Effective as of February 4, 2015
Clear Skin Concierge Medical Group Inc. (referred to as “Clear Skin Concierge”) provides the ClearSkinConcierge.com site and various related services (together referred to as this “website”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms and Conditions”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions. To the extent that there is an inconsistency between this Agreement and any other guideline, rule, or agreement, this Agreement shall govern.
These Terms and Conditions establish the basic rules of safe and fair use of Clear Skin Concierge services. By accessing and using this website, you agree to be bound these Terms and Conditions and all other terms and policies that appear on this website. Please read these Terms and Conditions carefully. If you do not agree with any of these Terms and Conditions, you may not use this website and should not enter any information in it.
These Terms and Conditions are effective as of February 4, 2015. Without notice to you, Clear Skin Concierge reserves the right to modify these Terms and Conditions from time to time, effective upon posting, which shall supersede all prior versions of the Terms and Conditions unless otherwise noted. Your use of this website following such changes will be deemed to be an acceptance of any changes. You agree to review these Terms and Conditions each time you use this website so that you may be aware of any changes to them.
Individuals who are under the age of 18 years are prohibited from using this site.
Clear Skin Concierge provides the materials on this website, including (but not limited to) those that allow our users to view health-related information, to communicate with providers and staff, and to arrange for clinical and additional services. Fees for the various services are set out in the membership and service fees described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, digital camera, modem, and your own Internet access (including payment of service fees associated with such access).
Clear Skin Concierge reserves the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. Clear Skin Concierge shall not be liable to you or any third party should Clear Skin Concierge exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms and Conditions.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that Clear Skin Concierge has no control over third-party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You or Clear Skin Concierge may suspend or terminate your access to the website at any time, for any reason or for no reason. Clear Skin Concierge has the right (but not the obligation) to refuse to provide access to the website to any person or organization, or to prohibit any person or organization from using the website, at any time, for any reason or for no reason at all, in our sole discretion. You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to these Terms and Conditions and to use this website in accordance with these Terms and Conditions. Clear Skin Concierge and its agents maintain this website from offices in the State of California and make no representation that materials on the website are appropriate or available for use in other locations. If you access this website from a location outside the State of California, you do so at your own risk and initiative and are responsible for compliance with applicable laws at your location.
In addition to facilitating a private interaction with a licensed physician once a user registers and pays for the service, this website also contains general public information relating to skin conditions and their treatment. Such information is made available for all users – whether or not they are registered as patients for our healthcare services – in sections that do not require account access, and it is provided for informational purposes only. THE CONTENT OF THESE SECTIONS OF THIS WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS. YOU SHOULD NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BASED ON ANYTHING THAT APPEARS IN THESE SECTIONS OF THIS WEBSITE, AND YOU SHOULD NOT CONSTRUE SUCH CONTENT AS ANY WARRANTY OR RECOMMENDATION OF TREATMENT.
Moreover, Clear Skin Concierge should never be used for urgent matters. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Clear Skin Concierge considers the privacy of users’ health information to be of the utmost importance. Clear Skin Concierge’s responsibility to maintain the confidentiality of users’ health information is taken very seriously.
You represent and warrant that any and all information you post or otherwise provide to Clear Skin Concierge by means of this website is true and accurate, not misleading, and offered in good faith. You agree that Clear Skin Concierge may use information that you supply through the website to improve our service and product offerings or our website and also to provide you with additional information about our products and services. We may use common internet technologies, such as "cookies", to manage the information we receive from you. Clear Skin Concierge will not share, sell or otherwise distribute any of your personally-identifiable information with non-agent third parties for their promotional or sales purposes. In the event we provide a product or service to you, we may share certain information only with organizations who work with Clear Skin Concierge in order to provide those services to you. You grant Clear Skin Concierge and all other persons or entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the site. Clear Skin Concierge and its agents cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Clear Skin Concierge tools and services.
Clear Skin Concierge has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Clear Skin Concierge online passwords or account. It is your sole responsibility to (1) control the disclosure and use of your sign-in name, activation codes, and passwords; (2) authorize, monitor, and control access to and use of your Clear Skin Concierge account and password; and (3) promptly inform Clear Skin Concierge if you believe your account or password has been compromised or if there is any other reason you need to deactivate or change a password.
It is critically important that you keep your password to access Clear Skin Concierge completely confidential. Clear Skin Concierge or its authorized vendors and agents take no responsibility for and disclaim any and all liability or consequential damages arising from a breach of health record confidentiality resulting from your sharing or loss of your password. If Clear Skin Concierge or its authorized vendors and agents discover that you have inappropriately shared your password with another person or entity, or that you have misused or abused your online access privileges in any way, your participation may be discontinued without prior notice.
Your registration authorizes you to use Clear Skin Concierge services as provided in these Terms and Conditions. It is your duty to be truthful and accurate in the patient intake interview screens. It is also your duty to upload pictures of the actual patient. You acknowledge that you understand that any misrepresentations about the patient's condition may result in serious harm to you or others. The law requires that every medical diagnostic or treatment encounter be documented. The documentation of treatment encounters with Clear Skin Concierge is maintained in an electronic health record (EHR). You may also use your EHR to store other important medical information pertaining to your current health, medical condition and health history. While your account with Clear Skin Concierge is active and in good standing, you will have unlimited access to your medical information stored in your EHR.
By accepting these Terms and Conditions, you are granted a non-transferable license subject to these Terms and Conditions to use Clear Skin Concierge services. In order to be valid, your account must contain certain required true, correct and verifiable information about your identity and medical history. In order to maintain access to Clear Skin Concierge services, and in order for Clear Skin Concierge to provide you important information regarding your medical treatment and your health, it is your responsibility to update your personal account information and to notify Clear Skin Concierge of any changes in your health and of any changes in your home address, e-mail address, telephone number, or emergency contact. Your failure to do so may result in interruption of service or in Clear Skin Concierge’s inability to deliver to you important time-sensitive information about your medical condition, medications, and diagnostic test results. You may update your personal information by accessing your registration information through the Clear Skin Concierge website by logging in with your user name and password.
Clear Skin Concierge’s telemedicine consults are provided by physicians dedicated to the safe and effective evidence-based practice of telemedicine. You choose to enter into a doctor-patient relationship with Clear Skin Concierge’s physicians. You agree to have your medical history and photographs reviewed by one of Clear Skin Concierge’s physicians. You acknowledge that Clear Skin Concierge’s physicians may choose not to treat your condition or not to prescribe a medication for your condition. Clear Skin Concierge’s physicians reserve the right to deny care for potential misuse of services. Clear Skin Concierge operates subject to state regulation and may not be available in certain states. The administrative support functions for the practice are performed by Virtual Interactive Management Services LLC, a Clear Skin Concierge authorized agent. Clear Skin Concierge providers are responsible for the medical diagnostic and treatment decisions and advice. Some of these providers are also shareholders in the administrative support provider company. A list of these individuals will be provided to you upon request.
Clear Skin Concierge makes the treatment visit note available for you to review to ensure that relevant signs and symptoms of the patient’s presenting complaint are accurately documented and that you understand the treatment decision and instructions issued by the Clear Skin Concierge health care provider. You are advised to immediately contact Clear Skin Concierge if you disagree with or do not understand the contents of the treatment visit note or the instructions issued by the treating Clear Skin Concierge health care provider.
Clear Skin Concierge physicians or staff may send you messages. These messages may contain information that is important to your health and medical care. It is your responsibility to monitor these messages. It is your duty and responsibility to update your e-mail address on Clear Skin Concierge as needed. You agree not to hold Clear Skin Concierge or its authorized vendors and agents liable for any loss, injury or claims of any kind resulting from Clear Skin Concierge messages that you fail to read in a timely manner. Contents of any message may be stored in your permanent health record.
Individuals who are under the age of 18 years are prohibited from using this site. You agree at all times not to falsify or misrepresent your identity. You also agree to not attempt or facilitate to attack or undermine the security of the integrity of the systems or networks of Clear Skin Concierge or any of its authorized agents or affiliates.
You agree that all communication will be in regard to your own health condition(s). Asking for advice on behalf of another person could potentially be harmful and is a violation of the Clear Skin Concierge Terms and Conditions. Clear Skin Concierge and its physicians do not assume any responsibility for health information or services used by persons other than the registrant.
For the avoidance of doubt, you agree NOT to:
a. Sign on as or impersonate any person or entity or falsely represent your identification or affiliation.
b. Upload or transmit any communication or content of any type (including secure messaging) that infringes upon, misappropriates, or violates any rights of any party.
c. Use, modify, sell, assign or transfer the content or reproduce, display, pubpcly perform, distribute, post, transmit or otherwise use this website or any of its contents in any way for any pubpc or commercial purpose.
d. Reverse engineer, disassemble or decompile any software included in the content.
e. Use this website for any purpose in violation of local, state, national, or international laws or posted Clear Skin Concierge policies.
f. Use this website as a means to distribute or post advertising or other unsolicited material to any third party.
g. Distribute viruses or other harmful computer code.
h. “Jailbreak” the operating system of any device.
i. Harvest or otherwise collect information about others, including e-mail addresses.
j. Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
k. Interfere with the operation of this website.
l. Copy or distribute in any medium any part of this website.
m. Transmit material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Clear Skin Concierge personnel) or entity as determined by Clear Skin Concierge in its sole discretion.
n. Use interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
Clear Skin Concierge, in its sole discretion, may determine whether you are in violation of any part of these Terms and Conditions.
All material contained in this website (including, but not limited to, software, treatment protocols, text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, and any look and feel attributes) is the property of Clear Skin Concierge and/or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. Clear Skin Concierge reserves all rights in that regard. It is strictly prohibited to copy, document, modify reverse engineer, reverse assemble or otherwise attempt to duplicate or discover the contents of said intellectual property of Clear Skin Concierge or its authorized vendors and agents, and to remove or alter the copyright notice on any material that appears in this website. It is also prohibited to sell, sublease, transfer, assign, enable, or grant access or rights to use the services of Clear Skin Concierge to anyone. For the avoidance of doubt, users of the website are not authorized to make any use of the Clear Skin Concierge marks or the proprietary marks of third parties as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Clear Skin Concierge or the applicable third party. Nothing contained in this website should be construed as granting any license or other right without the express written permission of Clear Skin Concierge. Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by Clear Skin Concierge. Content and features are subject to change or termination without notice in the editorial discretion of Clear Skin Concierge.
This website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement or recommendation by Clear Skin Concierge of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of or by such third-party websites. If you use any links, you will leave the Clear Skin Concierge website. Clear Skin Concierge is not responsible for the content of linked third-party websites and does not make any representations regarding the privacy practices of, or any information or product or accuracy of materials found on such third-party websites. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.
By accepting these Terms and Conditions, you agree to receive essential communications by email. These communications may include (but are not limited to):
a. notifications that an important message awaits you on the website (this may be a message from your doctor, a response from a pharmacist, etc.);
b. website & service updates emergency alerts and critical messages; and/or
c. general health communications from your Clear Skin Concierge provider.
As part of your essential communications and services, you may receive wellness updates by email. In addition, you may periodically receive online invitations to participate in member satisfaction and other types of surveys related to your experiences at Clear Skin Concierge. Your participation in such surveys is always optional. Clear Skin Concierge may analyze information submitted via these surveys as part of descriptive (demographic) studies and reports. In such cases all of your personal identifying information will be removed.
If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, we will bill your credit card or Paypal account. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card and account information, your name, address and telephone number, and to provide us with any changes in such information within ten (10) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
If you are unsatisfied with our paid private evaluation service, you may write to use to let us know your concerns and we will do our best to address them as best we can. Pending our review, we will refund you in full for our service. No refunds, cancellations or returns will be issued for prescription medications associated with any treatment in this service. In certain cases, your skin condition may be too severe, or your medical background may be too complex, for online treatment; in this case, you will not be charged for our service. In unusual cases, you may have an allergic reaction to one of the medications prescribed to you, or the treatment may otherwise exacerbate your skin condition or remain ineffectual; if this occurs, you may have to see a local provider for an in-person evaluation, and Clear Skin Concierge is not responsible for any charges incurred in this situation.
All references to a “chargeback” refer to a reversal of a credit/debit card or other charge placed on this site. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on this site, please contact us for immediate resolution. YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD OR PAYPAL ACCOUNT ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $100 BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
Your account may not be available to you at all times due to unanticipated system failures, back-up procedures, maintenance, or other causes beyond the control of the Clear Skin Concierge or its authorized vendors and agents. Access is provided on an "as-is as-available" basis and Clear Skin Concierge or its authorized vendors and agents do not guarantee that you will be able to access your account at all times.
Clear Skin Concierge or its authorized vendors and agents take no responsibility for and disclaim any and all liability arising from any inaccuracies or defects in software, communication lines, the virtual private network, the Internet or your Internet Service Provider (ISP), access system, computer hardware or software, or any other service or device that you use to access your account.
The health care services rendered by Clear Skin Concierge’s physicians are subject to their discretion and professional judgment. Clear Skin Concierge operates subject to state regulation and may not be available in certain states.
AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CLEAR SKIN CONCIERGE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLEAR SKIN CONCIERGE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO ANY INFORMATION OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, CLEAR SKIN CONCIERGE DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES CLEAR SKIN CONCIERGE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE WEBSITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL CLEAR SKIN CONCIERGE OR ANY CLEAR SKIN CONCIERGE LICENSOR, LICENSEE OR SUPPLIER BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE OR ANY OF ITS CONTENT INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, AND ANY WEBSITE LINKED TO THE WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ANY OR ALL SUCH WEBSITES. UNDER NO CIRCUMSTANCES SHALL CLEAR SKIN CONCIERGE, ITS LICENSORS, LICENSEES OR SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, SITE-RELATED SERVICES AND PRODUCTS, AND/OR ANY THIRD PARTY WEBSITE, WHETHER UNDER A LEGAL THEORY OF BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR ANY OTHER THEORY, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE CLEAR SKIN CONCIERGE AND HOLD CLEAR SKIN CONCIERGE, ITS LICENSORS, AND SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
You agree to defend, indemnify, and hold Clear Skin Concierge, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
In addition to any excuse provided by applicable law, Clear Skin Concierge shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond its reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond its reasonable control, whether or not similar to those which are enumerated above.
You and Clear Skin Concierge and its authorized agents agree to comply with all applicable laws and regulations of governmental bodies or agencies in performance of our respective obligations under these Terms and Conditions.