning an Item

Your Client returns must be managed through your business according to your own business’ return policy. All returns from your business purchased through the Concierge Service must follow this Concierge Return Policy.

Only items purchased through https://concierge.isclinical.com/ can be returned through https://concierge.isclinical.com/. Items purchased elsewhere must be returned to their original point of purchase.

Log into your Concierge Account at concierge.isclinical.com. Under My Account, select My Orders. Locate the order for the return and click Action, Return. Select the products to return, then select a reason, item condition, and choose Return or Exchange. Fill in any additional comments and click Submit. A Return Merchandise Authorization (RMA) Number will automatically be assigned and sent to you via email, along with complete return instructions.

Return Restrictions

  • All returned item(s) must have a Return Merchandise Authorization (RMA). Any returned items received without an RMA Number will not be accepted.
  • All returned item(s) must be at least 2/3 full.
  • All returned items must be returned within 30 days of invoice date.
  • Item (s) that are defective, incorrect or product damaged in shipping must be reported within ten (10) business days of invoice date to be returned or exchanged and must be kept in the same condition for return.
  • Exchanges will be processed and shipped within 3 business days upon submission of your exchange request. Exchanged product must be returned and received within ten (10) business days or your credit card will be charged for the unreturned exchange items. All exchange products are shipped UPS Ground. Platinum and Gold Partners receive a return label regardless of Exchange reason. Silver and Bronze Partners will receive a return shipping label unless products in question are the result of a partner ordering error.
  • Upon receipt, inspection, and approval of the item(s), returns for refund will be issued and processed according to your payment method.
  • A 20% restocking fee may be applied if the condition of the product does not meet set guidelines or policies. You will be contacted with any discrepancies.

If you have questions about how to return an item, Customer Care Associates are available to assist you Monday through Friday from 8am to 5pm PT at 1-888-804-4447 option 1, or by email at [email protected].

SAMPLES

A sampling program may be offered on the iS Clinical Concierge Program and is subject to change at any time.

SUBMISSIONS

Except where expressly provided otherwise by iS Clinical, all comments, feedback, information and data submitted to iS Clinical through, in association with or in regard to the Service ("Submissions") shall be considered non-confidential and iS Clinical’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method iS Clinical sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to iS Clinical, you agree to assign to iS Clinical, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant iS Clinical these rights. iS Clinical shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not iS Clinical, bear full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.

iS Clinical reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any iS Clinical site that violates these Terms and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including any iS Clinical site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, iS Clinical reserves the right to cancel or suspend your account. iS Clinical reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using iS Clinical for improper purposes, or any purpose inconsistent with its business.

TEXT MESSAGING

Text Messaging Consent and Terms

By using the Service, you agree that iS Clinical and those third parties acting on our behalf may, in certain circumstances, send you recurring automated text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Service, as well as marketing or other promotional messages. You acknowledge and agree that your voluntary provision to iS Clinical of your phone number when collected for purposes of promotional and marketing text messages, whether that election is made via an opt-in checkbox, submitting your phone number to a designated form, requesting enrollment via text message or another method, represents your consent that iS Clinical (or its messaging service provider) may contact you by telephone, SMS or MMS messages at that phone number for marketing and promotional purposes.

You may opt-out of receiving marketing text messages at any time by texting STOP to any text message from us or sending an email to [email protected], indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that do not include the “STOP” keyword command and agree that iS Clinical and its service providers will have no liability for failing to honor such requests. If you do not want to receive operational text messages from us, do not use the Service. If you unsubscribe from one of our text message programs, you further acknowledge that you may continue to receive text messages from iS Clinical through our other text message programs you may have joined until you separately unsubscribe from those programs. For example, if you unsubscribe from receiving promotional and marketing text messages, you may still receive text messages about your account or orders for transactional, operational, or informational purposes unless you unsubscribe from those text messages as described above, and even in such event you may still receive individual texts from our third-party delivery partners to enable successful delivery of your order. Text the keyword HELP to our shortcode to return customer care contact information.

Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Services. Carriers, text messaging platforms, and iS Clinical are not liable for delayed or undelivered messages. You verify that the phone number provided to us is true and accurate and that you are the current subscriber or owner of the phone number that you provided. If you change or deactivate the phone number you provided to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile network operator for details. Message frequency may vary. iS Clinical reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so.

E-sign Disclosure

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending a message to [email protected]. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, please contact us at [email protected] with contact information and the address for delivery.

LINKS TO THIRD-PARTY SITES

The Service may contain links or have references to websites controlled by parties other than iS Clinical. iS Clinical is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. iS Clinical is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iS Clinical of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by iS Clinical. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL IS CLINICAL OR EACH OF THE COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE SERVICE AND THE WEBSITE AND THE PRODUCTS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD-PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LICENSES FROM USERS

You grant to iS Clinical and its third-party providers the non-exclusive, worldwide right to use, copy, transmit and display any User-generated content such as, but not limited to, reviews, comments, forum posts, blogs, messages, uploaded files, solicitations, data, information, or any other content or materials, provided to iS Clinical by you in the course of accessing and/or using the Service. Notwithstanding the foregoing, iS Clinical’s obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy at https://concierge.isclinical.com//privacy-policy. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

REPRESENTATIONS AND WARRANTIES

Each User represents and warrants that it has the power and authority to enter into these Terms. iS CLINICAL warrants that it will provide the Service in a manner consistent with its business practices, as iS Clinical, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.

DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY IS CLINICAL, THE MATERIALS ON THE SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, IS CLINICAL AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. IS CLINICAL AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SERVICE, WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IS CLINICAL AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICE, WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SERVICE OR WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER IS CLINICAL NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. IS CLINICAL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY IS CLINICAL, THE SERVICE, WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. IS CLINICAL EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD-PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD-PARTY PROVIDERS AND SERVICES.

INDEMNITIES

You shall defend and indemnify iS Clinical and its third-party providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against iS Clinical or its third-party providers by a court of competent jurisdiction arising out of or in connection with a claim by a third-party related to you. iS Clinical shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Service and/or the services associated with the Service other than in accordance with these Terms; (b) the combination of the Service and/or the services associated with the Website with any other products, services, or materials; or (c) any third-party products, services, or materials.

YOUR RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which iS Clinical controls and operates the Service and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

If you access the Website via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

NOTICES

iS Clinical may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in iS Clinical’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in iS Clinical’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Service.

Furthermore, iS Clinical complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the iS Clinical designated agent via email at [email protected] or via registered US mail sent return receipt to: DMCA Compliance Agent, Science of Skincare, LLC., 3333 N. San Fernando Blvd., Burbank, CA 91504.

You may give notice to iS Clinical at any time by letter sent by registered mail with return receipt to: Science of Skincare, LLC, 3333 N. San Fernando Blvd., Burbank, CA 91504.

RESOLUTION OF DISPUTES

You acknowledge and agree that all claims and disputes arising under the Terms or relating to the Service are to be settled by binding arbitration and the arbitration shall take place in the County of Los Angeles in the State of California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association and with the fees split between you and iS Clinical. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall include a written record of the arbitration hearing. Any award of arbitration may be confirmed in a court of competent jurisdiction. Subject to the arbitration requirement and to the extent that any lawsuit is permitted under this Agreement, you hereby expressly consent to personal and exclusive jurisdiction and venue of the state and federal courts located in the County of Los Angeles in the State of California.

Governing Law & Exclusive Venue

Use of the Service and any claim relating to iS Clinical shall be governed by the laws of the State of California and litigated in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Service shall be resolved in accordance with the Resolution of Disputes section above. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Service from even if you are accessing the Service from outside of the United States of America.

These Terms (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Service and supersedes any prior or contemporaneous, conflicting or additional, communications. iS Clinical reserve the right to change these Terms or policies relating to the Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Service, which may be posted from time to time. Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms without the prior written approval of iS Clinical. Any purported assignment in violation of this section shall be void. iS Clinical reserves the right to use third party providers in the provision of the Service and/or the goods, services and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by iS Clinical.

If you have any questions regarding these terms or wish to contact us for any matter:
Email: [email protected]