Web Site Terms and Conditions of Use as well as Legal Restrictions

Aesthetic By Kelsey, LLC, d/b/a My Skin Dealer ( “My Skin Dealer”) retains all rights and privileges to the information and services as displayed on its World Wide Web site (the “Site”) under the following terms and conditions. Using this Site indicates that you accept these terms and conditions and are put on notice of the Legal Restrictions. If you do not accept these terms, do not use this Site.

Important! Please carefully read these Terms before using the Sites, as they affect your legal rights and obligations. You agree to these Terms by accessing or using the Sites. If you do not agree to bound by all of these Terms, do not use the Sites.

Copyright and Trademarks

The entire content of the Site, including any images or text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of My Skin Dealer. All product names, regardless of whether or not they appear in large print or with the service mark symbol, are service marks of Aesthetic By Kelsey, LLC, d/b/a My Skin Dealer and related companies. The use or misuse of these service marks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of My Skin Dealer as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.

Registered Trademarks

“My Skin Dealer” is a Registered Trademark of Aesthetic By Kelsey, LLC, d/b/a My Skin Dealer.

YOUR LICENSE TO USE SITE CONTENT ON OUR SITES

You may visit our Sites without further permission from My Skin Dealer and My Skin Dealer grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to access and view the Site Content. This license is subject to your full compliance with these Terms. When you view or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with a Site or reverse engineer, modify or attempt to discover any source code associated with a Site, nor allow or assist any third party to do so (whether or not for your benefit.

Except as expressly provided in these Terms, you may not copy, reproduce, republish, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Site Content in any way, without the prior written permission of a duly authorized My Skin Dealer employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Sites. Any and all rights to use the Sites that are not expressly granted to you under these Terms are reserved for My Skin Dealer or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way My Skin Dealer’s rights to exploit fully any or all of the Site Content. Unauthorized use of Site Content may be a violation of federal and state laws and could result in civil and criminal liability.

REGISTRATION & ACCESS CONTROLS

Certain areas of the Sites may require account registration or may otherwise ask or require you to provide information to use Site features. When you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information. You agree you will not sell or otherwise transfer your account or any account rights and that you will keep your account credentials confidential. Except to the extent prohibited by applicable, unwaivable law, My Skin Dealer reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data. If you submit personal information to register for an account with My Skin Dealer or to otherwise participate in any services, that information will be governed by the Privacy Policy. You may cancel your account at any time via your account page or by contacting our customer support team.

INFORMATION AND CONTENT YOU SUBMIT

The Sites may provide you the opportunity to communicate with My Skin Dealer via e-mail or other means, or publicly post product reviews or other content through the Site (collectively, “User Content“).

Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. By submitting User Content, you represent and warrant to My Skin Dealer that your User Content: (1) is not confidential and that you have all necessary permission to submit it; and (2) does not infringe upon, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to My Skin Dealer.
My Skin Dealer does not control the User Content made available via the Sites and therefore does not guarantee the accuracy, integrity, quality or lawfulness of User Content.

Rights You Grant to Us. Whenever you submit or otherwise make available User Content to My Skin Dealer (including through use of a help, support, feedback, or “Contact Us” feature, or through a social media website) you: (1) grant to My Skin Dealer an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Content – and your name, voice, likeness and other identifying information in connection with that User Content – via any medium now known or later developed, without any compensation to you; and (2) to the extent permitted by applicable law, waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize My Skin Dealer to publish your User Content such that it may be accessed by users of the Sites or the general public.

Right to Screen and Remove Content. We have no obligation to monitor the Sites or any User Content made available via the Sites. However, you acknowledge and agree that we have the right to monitor the Sites and User Content you submit and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part, before or after it appears on the Sites, subject to My Skin Dealer’s sole discretion. My Skin Dealer reserves the right to suspend or terminate your access to the Sites at any time. Under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of any user’s User Content.

No Confidential Relationship. Except within the scope of any doctor-patient relationship with us, or as otherwise described in the posted Privacy Policy or other agreement on a Site where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with My Skin Dealer and any Physician-Owned Clinic is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place My Skin Dealer in a position that is any different from the position held by members of the general public, including with regard to your User Content. You further agree that My Skin Dealer is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, including, without limitation, publication of your User Content on the Sites, without any payment of any kind to you. To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You acknowledge that My Skin Dealer y may be working on or developing material similar or the same in nature to your User Content and that My Skin Dealer may have received similar or the same intellectual property rights from another party. My Skin Dealer owes you no obligation connected to your submissions unless you and My Skin Dealer enter a written agreement to that effect. Any discussion or negotiations between you and My Skin Dealer regarding your submissions does not constitute recognition of the novelty or originality of your User Content.

No Obligation to Use. You agree and understand that we are not obligated to keep or use your User Content in any way.

MEDICAL DISCLAIMER

My Skin Dealer is a provider of premium skin care products and services such as medical spa treatments. Unless and then only to the extent that prescribed by a My Skin Dealer clinician, My Skin Dealer products purchased through the Sites are not intended to diagnose, treat, cure, or prevent any medical condition(s) and are not in any way intended as medical advice or as a substitute for medical treatment. Without limiting the foregoing, those who are taking medication or are under treatment for a disease, or who are pregnant or lactating, are encouraged to consult with their health care professional before using any of the products.

DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Sites, including, without limitation, the Site Content, and any products and services sold by My Skin Dealer through the Sites, are provided on an “As Is”, “As Available” and “With All Faults” basis. To the fullest extent permissible by applicable law, My Skin Dealer and its parent companies, affiliated entities, Physician-Owned Clinics, vendors and the directors, officers, employees or other representatives of each of them (collectively, the “My Skin Dealer Parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Sites and the Site Content; (b) products or services sold through the Sites; (c) User Content; and/or (d) security associated with the transmission of information to My Skin Dealer or via the Sites. In addition, to the fullest extent permissible by applicable law, the My Skin Dealer Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.

The My Skin Dealer Parties do not represent or warrant that the Sites will be error-free or uninterrupted; that defects will be corrected; or that the Sites or the servers that make the Sites available are free from any harmful components, including, without limitation, viruses. The My Skin Dealer Parties do not make any representations or warranties that the information (including any instructions) on the Sites are accurate, complete, or useful. You acknowledge that your use of the Sites is at your sole risk.

The My Skin Dealer Parties do not warrant that your use of the Sites is lawful in any particular jurisdiction, and the My Skin Dealer Parties specifically disclaim such warranties. By accessing or using a Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site. Nothing in these terms of use limits, excludes, or modifies, or purports to limit, exclude, or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms of use would contravene any statute or cause any part of these Terms to be void (“Non-Excludable Guarantees”).

LIMITATION OF LIABILITY; WAIVER

To the maximum extent permitted by applicable law, and except in relation to any Non-Excludable Guarantees, you agree that under no circumstances will the My Skin Dealer Parties be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to: (a) the Sites or the Site Content; (b) User Content; (c) your use of any products or services purchased from the Sites; (d) your use of, inability to use, or the performance of the Sites; (e) action taken in connection with an investigation by the My Skin Dealer Parties or law enforcement authorities regarding your use of the Sites; (f) action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in a Site’s technical operation; or (h) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the My Skin Dealerparties have been advised of or should have known of the possibility of such damages. However, in no event will the My Skin Dealer Parties total liability to you for all damages, losses or causes or action, except those in relation to any Non-Excludable Guarantees, exceed the lesser of the amount paid by you, if any, to My Skin Dealer for (a) product(s) or service(s) purchased through the Sites or ten united states dollars ($10.00). The prior limitation on damages is not intended to limit the My Skin Dealer Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the My Skin Dealer Parties’ liability for personal injury or property damage caused by My Skin Dealer Parties, or for the My Skin Dealer Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.

You agree that in the event you incur any damages, losses or injuries that arise out of any of the My Skin Dealer Parties’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, service, or other content owned or controlled by the My Skin Dealer Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the My Skin Dealer Parties.

By accessing the Sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the My Skin Dealer Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms or any Additional Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the My Skin Dealer Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and My Skin Dealer. You will cooperate as fully required by the My Skin Dealer Parties in the defense of any claim. The My Skin Dealer Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the My Skin Dealer Parties.

COMMUNICATIONS

The communications between you and us use electronic means, including emails, posted notices on the Sites, or other forms of electronic communications. You agree that we may send communications in electronic form and that all communications we provide to you electronically, including terms and conditions, agreements, notices, and disclosures, satisfy any legal requirement that such communications would satisfy if it were to be provided in paper or other non-electronic format. The foregoing does not affect your statutory rights.

If you have opted in to receive marketing communications or other elective communications from us, you may choose to opt out at any time following the instructions relevant to such form of communication. . Please note that even if you opt out, we will still send you account-related emails, such as purchase receipts, financial information, pre-treatment instructions, appointment reminders, other treatment-specific information, and, in our discretion or as required by applicable law, information about updates to our policies or these Terms to the email address you provide.

TERMINATION

My Skin Dealer reserves the right to terminate your access to and use of the Sites in its sole discretion, without notice and liability, including, without limitation, for any reason or no reason. My Skin Dealer also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or My Skin Dealer. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Sites, or upon demand from My Skin Dealer, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Sites.

My Skin Dealer also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Site Content or discontinue and cease operation of any Site in its entirety.

GOVERNING LAW/VENUE

By visiting the Sites, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without giving effect to any conflict of law provisions, together with the JAMS (defined below) rules, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, such claim shall be brought in a court of competent jurisdiction in Boca Raton, Florida, and the normal choice-of-law rules shall apply to such proceeding.

ARBITRATION AGREEMENT /CLASS ACTION WAIVER/DISPUTE RESOLUTION

Both you and My Skin Dealer waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action arising under these Terms, including without limitation claims relating to My Skin Dealer’s advertising and business practices (the “Covered Disputes”). Both you and My Skin Dealer waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Except for disputes relating to the infringement of your or My Skin Dealer’s intellectual property (such as trademarks, trade dress, copyright and patents) or where My Skin Dealer is seeking injunctive relief (the “Excluded Disputes”), you and My Skin Dealer each agree to finally settle all Covered Disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms or your use of the Sites (including purchasing products or services through the Sites) will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction as set forth in the Governing Law/Venue section above. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, My Skin Dealer will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any other property of My Skin Dealer (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

You and My Skin Dealer agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against My Skin Dealer within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and My Skin Dealer agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: My Skin Dealer, ATTN: Arbitration Opt-out, 364 E. Palmetto Park Rd #4, Boca Raton, FL 33432
Email: myskindealer@gmail.com. For new users, the notice must be sent within 30 days of registering an account with My Skin Dealer, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, My Skin Dealer also will not be bound.

MISCELLANEOUS

The failure of My Skin Dealer to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit My Skin Dealer’s rights with respect to such breach or any subsequent breaches. No waiver by My Skin Dealer of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of My Skin Dealer. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. My Skin Dealer may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without My Skin Dealer’s prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against My Skin Dealer by virtue of My Skin Dealer having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by My Skin Dealer. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, “Disclaimer of Warranties,” “Limitation of Liability; Waiver” and “Arbitration Agreement”).

OUR RIGHT TO UPDATE THESE TERMS

My Skin Dealer reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.

CONTACT US

My Skin Dealer
Address: 364 E. Palmetto Park Rd #4, Boca Raton, FL 33432
Email: myskindealer@gmail.com