Welcome to YourSkinSpace
This website, www.YourSkinSpace.com, (this “Site”) is governed by the following terms of service (“Terms of Service”). Please read them carefully. Your use of this Site constitutes your agreement to these Terms of Service and to our Privacy Policy. If you do not wish to abide by these Terms of Service, do not use this Site. Please check this page from time to time, as we may change or modify our Terms of Service at any time without notice by posting a revised version on this page. All new features, services, and other changes by us are automatically subject to this agreement.
What We Do
YourSkinSpace (which we’ll refer to as “YourSkinSpace”, “us”, “our”, or “we”) provides an internet-based application and related services allowing a patient of Dr. Kimberly Cockerham to purchase and receive skincare supplies (our “Services”). No prescription medications or medical treatments are intentionally provided from our Services.
This Site is for the exclusive use of patients of Dr. Cockerham. If you are not a registered patient, you may call her office to become a patient. As a patient, you are issued a temporary login which allows you to access this Site and purchase skincare supplies. We require you to convert this temporary login into a permanent login immediately following your first use of this Site.
Use of YouSkinSpace is not a substitute for the direct medical advice of Dr. Cockerham. In most cases, Dr. Cockerham will provide you with a recommendation regarding which skincare regimen to utilize based on your unique needs. This recommendation may be available to you when you use our Services. If, however, you purchase products or rely on information from this Site without a prior consultation with Dr. Cockerham, you do so at your own risk. If you are in need of medical attention call 911 or Dr. Cockerham immediately.
All Your Skin Space purchases are for consumer use only. Products may NOT be resold. Dealer orders will NOT be accepted.
Shopping, Product Use and Payment
Customer Account and Password You agree to (1) provide certain current, complete and accurate information about yourself as prompted to do so by this Site; and (2) maintain and update this information as required to keep it current and complete. Once you create your permanent login and password, you are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation.
You agree to (a) immediately notify Your Skin Space of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Your Skin Space will not be liable for any loss or damage arising from your failure to comply with this Section.
Taxes Taxes will be calculated based on the laws of the jurisdiction in which the product is scheduled to be delivered.
Use by Minors To purchase a product from this Site you must be the legal age of majority as stated by the law of the jurisdiction in which you reside. If you are not of the legal age, you may not use this Site and may not provide information to us.
Payment Agreement By purchasing a product from this Site you are agreeing to pay any and all charges associated with the purchased product.
Shopping Limitations Your Skin Space reserves the right to limit the quantities of products we sell. We also reserve the right to eliminate products from this Site, cancel orders or prohibit access to certain pages at any time.
Product Use Your use of any product sold through this Site is at your sole risk. Your Skin Space shall not be held liable for any damages resulting due to an allergic reaction, from the misuse of any product, or as a result of any other foreseen or unforeseen occurrence. Therefore, it is the sole responsibility of you to read all product instructions carefully, to use the product strictly for the purpose for which it was designed, and to ensure that the product is used in a safe and reasonable manner.
Website Operations
Outbound Links This Site may link to third party websites outside the control of YourSkinSpace. Please understand that a link should be in no way considered an endorsement of a website. YourSkinSpace cannot be held liable under any circumstances for any damages that may occur as a result of you visiting a page through an outbound link.
Unlawful Use It is illegal to use this Site for any illegal or destructive purpose. This includes any use of this Site that could result in damaging, disabling, overloading or in any other way compromising this Site. Accessing or attempting to access information not intentionally made available to you is illegal and may result in civil or criminal prosecution.
Customer Feedback All feedback, questions, and other communications from you shall be considered the property of YourSkinSpace. By releasing this information to this Site, you are hereby giving YourSkinSpace the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of YourSkinSpace.
Change of Service Content YourSkinSpace reserves the right to change any and all content, including product prices contained on this Site, at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Intellectual Property
Copyright Unless otherwise indicated, all material presented on this Site, such as text, video, audio, or any other form, are the proprietary and copyrighted property of Your Skin Space. All rights are expressly reserved. The material on this Site may be used by you as a shopping and/or information resource. Any other use, including the commercial use, reproduction, modification, distribution, republication, display, or performance, of the material on this Site without the prior written permission of Your Skin Space is strictly prohibited.
Trademarks YourSkinSpace and any product or service names, slogans, page headers, custom graphics, button icons, and scripts contained on this Site are either trademarks or registered trademarks of Your Skin Space or its licensors. Such trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Your Skin Space. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners and may not be used without prior written permission.
Disclaimer of Representations and Warranties
Use of this Site and our Services is at your sole risk. We do not warrant that this Site will be uninterrupted or error free, nor do we make any warranty as to what results you will obtain using our Services.
Your Skin Space uses reasonable efforts to ensure that this Site is available on a 24/7 basis. However, there will be occasions when this Site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications that are beyond our control. By using this Site you agree that we shall not be liable to you for any modification, suspension or discontinuance of this Site.
this site and its contents are provided “AS IS.” We are not responsible for this site’s performance, deletion of data, mis-delivery or other problems that might happen. without limiting the generality of the foregoing, your skin space disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not represent or warrant that materials on this Site are accurate, complete, reliable, current, or error-free. We do not represent or warrant this Site is free of viruses or other harmful components.
Indemnification
You hereby agree to defend, indemnify and hold harmless Your Skin Space and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of these Terms of Service, (ii) arises from the content or effects of any messages you distribute using this Site or (iii) otherwise arises from or relates to your use of this Site or your violation of the rights of any third party. In addition, you acknowledge and agree that Your Skin Space has the right to seek damages when you use this Site for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
Disclaimer of Liability
IN NO EVENT WILL YOUR SKIN SPACE BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THE USE OF THIS SITE, EVEN IF YOUR SKIN SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL YOUR SKIN SPACE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBL LOSSES ARISING IN CONNECTION WITH:
- THE USE OF OR INABILITY TO USE THIS SITE;
- ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON THIS SITE;
- THE PURCHASE OF OR USE OF ANY PRODUCT OR SERVICE PURCHASED ON THIS SITE, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THIS SITE OR OUR SERVICES.
YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THIS SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes
Governing Law These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Sonoma County in the State of California with respect to all legal actions or disputes arising out of or relating to the use of this Site or these Terms of Service. Your use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms of Service, including, but not limited to, the provisions of this section. In any action or proceeding to enforce rights under these Terms of Service, YourSkinSpace will be entitled to recover its costs and attorneys’ fees.
Binding Arbitration Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common loaw, intentional tort and equitable claims) between you and YourSkinSpace, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “YourSkinSpace”) arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Service), Our Services, YourSkinSpace’s advertising or any related transaction shall be resolved exclusively and finally by binding arbitration adminstered by the American Arbitration Association, JAMS or the National Arbitration Forum, in accordance with their applicable rules, or any other established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration will be limited solely to the dispute between you and Your Skin Space. Neither you nor YourSkinSpace shall be entitled to join or consolidate claims by or against other customers or arbitrate any claim as a representative or class action or in a private attorney general capacity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys’ fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Limitations of Actions Any claim or cause of action arising out of or related to your use of this Site or our Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
General
This Site may only be used for lawful purposes.
You acknowledge that you have read, understand, and agree to be bound by the YourSkinSpace Privacy Policy, which may be modified from time to time by YourSkinSpace.
If any right or provision contained in these Terms of Service is determined to be invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining provisions of these Terms of Service. No waiver by YourSkinSpace of any provision hereof, and no failure by YourSkinSpace to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right or remedy in the future, or of any other provision, right or remedy hereunder, unless such waiver is set forth in a signed written agreement.
These Terms of Service, as modified from time to time by YourSkinSpace and accepted by you in accordance with the provisions of the foregoing paragraphs, constitute the complete and exclusive statement of the mutual understanding of the parties with respect to your use of this Site or regarding these Terms of Service, as modified. No delay or omission by either party in exercising any right or remedy under these Terms of Service or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service, and you do not have any authority of any kind to bind YourSkinSpace in any respect whatsoever.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the use of YourSkinSpace.
General questions or comments about the website and the YourSkinSpace Service may be directed to Customer Service.
