Date: January 31, 2025
Terms and Conditions of Use and Service
Welcome to the website for Skin from Within Wellness LLC (hereinafter the "Site"). Please carefully read these Terms of Use, Conditions and Service (collectively hereinafter the “Agreement”) before using this Site. By accessing or using the Site, You acknowledge that You have read, accepted and agreed to be bound by the Agreement. If You do not agree to these terms and conditions, do not create an account or use the Service. The provision of information and Service on this Site by the owners and operators of Skin from Within Wellness LLC and is subject to Your agreement to the terms and conditions set forth below.
Defined Terms
Certain terms are defined in this Agreement. In addition to the terms defined throughout this document, the following definitions apply.
“You” and “Yours” means the person using the Service of a minor, “You” and “Yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor; and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized.
“LLC” means Skin from Within Wellness LLC and any person or entity acting on behalf of Skin from Within Wellness LLC.
“Site" means the website of Skin from Within Wellness LLC.
“Service” or “Services “means the services and information LLC provides to You from the options listed in the Site that You select to help you address the specific skin issue you raise in Your intake form. The definition of Service or Services includes by reference the Scope and Limitation of Services discussed below.
General
You agree that the following sets forth the terms, conditions, scope and limitation of the services to be provided by LLC.
Your access to and use of the Service and Site is subject to this Agreement. If You do not accept and agree to be bound by this Agreement in its entirety, You are strictly prohibited from visiting, accessing, registering with and/or using the Service or Site, including without limitation any information or content provided through the Service and Site, except as necessary to review this Agreement. The Service and Site are continually under development, and LLC reserves the right to revise or remove any part of this Agreement or the Service in LLC’s sole discretion at any time and without prior notice to You. Any changes to this Agreement are effective upon posting to the Site. Unless otherwise indicated, any new content added to the Site or Service is also subject to this Agreement upon posting to the Site. If You disagree with this Agreement or any terms or conditions herein, Your sole remedy is to discontinue your use of the Site and Service. Your continued use after a change to this Agreement has been posted constitutes Your acceptance of this Agreement as modified by such changes.
By accessing this website hosted in Zenler.com, You are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site may be protected by applicable copyright and trade mark law.
Limitations on Use by Minors
The Service is generally intended for individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state law. Individuals who are below the age of eighteen (18) years (or such older age of majority) may use the Service if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Terms and Conditions and the Service.
By visiting the Site, entering into the Agreement or using the Service, You are (a) representing and warranting to LLC that You are either (1) at least eighteen (18) years of age or older or at least the age of majority in Your jurisdiction of residence, if higher than eighteen (18), or (2) if below the age of eighteen (18) years of age, have obtained consent from Your parent or legal guardian to use the Site, enter into this Agreement and receive the Service, and will use the Service for the sole purpose of obtaining the information sought of the skin issue for which You seek the Service; (b) if You are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting to LLC that You are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Site, entering into the Agreement and receive the Service by such minor; (c) agreeing to comply with all applicable laws in visiting, accessing, registering with the Site, entering into the Agreement and receive the Service; and (d) agreeing that You will only use the Service for lawful purposes.
Additional Terms
Permission is granted to use the materials on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a) modify or copy the materials.
b) use the materials for any commercial purpose, or for any public display (commercial or non- commercial).
c) attempt to decompile or reverse engineer any software contained on the Site.
d) remove any copyright or other proprietary notations from the materials.
e) transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if You violate any of these restrictions and may be terminated by LLC at any time. Upon terminating Your viewing of these materials or upon the termination of this license, You must destroy any copied/downloaded materials in Your possession whether in electronic or printed format.
Scope and Limitation of Services
LLC will provide You with information to help you address the specific skin issue you raise in Your intake form from the options listed in the Site that You select.. The information provided by LLC is intended to be an aid for You to gain insights into ways to improve the skin condition which You have identified in the intake form.
You agree and understand that the Service provided to You by LLC will only be provided through the Site: You and LLC will not in the same physical location. The Service provided to You by LLC is not a substitute for in-person meetings in all cases.
You are responsible for providing and maintaining, at Your own risk, option and expense, appropriate software and hardware capabilities to enable LLC to provide the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that You incur. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT LLC IS NOT A HEALTHCARE PROVIDER AND THAT BY USING THE SERVICE, YOU ARE NOT ENTERING INTO A DOCTOR-PATIENT OR OTHER HEALTH CARE PROVIDER-PATIENT RELATIONSHIP WITH LLC.
THE INFORMATION PROVIDED BY LLC IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND IS NEITHER MEDICAL NOR HEALTH CARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTH CARE PROVIDER FAMILIAR WITH YOUR MEDICAL HISTORY.
NOTHING STATED BY LLC OR ANY INFORMATION PROVIDED BY LLC IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR NURSING. LLC IS NOT A LICENSED MEDICAL PROVIDER OR ORGANIZATION THAT PROVIDES HEALTH CARE SERVICES AND IS NOT ENGAGING IN THE PRACTICE OF MEDICINE, COUNSELING OR NURSING WHICH INCLUDES, WITHOUT LIMITATION: PRESCRIBING, TESTING OR SURGERY; THE USE OF MEDICAL OR SURGICAL METHODS TO TREAT PREVENT OR CURE DISEASE OR TO MODIFY OR REMOVE THE EFFECTS OF PHYSCIAL INJURY; DERMATOLOGY; PSYCHIATRY; PSYCHOLOGY; PSYCHOTHERAPY; OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICE IS NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. ONLY YOUR HEALTHCARE PROFESSIONAL SHOULD DIAGNOSE AND TREAT YOU BASED ON THE PROVIDERS CLINICAL ASSESSMENT, EDUCATION AND TRAINING.
YOU SHOULD NOT USE INFORMATION PROVIDED BY LLC TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL AND YOU SHOULD NOT RELY ON THAT INFORMATION AS PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER CONCERNING QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION, AND BEFORE STARTING, STOPPING OR MODIFYING ANY TREATMENT OR MEDICATION. IN THE CASE OF A HEALTH EMERGENCY, SEEK IMMEDIATE ASSISTANCE FROM EMERGENCY PERSONNEL. NEVER DELAY OBTAINING MEDICAL ADVICE OR DISREGARD MEDICAL ADVICE BECAUSE OF INFORMATION PROVDED, OR NOT PROVIDED, BY LLC.
IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL.
You agree and acknowledge that no Health Care Provider (by way of illustration Physician, Nurse or Nurse Practitioner)-Patient relationship exists between “LLC” and You.
Your Financial Responsibility for Services and Refund Policy
LLC is not enrolled with, and is not a participating provider with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care or mental health services or supplies and, as such, neither You nor LLC may receive payment from such programs for the services or products provided to You by LLC. By choosing to use the Service, You are specifically choosing to obtain such Service on a cash basis outside of any federal or state healthcare program. Thus, You are solely responsible for the costs of the Service.
Payment must be made prior to LLC providing any information to you and is non-refundable. Payment may be made via STRIPE. You represent and warrant that You are authorized to use Your designated payment method.
By agreeing to use the Service, You acknowledge and agree that (1) You are explicitly choosing to obtain the Services on a cash basis outside of any federal or state healthcare program and You have sole financial responsibility for the Service provided to You by LLC; and (2) neither You nor LLC will submit a claim for reimbursement to any federal or state healthcare program for the costs of the Services provided to You by LLC.
Personal Information and Data
LLC may ask you to provide certain demographic information and/or personally identifiable information including your name, gender, year of birth, address, email address, phone number, family history in order for LLC to provide Service to You that may be used in accordance with LLC’s Privacy Policy and that LLC does not consider same to be health or medical information.
Other Personal Information and Data may be obtained, collected and used resulting from the use of this Site or the Service provided to You. Please review LLC’s Privacy Policy in this regard.
Any medical or health information that You provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under LLC’s Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.
By using the Service, You are agreeing that even if HIPAA does apply to LLC, any information that You submit to LLC that is not intended and is used solely for the provision of diagnosis and treatment by LLC since same is not provided under the terms of this Agreement, is not considered Protected Information, and will only be subject to LLC's Privacy Policy and any applicable state laws that govern the privacy and security of such information.
LLC may suggest that You consult with a health care professional, including those health care professionals with whom You have previously sought medical advice. You acknowledge that any such suggestion by LLC does not create a relationship of any nature between LLC and such health care professional, including, without limitation, that of a “business associate” under HIPPA.
You also have a duty to provide truthful, accurate and complete information in any forms or other communications You submit to LLC.
You represent and warrant that all information provided to LLC is true, accurate, current and complete information. If LLC has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, LLC has the right to suspend or terminate services to you and no refund of your payments will be provided.
LLC’s use of any personally identifiable information you provide is governed by the terms of LLC’s Privacy Policy., which You should read.
Third Party Information, Goods and Services
LLC may provide references to, or information about, websites maintained by third parties or other forms of information provided by third parties (collectively referred to as “third-party information”). You acknowledge that any references to, or information about third parties by LLC does not create a relationship of any nature between LLC and such third party, including, without limitation, that of a “business associate” under HIPPA.
References to, or information about third party information, does not imply an endorsement or sponsorship of such third-party information. In addition, LLC does not operate or control in any respect third party information. Any third-party information, including without limitation, any opinions, advice, statements, services, offers, or other, are those of the respective third parties and not those of LLC. LLC does not guarantee the accuracy, completeness, or usefulness of any third-party information. LLC neither endorses nor is responsible for the accuracy and reliability of any third-party information.
LLC is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services you may purchase from third parties. Your use of any third-party information, goods or services and any interactions with third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between You and such third parties. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction involving third parties or any third-party goods or services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in disclosing personal information.
You agree that LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of Your use of any third party information, goods or services or Your interactions with any third Parties. You agree that LLC shall not responsible or liable for any loss, damage, or other matters of any sort incurred as the result of Your use of third party information or products/services You may purchase from third parties.
In the event of any dispute between You and any Third Party, any other User or any other entity or individual, You understand and agree that LLC is under no obligation to become involved in such dispute, and You hereby release and indemnify LLC and their respective corporate parents, subsidiaries, and affiliates, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from any and all claims, suits, causes of action, demands, liability and/or damages of every kind or nature (actual, direct, indirect, incidental special, punitive or consequential, known or unknown, suspected and unsuspected, disclosed or undisclosed) arising out of or in any way related to such disputes.
LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIRD-PARTY SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
LLC DOES NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED INFORMATION (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY INFORMATION, WEB SITE OR CONTENT.
Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account in the Site with a username and password in order to receive the Service. For purposes of clarity, information You provide to LLC to register and set up an account on the Site including name, username, email address, and phone number, are not considered Protected Information for purposes of the Protected Health Information section above. You agree to accurately maintain and update any information about Yourself that You have provided to LLC. If You do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, LLC has the right to suspend or terminate your account. You also agree to immediately notify LLC about any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the use of the Site by contacting LLC. You agree to keep confidential Your username and password and to exit from Your User account at the end of each session. You may not use anyone else’s account at any time. You are responsible for all activities (whether by You or by others) that occur under your password or account.
You should keep in mind that the Site is run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to Your computer, phone, or other mobile or other devices may be able to access the Site, including medical information, contained in the Site. It is Your responsibility to affirmatively logout from Your account when You are not actively using it. It is also Your responsibility to secure and prevent unauthorized physical access to Your computer, phone and other devices, and to protect the confidentiality of Your username and password.
You must exercise caution, good sense, and sound judgment in using the Site. You are prohibited from violating, or attempting to violate, the security of the Site.
You agree to notify us immediately of any unauthorized use of Your password or account or any other breach of security, and to ensure that You exit from Your account at the end of each session.
LLC explicitly disclaims liability for any and all losses and damages arising from Your failure to comply with this section.
Assignment
This Agreement shall be binding upon and inure to the benefit of LLC and its respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of LLC. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by LLC to any affiliated entity or any of its wholly owned subsidiaries.
Disclaimer of Warranty, Release and Hold Harmless and Limitation of Liability
YOU ACKNOWLEDGE AND WILLINGLY ACCEPT THE RISKS ASSCIATED WITH THIS AGREEMENT, THE SERVICE PROVIDED BY LLC AND THE USE OF THIS SITE.
THE INFORMATION PROVIDED BY LLC IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
