Terms and Conditions

Last updated: January 30, 2024

1. Introduction

a. This web site (the “Site”) is owned by, and under the control of, Kaitlyn Nelson Medical Aesthetics, LLC (DBA "SKNDUSTRY"). SKNDUSTRY provides administrative services to certain affiliated medical practices, including SD Physician Services, P.C. (“Practice”), which operate the medical practices at the locations listed on the Site (each, a “SKNDUSTRY Location”). Use and access of the Site- related internet-based services, features, content and functionality, including the appointment booking service to schedule a visit with the Practice (the “Booking Service” and, together with the Site, the “Service” or “Services”) is subject to the following terms and conditions of use (the “Terms and Conditions” or “Agreement”) and all applicable laws and regulations. There are significant limitations on SKNDUSTRY’s responsibilities and liabilities with regard to the Service, and important requirements regarding your access to the Service. For these reasons, Users are strongly urged and required to read the Terms and Conditions. By accessing, viewing or otherwise using the Service you, on behalf of yourself and all of your authorized representatives (collectively, the “User,” “you” or “your”) agree to the Terms and Conditions. User and SKNDUSTRY are individually hereinafter referred to as a “Party” and collectively as the “Parties”. YOU AFFIRM THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT, AND YOU HEREBY ACCEPT THE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE AND EXIT NOW.

b. From time to time, SKNDUSTRY may without advance notice: (i) supplement or make changes to the Terms and Conditions and other rules or access and use procedures, documentation, security procedures and standards for equipment; (ii) change the type and location of SKNDUSTRY’s system equipment, facilities or software; or (iii) modify or withdraw any particular service or product referred to in the Service or any SKNDUSTRY database, material, service or system. SKNDUSTRY shall update the Agreement with said changes with the “Last Updated” date displayed at the top of the revised policy. User acknowledges its responsibility to review the Terms and Conditions from time to time and to be aware of any such changes.

c. SKNDUSTRY employs reasonable measures to be as accurate as possible when describing professional services provided by Practices (and its licensed professionals) that contract with SKNDUSTRY and/or third party products on the Site; however, to the extent permitted by applicable law, SKNDUSTRY does not warrant that product descriptions or other content available on the Site are accurate, complete, reliable, current or error-free.

2. Services

a. SKNDUSTRY’s Service is designed to enable you to request and book certain professional services to be provided by a licensed medical or aesthetic professional of the Practice, as appropriate. SKNDUSTRY DOES NOT PROVIDE MEDICAL SERVICES OR MEDICAL ADVICE. ONLY LICENSED HEALTH CARE PROVIDERS MAY PROVIDE MEDICAL SERVICES OR ADVICE. SKNDUSTRY is an administrative services provider only, and all licensed medical or aesthetic professionals providing services are employed by, or contracted with, the Practice. Use of the Service does not create a doctor-patient relationship. Users are solely responsible for their decision to obtain treatment from a medical professional. We encourage you to consult with your own health care provider before using SKNDUSTRY’s Booking Service to book any services with one of the Practice’s licensed medical or aesthetic professionals. IF YOU ARE EXPERIENCING AN EMERGENCY, YOU MUST DIAL 911 OR CONTACT A MEDICAL PROVIDER DIRECTLY.

b. Subject to the Terms and Conditions, SKNDUSTRY shall provide the Service to User, and User may access and use the Service solely for its intended purposes, provided, however, that SKNDUSTRY shall have no obligation to support User’s use of the Service in the event that: (i) User modifies the Service (or any component thereof) without SKNDUSTRY’s prior written consent; (ii) any error is caused in whole or in part by persons other than SKNDUSTRY, including without limitation, User’s failure to properly enter or transmit data; or (iii) any error is caused in whole or in part by User’s use of the Service in association with operating environments and platforms other than those specified, and supported, by SKNDUSTRY.

c. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

d. Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. Placing Orders for Goods

a. By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.

b. If you wish to place an Order for Goods available on the Service, you may be asked to supply certain information relevant to your Order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

c. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.

d. We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to:

• Goods availability

• Errors in the description or prices for Goods

• Errors in your Order

We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.

e. We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods on the Service and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

f. The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel your Order.

4. Payments

a. All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order.

5. User Accounts

a. When you create an account with Service, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Our Service.

b. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service. You agree not to disclose your password to any third party. You must notify immediately upon becoming aware of any breach of security or unauthorized use of your account.

c. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

6. Intellectual Property

a. The Service and its original content features and functionality are and will remain the exclusive property of the SKNDUSTRY and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the SKNDUSTRY.

7. Links to Other Websites

a. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

8. Termination

a. We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.

9. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

10. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

11. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

12. Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the SKNDUSTRY.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

13. Severability, Waiver, Translation Interpretation

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

• By email: info@skndustry.co