TERMS OF USEWWW.AESCERT.ORG


This website (the “Site” or “Website”) is owned and operated by The Skinbetter Science Institute, LLC. Throughout the Site, the terms “we”, “us”, “our”, “Organization”, or “Skinbetter Science Institute” refers to Skinbetter Science Institute, LLC. We offer this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this Site and/or reviewing, downloading or otherwise accessing or utilizing any content from us (including the “Guidance” as defined more fully below), you engage in our “Service” and agree to be bound by the following terms and conditions (referred to, interchangeably, as “Terms”, “Terms of Service”, “Terms of Use”, “Agreement”, and/or “User Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content, as well as physicians, other healthcare professionals, medical office staff and patients. Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of this Site or downloading or otherwise accessing any content from this Site, you agree to be bound by these Terms of Service, whether or not you have read them. If you do not agree to all the terms and conditions of this agreement, then you may not access, view, download or otherwise view or use the Site or any materials or content on or linked to the Site, accordingly, you should not do so.

Any new features or tools that are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Website following the posting of any changes constitutes acceptance of those changes.

All of the contents of this Site, including but not limited to the linked manuscript entitled A PATH TO RESUME AESTHETIC CARE – PROJECT AesCert™ GUIDANCE: PRACTICAL CONSIDERATIONS FOR AESTHETIC MEDICINE PROFESSIONALS SUPPORTING CLINIC PREPAREDNESS IN RESPONSE TO THE SARS-CoV-2 OUTBREAK (the “Manuscript”), summaries of and references to certain elements of the Guidance, various forms and checklists included as exhibits to the Guidance and also available as downloadable assets (“Exhibits”), and the logo associated with Project AesCert, in downloadable and other form (together with the Exhibits, the “Practice Resources”) (and the Practice Resources together with the Manuscript are referred to, collectively, as the “Guidance”), are subject to the Terms of Use, and are provided solely on an advisory basis for informational and educational purposes only.


Disclaimers and Release Regarding Project AesCert Guidance

Given the high degree of variability in the COVID-19 outbreak across the country, the Guidance expresses no view on whether or when it is appropriate for any particular aesthetic office to reopen or remain open. That decision is a function of the public health conditions in, and corresponding government standards for, each community and medical practice, including but not limited to state executive orders, CDC guidelines, and state and local health department notifications. All of these elements are highly variable by region, and also highly dynamic over time. As they evolve, particularly with respect to disease prevalence and public health resources, including testing capacity, contact tracing, and treatment and vaccine availability, many elements of the AesCert Guidance will bear reconsideration. Upon reopening, aesthetic offices should continue to monitor and be responsive to changes in all such public health conditions and applicable government pronouncements in their respective communities, which are likely to evolve over time, and may periodically require greater restrictions. The Guidance is not intended to contravene any such government standards, which supersede this Guidance in the event of any conflict.

The Guidance is necessarily based upon, and its applicability limited to, public health conditions, testing and treatment capabilities, government standards and the overall state of scientific understanding of SARS-CoV-2 and COVID-19 as of the date of publication on or about May 1, 2020. All of these elements are highly dynamic, and providers, staff and patients should consider all such future changes in evaluating the continued applicability of the Guidance in practice. Any duty to update the Guidance subsequent to the date of publication is expressly disavowed. The information in the Guidance addresses issues that are rapidly evolving, and We make no representation that the information will remain current and applicable for any period of time. The reader should verify that the information provided has not be altered by more recent public health, medical, scientific, regulatory, legal, or federal, state or local governmental laws, regulations, executive orders, guidelines, or other actions.

The AesCert Guidance does not and cannot insulate healthcare providers, staff or patients from the risk of COVID-19. All aesthetic care involves risk of complications, including the risk of disease transmission. This risk is materially greater during an ongoing pandemic. And it is greater still while community spread continues to occur in certain areas, in the absence of widely available and reliable testing, and without a vaccine or other validated treatment protocol. This virus and disease still elude scientific and medical understanding. Given this reality, for those who nonetheless wish to seek, or provide, aesthetic care during this pandemic, the Guidance provides a framework for modulating the inescapable risks wherever feasible, and providing the most prudent clinical environment possible under these extraordinary circumstances.

The Guidance does not and cannot modify or establish any standard of care, or embody an exhaustive list of safety measures required to safely conduct business and deliver care in a medical aesthetic setting. The principles and considerations contained in this Guidance should not be deemed inclusive of all proper methods of care nor exclusive of other methods of care reasonably directed to obtaining the same results. Rather, the Guidance is intended to provide aesthetic physicians and their staff with an additional set of principles and considerations for delivering aesthetic care safely, and generally conducting business responsibly during pendency of the COVID- 19 pandemic.

The Project AesCert logo, Exhibits and other Practice Resources are subsidiary elements of, and must be considered for use only in conjunction with the totality of the principles and considerations throughout, the Manuscript and overall Guidance. Utilization of, or reliance upon, any such individual element, or combination of elements, in the absence of consideration of the entirety of the Guidance, by either providers or patients, is strongly discouraged. Before making any healthcare or other decision in reliance on any logo, Exhibits, other Practice Resources, displays, signage, written or verbal messaging, or other indicia in any form from a medical practice regarding purported incorporation or adoption of some or all of the Guidance in such practice, patients are encouraged to consider making inquiry of the practice regarding the nature and extent of the practice’s conformance with, or deviation from, the totality of the principles, protocols and other considerations throughout the full Guidance.

It is axiomatic that all such considerations regarding incorporating any or all of the principles or other elements of the Guidance into a medical practice are subject to the ultimate judgment of each individual healthcare professional, based on practice location and layout, patient situation, procedure details, office environment, staffing constraints, equipment and testing availability, local legal and public health conditions, and applicable standards of care. The final determination regarding the propriety of any specific safety measures, medical facility and staff management policies and practices, health screening protocols, procedure or other treatment protocols, patient interactions, testing, contact tracing, and all other matters addressed by the Guidance for any individual facility and medical practice must be made by the responsible physician(s) and other trained and qualified healthcare personnel responsible for managing the practice in light of all applicable circumstances.

The Guidance is published on an open source basis and made available to the general public. Neither the Organization nor its parent or affiliates or any respective directors, officers or employees thereof, nor the Editorial Review Board of or other Contributors to the Guidance, nor any other person or entity has any ability, or undertakes any effort, to track, audit or validate which practices purport to incorporate the Guidance in their aesthetic offices, and if so to what extent. Rather, practices decide independently whether, and if so to what extent, they wish to utilize the Guidance, and whether and if so how they elect to display or communicate it to their patients. The Organization, its parent and all affiliates, the respective directors, officers and employees thereof, and the Editorial Review Board of and other Contributors to the Guidance, categorically do not monitor or certify any adoption of, conformance with, or display or messaging about the Guidance, or any logos, Exhibits or other Practice Resources, by any medical practices, nor do they offer, suggest or imply any such certification, approval or endorsement for the benefit of, or otherwise to be relied upon by, any patient, physician, healthcare provider, staff, or other individual or entity.

The information in the Guidance provides general information, is not customized to any particular facts, and should not be relied upon or construed as specific or general medical or legal advice. The Guidance is not a substitute for obtaining qualified medical, legal or other applicable expert professional advice. The Guidance is provided “As Is.” The Guidance is offered with no express or implied warranty or guarantee. You agree to be solely responsible for your use of the Guidance. You agree that the Organization is not liable for any action or inaction you take or fail to take directly or indirectly related to the Guidance. In exchange for receiving access to the Guidance, including but not limited to the Exhibits and other Practice Resources, the value of which as fair and adequate consideration is hereby stipulated, you hereby unequivocally release the members of the Editorial Review Board of the Guidance, other contributors to the Guidance, the Organization, its parent company and all affiliate entities, and each of their respective owners, partners, investors, shareholders, directors, officers, employees, agents, contractors, consultants, service providers, successors, predecessors, and assigns, from all past, present, and future claims, demands, damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees), of any sort, at law or equity, arising out of or otherwise related directly or indirectly to any use or reliance, in whole or in part, on the Guidance. We do not warrant the accuracy or completeness of the Guidance, and assume no responsibility for any injury or damage to persons or property arising out of or related to any use of this Guidance or for any errors or omissions.


Use of Site

You represent and warrant that you are at least 18 years old, or visiting our Site under the supervision of a parent or guardian. If any minor uses any products or services from our Site, it should only be after the parent or legal guardian has discussed such product or service with the minor’s doctor.

Subject to the terms and conditions of this Agreement, the Skinbetter Science Institute hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site only for personal and informational uses only and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Skinbetter Science Institute in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as expressly permitted herein, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Skinbetter Science Institute in writing. This, of course, excludes the downloading and temporary caching of this Site on a personal computing device for the explicit purpose of viewing this Site, as well as any content clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this Website.

You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Skinbetter Science Institute in advance.

Skinbetter Science Institute reserves the right to refuse service, without limitation, if Skinbetter Science Institute believes that a user’s conduct violates applicable law or is harmful to Skinbetter Science Institute interests.

You agree not to circumvent, disable or otherwise interfere with security-related features of our Site or features that prevent or restrict the use of any Site content or enforce limitations on use of the Site or the content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

From time to time, the Site may include information that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after you have submitted your order).


Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Organization does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Website. In no event will any information you provide on or through a Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your knowledge or consent.

When you use our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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.


Mobile Services

If you access our Site via a mobile device, such as a cell phone or tablet application, we do not charge for this access. Please be aware that your mobile carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.


Ownership of Websites

The Website(s) consists of various narrative content, including the Guidance and Practice Resources, graphics, text, icons, buttons, videos, audio and other files, images, designs, copyrights, trademarks, brand names, software and other materials (collectively, the “Website Content”) that have been provided by the Organization and/or other individuals or entities. All such Website Content is owned by the Organization and/or the applicable third party. You hereby acknowledge that the Website and each component of the Website (including, without limitation, the Website Content) are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trademark, patent and all other applicable intellectual property and other laws. Your use of the Website and/or any Website Content does not grant or transfer to you any ownership or other rights in the Website or any component of the Website (including, without limitation, the Website Content), and except as expressly provided, nothing herein or within the Website or any component of the Website (including, without limitation, the Website Content) shall be construed as conferring on you or any other person or entity any license under any of Organization’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved by the Organization. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Website, any component of the Website, or any of the Website Content, in whole or in part, except as expressly authorized by the Organization.


Restrictions

Without limiting the generality of any other aspect of this Agreement, you agree that you shall not:

  • use, copy, modify, download or transfer the Website or any component of the Website (including, without limitation, the Website Content), in whole or in part, except as expressly provided in this Agreement;
  • (i) reverse engineer, disassemble, decompile, or translate the Website or any component of the Website (including, without limitation, the Website Content); (ii) attempt to derive the source code of the Website or any component of the Website (including, without limitation, the Website Content); (iii) create any derivative work from the Website or any component of the Website (including, without limitation, the Website Content); and/or (iv) authorize or assist any third party to do any of the foregoing;
  • rent, lease, loan, resell, or otherwise distribute the Website or any component of the Website (including, without limitation, the Website Content);
  • remove or alter any proprietary notice or legend regarding the Organization’s, or any third party’s, proprietary rights in the Website or any component of the Website (including, without limitation, the Website Content);
  • use the Website or any component of the Website (including, without limitation, the Website Content) except in accordance with the terms of this Agreement and all applicable laws and regulations; and/or
  • use the Website or any component of the Website (including, without limitation, the Website Content): (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability.


Third Party Content and Sites

We may from time to time provide content of third parties (“Third Party Content”) or links to sites of third parties (“Third Party Sites”) as a service to those interested in this information. We do not review, monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association, relationship or endorsement between us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or Third Party Site. We are not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk.


Intellectual Property

All design, text, graphics, logos, button icons, images, audio and video clips, and software belong exclusively to us (“Content”). The collection, arrangement, and assembly of all content on this Site (“Compilation”) belongs exclusively to us. All software used on this Site (“Software”) is the property of Skinbetter Science Institute or its Software suppliers. The Content, the Compilation, and the Software are all protected by U.S. and international copyright laws. Other than as expressly authorized herein, any other use of materials on the Site—including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance—without the prior written permission of Skinbetter Science Institute is strictly prohibited. All logos, slogans, trade names, custom graphics, or words are registered trademarks, trademarks or service marks of Skinbetter Science Institute, its suppliers, or third parties. Except as expressly authorized herein, any other use of any Skinbetter Science Institute trademark, service mark or copyrighted materials, including the Guidance, Practice Resources, the AesCert mark, or the Skinbetter Science Institute mark, without our express written consent is strictly prohibited. You may not use Skinbetter Science Institute trademarks, service marks or copyrighted materials in any manner that disparages or discredits us.


Termination and Effect of Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate this 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 our Site and we 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.


General Site Disclaimer and Limitation of Liability

THIS SITE AND ALL INFORMATION CONTAINED WITHIN, INCLUDING BUT NOT LIMITED TO THE GUIDANCE, ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING THE GUIDANCE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE, INCLUDING THE GUIDANCE, MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE GUIDANCE, OR ANY INFORMATION CONTAINED WITHIN OR LINKED FROM THIS SITE, BY ANY PHYSICIAN, HEALTHCARE PROFESSIONAL, OFFICE STAFF, PATIENT, OR OTHER SITE VISITOR, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US FOR ACCESSING THIS SITE DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.


Indemnification

You agree to defend, indemnify and hold harmless the members of the Editorial Review Board of the Guidance, other contributors to the Guidance, the Organization, its parent company and all affiliate entities, and each of their respective owners, partners, investors, shareholders, directors, officers, employees, agents, contractors, consultants, service providers, successors, predecessors, and assigns, from all past, present, and future claims, demands, damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees), of any sort, at law or equity, arising out of or otherwise related directly or indirectly to any use or reliance, in whole or in part, on your access to, use of, or reliance on the Site, the Guidance, or any elements thereof, any information or materials you submit, your violation of this User Agreement, or your violation of the rights of any third party. This indemnification obligation will survive the termination of this Agreement and your use of the Site.


Privacy

Our Website may include features that allow you to provide personal information to us, such as contacting us or submitting inquiries to us, or other communications. We may ask you to provide information about yourself directly to our Website to utilize these features, such as your name, company/organization, email address, mailing address, and telephone number. If you choose to provide personal information through the Website, you will also be subject to these Terms of Services.

We and our third-party service providers may collect navigational information when you use our Sites. For example, we may collect IP addresses, operating system information, domain type, browser version, the Internet service provider used to access our Sites, use of links to arrive at our Sites and the IP address from which you arrived, web pages requested and viewed on our Sites, and time spent on our Sites; and, for our mobile websites, we and our third party service providers may collect technical information about the device used. Navigational information is largely anonymous in the sense that it doesn't include information that directly identifies you. However, we may associate this navigational information with your personal information if you provide it, and our use and disclosure thereof will be done in accordance with these Terms of Services.

Cookies and Similar Technology: We and our third-party service providers use “cookies.” Cookies are small data files that assign a unique identification to your device and are typically stored on your device by your web browser. We may also use pixel tags (also known as web beacons, web bugs, and clear GIFs) on the Websites and in emails. A pixel tag is a nearly invisible pixel-sized graphic image on a webpage or in an email message. We and our third party service providers use cookies, pixel tags and similar technology to collect information about things like: your interactions with our Sites and with our advertisements; the times you visit our Sites; confirmation when you open email from us, including the time you open the email and whether you click on any links in the email; and the sites you visit after visiting one of our Sites.

We may use the information you provide to respond to your inquiries and to send you information that we think may be of interest to you. We may use navigational information to help us evaluate how our visitors use and navigate our Sites. For example, we collect navigational information to determine things like the number and frequency of visitors to each web page of our Website; the time it takes a visitor to connect to the Website or download documents; and the length of their visits to our Website. We analyze this information to better understand and improve a visitor’s experience on our Website, and for other internal business purposes.

We use information collected through cookies and similar technology for many of these same purposes. In addition, cookies and similar technology are used for things like personalizing your experience on our Websites, analyzing trends, determining return visitors. We may also use third-party analytics providers to measure traffic and usage trends, and to help us better understand your use of and interaction with our Websites.

Your information may be shared among the Organization, who is responsible for providing services to you so that it may communicate with you directly. If you change your mind after you opt in, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us via the methods provided at the end of this Terms of Service.

We also may share your information with third party service providers so that they can help us provide services to you, such as monitoring Website activity, hosting a Website, and administering and monitoring emails. These third-party service providers, however, are not authorized by us to use or disclose your information except as necessary to perform services on our behalf or to comply with legal requirements.

Additionally, your information may be shared with and disclosed to unaffiliated third parties in the event we sell or transfer all or a portion of our business assets or merge with another company or are involved in a corporate reorganization or other change of control. Your personal information may be one of the business assets transferred, shared or sold as part of the transaction. We may also disclose your personal information without your consent if we believe, in our sole discretion, it is reasonable to do so to satisfy laws or government regulations, comply with legal process or law enforcement requests, commence legal actions for violation of our Terms of Service, or to protect the rights, safety or property of the Organization, our users or others.

We employ physical, technical and administrative procedures to safeguard the personal information we collect online. While we use these security measures on our Sites, you should be aware that 100% security is not always possible.

For your convenience, we may enable you to navigate to third-party sites through links on our Website. If it is not one of our Websites, we do not endorse these third-party sites, do not have any affiliation with these thirdparty sites, and we do not control and aren't responsible for their Internet and web practices. Whether the thirdparty content appears within our Website environment, or you leave our Website for another website to view it, the terms, conditions, and privacy policies of those other websites govern your online experience. Please review their separate terms of service and privacy policies if you have any questions about their practices.


Digital Millennium Copyright Act (“DMCA”) Notice

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email address;
  • A 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;
  • 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.

Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the email or street address listed below. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.

Please send DMCA notifications of claimed copyright infringement to:

Copyright Agent
Skinbetter Science Institute, LLC
3200 E. Camelback Road, Suite 395
Phoenix, AZ 85018 USA
[email protected]


Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under the terms and conditions of this Agreement shall imply any obligation to grant any similar, future or other waiver.


Applicable Law

This Site is created and controlled by the Organization in the State of Arizona, USA. As such, the laws of the State of Arizona will govern these Terms of Use, without giving effect to any principles of conflicts of laws.


Disputes

Any dispute relating in any way to your visit to or use of the Site, or your use of or reliance on the Guidance, or any elements thereof, or in any way related to this Agreement, shall be submitted to mandatory confidential, binding arbitration in Arizona, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Arizona, in the event we seek such equitable relief. For all other disputes, whether initiated by you or us, confidential arbitration shall be the sole and exclusive forum for seeking redress and remedy, and such arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. Each party shall select a duly qualified arbitrator, and those two arbitrators shall agree to designate a third and final member of the panel. The panel’s award shall be final, binding and unreviewable, and may be entered as a judgment in any court of competent jurisdiction. 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 action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of or reliance on the Site, the Guidance or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned.


Severability

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.


Contact Us

Please send any questions or comments (excluding inquiries related to DMCA copyright infringement) regarding this Site via one of the following methods: our Contact Us form, or using the mailing information provided below.

Skinbetter Science Institute, LLC
3200 E. Camelback Rd, Suite 395
Phoenix, AZ 85018 USA
Attn: Managing Partner

Last Revised: May 5, 2020