Effective Date: October 28, 2019
I. INTRODUCTION AND ELIGIBILITY
We have included several italicized annotations to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Gladskin Service means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and Micreos North America, Inc. and its affiliates and subsidiaries (“Gladskin”, “we”, “us”) in connection with your use of the Gladskin Service. The “Gladskin Service” and the “Service(s)” mean any websites, and other services under the control of Micreos North America, Inc. or its affiliated entities, whether partial or otherwise, in connection with providing an online or digital platform for Gladskin’s services in the US, including us.gladskin.com. “You” and “users” shall mean all visitors to the Gladskin Service. You accept these Terms each time you access the Gladskin Service. If you do not accept these Terms, you must not use the Gladskin Service. If you are under 18 years of age, you represent and agree you possess the legal consent of your parent or guardian to access and use the Gladskin Service.
The Gladskin Service Does Not Provide Medical Advice. Any medical or scientific information contained in the Gladskin Service, including without limitation any information regarding any products or services available through our online shop, is provided for your general informational purposes, and we make no representation or warranty that such information is accurate or complete. The Gladskin Service is not intended, nor should it be construed, as providing any type of medical advice, nor is it intended to serve as a substitute for the advice, diagnosis or treatment by a licensed physician or other healthcare professional. The Gladskin Service is not intended to provide comprehensive information regarding the potential uses, precautions, side effects, contraindications or interactions of any products or services made available through the Service. Please follow the instructions, directions and warnings contained in the product labeling and consult with your physician or other healthcare provider to obtain information specific to your healthcare needs prior to using any such products or services.
No Doctor-Patient Relationship. Use of the Gladskin Service does not constitute or create a doctor-patient relationship. The Gladskin Service does not provide medical advice. We do not respond to any questions concerning specific medical conditions through the Gladskin Service. If you transmit such information, we cannot assure the privacy of such information. We urge you not to send such information by email or through the Gladskin Service.
General Eligibility to Use the Gladskin Service. Gladskin provides the Gladskin Service as a platform to learn about our skin treatment products and, if you choose, to purchase products directly from our online shop. By registering for or using the Gladskin Service, including purchasing products from our online store, you acknowledge and agree that you are eligible to use the Gladskin Service according to these Terms.
Geographical Eligibility. Gladskin provides the Gladskin Service for use only by persons located within the United States. To access Gladskin from the EU, visit: https://www.gladskin.co.uk.
Gladskin makes no representation that the Gladskin Service or its content is appropriate or available for use in locations outside the United States. By registering for or using the Gladskin Service, you acknowledge and agree that you may only use the Gladskin Service within the United States.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Gladskin Service after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Gladskin Service.
II. THE GLADSKIN SERVICE
The “Gladskin Service” and the “Service(s)” mean any websites and other services under the control of Micreos North America, Inc., whether partial or otherwise, related to providing an online or digital platform for Gladskin’s services, including us.gladskin.com. The Gladskin Service provides users with a platform for giving and receiving support for chronic conditions, as well as connecting with health and educational resources, clinical trial opportunities, and health care providers.
Permission to Use the Site. We grant you permission to use the Gladskin Service subject to the restrictions in these Terms. Your use of the Gladskin Service is at your own risk, including the risk that you might be exposed to User Content (as defined below) that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
III. CHILDREN ARE NOT ELIGIBLE TO USE THE GLADSKIN SERVICE
Children Under 13. No part of the Gladskin Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
IV. YOUR ACCOUNT
You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Gladskin Service.
You represent and warrant that the information you provide to Gladskin upon the licensing of the Gladskin Service and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Gladskin Service, including making purchases, you may create log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Gladskin Service and to preserve the confidentiality of your username and password, and any device that you use to access the Gladskin Service. You agree to notify us immediately of any breach of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Gladskin by e-mail to email@example.com]. You will be solely responsible for the losses incurred by Gladskin and others due to any unauthorized use of your account.
Gladskin may communicate with you by email or posting notice on the Gladskin Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service-related purposes.
Electronic Notices. By using the Gladskin Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Gladskin Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Gladskin Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
VI. PRODUCT AND SERVICE PURCHASES AND PROMOTIONS
You may purchase products and services through the Gladskin Service. You do so subject to the terms and policies contained in these Terms.
Shopify. The Gladskin Service uses a Shopify, an e-commerce platform, to host and manage the website track inventory and manage user payments.
Must Be 18 or Have Parental Consent to Make Purchases. Children under the age of 18 may not make purchases from the Gladskin Service without parental consent. If you make any purchase from the Gladskin Service, you represent that you are either 18 years of age or older or that you are the parent or guardian of a user under the age of 18.
Product Pricing. While Gladskin strives to provide accurate pricing information, pricing or typographical errors may occur. Gladskin cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we reserve the right, at our sole discretion, to revoke any stated offer, or to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Gladskin may, at Gladskin’s sole discretion, either contact you for further instructions or cancel your order and notify you of such cancellation.
Return Policy. By ordering products through the Gladskin Service you agree to Gladskin’s Merchandise Return Policy [link].
Product Images. The Gladskin Service attempts to display product images as accurately as possible and to describe its products as accurately as possible. However, we cannot guarantee that descriptions and images are complete or error free.
Gladskin’s Right to Limit Order Quantity. Gladskin offers merchandise to consumers through the Gladskin Service. Gladskin reserves the right, in its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applied, at Gladskin’s sole discretion, to orders placed by the same user account, the same credit card and/or orders that use the same billing or shipping address.
Gladskin’s Right to Cancel Orders. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Orders Placed on the Gladskin Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner. Our products may not be resold or redistributed.
Gladskin reserves the right, with or without prior notice: to discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service.
Order Payment. You agree to pay all charges that may be incurred by you or on your behalf through the Gladskin Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
You may pay for your orders with Apple Pay, PayPal Checkout, and major credit cards issued in the United States of America and other payment methods we or our vendor, Shopify, may make available from time to time.
Risk of Loss. The risk of loss and title to items pass to you upon Gladskin’s delivery to carrier. Gladskin may assist you in placing an insurance claim with the carrier if your order has been insured.
VII. PRODUCT REVIEWS
From time to time, the Gladskin Service may provide you with the ability to create, post, or share product reviews and other content (“Your User Content”). When you post Your User Content, it and your name may be visible to Gladskin and to other users. You should not post Personal Information, especially Health Information, if you wish to keep the information private.
Gladskin May Monitor Posted Content. Moderators and others affiliated with Gladskin may monitor Your User Content. However, Gladskin has no obligation to prescreen Your User Content or content shared by other members.
VIII. GLADSKIN’S CONTENT OWNERSHIP AND USE
Gladskin owns or has rights to all of the content we make available through the Gladskin Service, but you may use it as you use the Gladskin Service. You cannot use our logo without our written permission.
The contents of the Gladskin Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Gladskin content (collectively, “Gladskin Content”). All Gladskin Content and the compilation (meaning the collection, arrangement, and assembly) of all Gladskin Content are the property of Gladskin or its licensors and are protected under copyright, trademark, and other laws. Except as expressly authorized in writing by Gladskin, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Gladskin Service or the Gladskin Content, in whole or in part. You agree that you will not share your user credentials except as specifically authorized by Gladskin in writing.
License to You. We authorize you, subject to these Terms, to access and use the Gladskin Service and the Gladskin Content solely for the personal use of the Gladskin Service, at our discretion, and does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Gladskin Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Gladskin Content on any copy you make of the Gladskin Content.
Gladskin Marks. Gladskin, the Gladskin logo, and other Gladskin logos and product and service names are or may be trademarks of Gladskin (the “Gladskin Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Gladskin Marks.
IX. INTELLECTUAL PROPERTY RIGHTS AND YOUR LICENSE TO USE
Gladskin Claims No Ownership. Gladskin claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Gladskin Service. You are responsible for protecting those rights.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Gladskin Service, any right, title, or interest in or to such content delivered via the Gladskin Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Gladskin Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Gladskin Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Gladskin Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Gladskin Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary. The Gladskin Service Contains Content from Users and other Gladskin Licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Gladskin Service.
X. SUGGESTIONS AND SUBMISSIONS
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Gladskin Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
XI. USER CONTENT DISCLAIMERS, LIMITATIONS, AND PROHIBITIONS
You are responsible for your actions when using and relying on the Gladskin Service or content available on the Gladskin Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users, including but not limited to comments, “likes,” status updates, user activity, photos, and user-to-user messages (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Gladskin Service you accept the risk that you might be exposed to User Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Gladskin Service. Gladskin does not endorse any, nor is it responsible for, User Content on the Gladskin Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the Gladskin Service, try to break it, or steal our hard work.
You agree to use the Gladskin Service only for its intended purpose. You must use the Gladskin Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Gladskin Service are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Gladskin Service, user accounts, or the technology and equipment supporting the Gladskin Service;
- frame or link to the Gladskin Service without permission;
- use data mining, robots, or other data gathering devices on or through the Gladskin Service;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose Personal Information about another person;
- harass, threaten, stalk, abuse, or post objectionable User Content;
- sell, transfer, or assign any of your rights to use the Gladskin Service to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Gladskin Service in an illegal way or to commit an illegal act in relation to the Gladskin Service or that otherwise results in fines, penalties, and other liability to Gladskin or others; or
- access the Gladskin Service from a jurisdiction where it is illegal or unauthorized.
XII. CONSEQUENCES OF VIOLATING THESE TERMS
If you do not act acceptably, we may prohibit your use of the Gladskin Service.
We reserve the right to suspend or terminate your account and prevent access to the Gladskin Service for any reason, at our discretion. We reserve the right to refuse to provide the Gladskin Service to you in the future.
Gladskin may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Gladskin Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Gladskin Service.
XIII. GLADSKIN’S LIABILITY
We are not liable for the actions of users when they use the Gladskin Service. We may also change the Gladskin Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Gladskin Service or other websites.
Changes to the Gladskin Service. We may change, suspend, or discontinue any aspect of the Gladskin Service at any time, including hours of operation or availability of the Gladskin Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Gladskin Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Gladskin of all claims, demands, and damages in disputes among users of the Gladskin Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Gladskin Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Gladskin Service, including content provided or posted by health professionals and content licensed by third parties. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Gladskin Service. Use the Gladskin Service at your own risk.
Third-Party Websites, Articles, and Media. The Gladskin Service may include links to third party websites and may post or link to articles, product reviews, media, and other information we think may be of interest to you. You are responsible for evaluating whether you want to access or use third-party content. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites. You assume all risk and we disclaim all liability arising from your use of them.
Released Parties Defined. “Released Parties” include Gladskin and its affiliates, officers, directors, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Gladskin Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Gladskin Service. If you use the Gladskin Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GLADSKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF GLADSKIN CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Gladskin Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XIV. FORCE MAJEURE
To the fullest extent permitted under applicable law, Gladskin will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to Gladskin information technology systems by third parties; or (g) other causes beyond the reasonable control of Gladskin.
XV. GENERAL TERMS
XVI. CONSUMER PROTECTION NOTICE
Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Gladskin Service or to receive further information regarding use of the Service.
XVII. ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Gladskin Service.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Gladskin Service or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Micreos North America, Inc.
New York, NY 10013