Last updated: October 10, 2018
Welcome to www.skincheckonline.com (“the Site”). E-Link Global Health Corporation d/b/a SkinCheckOnline (“we,” “us,” “our,” or “SkinCheck”) developed the Site to provide a convenient, confidential platform for people to submit information related to their specific skin condition or concern to a physician for evaluation and, if appropriate, treatment – so long as those people are over the age of 18 or other legal age under applicable state law, and/or have the necessary capacity or authority to enter binding agreements like this through a consenting parent or legal guardian, as explained below.
You may not use services on the Site and/or that SkinCheck provides if you do not agree to all of such terms and conditions, including the arbitration and indemnity provisions, unless otherwise stated on any consent or permitted by law. Therefore, if any term below is unacceptable to you, please do not use the Site or provide any personal information. If you are using the services and/or Physician Services on behalf of a company, legal entity, person, or persons, you are nonetheless individually bound by this Agreement even if one or more of these has a separate agreement with us.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICE MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
Users Who Are Minors
Further, if the registered user is younger than 13 years old (“Child”), the parent or other legal guardian agrees to review, submit and follow the Consent And Authorization To Provide Services To Children Under The Age Of 13, In Compliance With The Children’s Online Privacy Protection Act (“COPPA”) and to provide the required verification before Child may use services.
Services in General
SKINCHECK DOES NOT PROVIDE ANY MEDICAL SERVICES, PRACTICE MEDICINE OR ANY OTHER LICENSED HEALTHCARE PROFESSION, AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER PRACTICE BY PHYSICIANS OR OTHER LICENSED PRACTITIONERS, EACH OF WHOM IS RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE.
SkinCheck performs the kind of work that a physician staff or service may provide to them, including (1) operatig the Site, collecting and securely maintaining your medical and other information to assist the physician who provides medical services to you (“your Physician”), and (2) processing payment for services provided through the Site (“Services”).
When you have accepted the physician matched to you and have submitted all required consents, SkinCheck will provide your information to your Physician and process payment.
Physician Services. You may take photos of your skin condition and submit these photos, along with a description of your symptoms and medical history, for your Physician through the Site. Your Physician will then review the information that you submitted and may request additional information, such as a better photograph, or may reach a conclusion or diagnosis based on the information you provided. If appropriate, your Physician may then diagnose your skin condition and recommend and/or prescribe treatment (“Physician Services”).
Your Physician will decide whether Physician Services are available through online tools or whether you should visit your PCP or another physician of your choice for an in-person examination. If your Physician determines that a face-to-face visit is necessary to render an informed medical opinion, your Physician will decline to provide services via this platform and recommend you see a physician of your choice. Because this conclusion and advice will be based on an evaluation of the information you provide, any advice that you see a physician in a face-to-face visit will be considered “treatment” for billing purposes such that SkinCheck will not be obligated to refund any portion of your payment for any services or Services.
Products. If your Physician concludes that he or she has sufficient information to make a diagnosis and recommend treatment, your Physician may choose to use an e-prescription service or recommend over-the-counter drugs and/or therapies. You may also purchase some non-prescription products through the Site that your Physician may recommend to you. These products are being offered to you at a markup from cost. This means, and you acknowledge, that your Physician and SkinCheck may benefit financially from your purchase. Of course, you are under no obligation to purchase any of the products through SkinCheck; you may purchase the same products elsewhere; and your quality of care by your SkinCheck affiliated physician will not be affected in any way by your decision to purchase or not purchase products from the SkinCheck Site.
NONE OF THE SITE CONTENT (OTHER THAN INFORMATION YOU RECEIVE FROM YOUR PHYSICIAN) SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION, OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, NEITHER SKINCHECK NOR YOUR PHYSICIAN RECOMMENDS OR ENDORSES ANY SPECIFIC DRUGS, TESTS, OTHER PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH SERVICES AND DO NOT REPRESENT THAT ANY SERVICES PROVIDED ON THE SITE ARE AN APPROPRIATE SUBSTITUTE FOR DIRECT IN-PERSON SERVICES IN ALL CASES.
Specific Terms Applicable to All Services and Physician Services
- Acknowledgement of Terms in this Binding Agreement. You acknowledge that the terms and notifications above and those below are legally binding on you.
- Access to Physician Services. You acknowledge and agree that you will only access Physician Services and/or Services from an internet connected device located in a Qualifying State.
- Restrictions. SkinCheck makes no representation that all products, material, and/or the information provided through the Services, are appropriate for export and use in locations outside a Qualifying State. You access the Services and Physician Services on your own initiative and are responsible for compliance with all applicable laws, including local laws, and United States export laws. By downloading or otherwise using or transferring any software, technology or other information through or from the Services in any manner whatsoever, you represent and warrant you may legally do so.
You further agree that using the Services and Physician Services will not violate any other agreement to which you are a party and will not violate any rights of SkinCheck other users or of third parties, including intellectual property rights and privacy rights.
- You acknowledge that results from the Services and Physician Services are never guaranteed;
- SkinCheck may limit the number of connections you may have with your Physician and/or may otherwise limit your use of the Services, in its discretion;
- You understand and acknowledge that your Physician may not be able to respond to your messages immediately or even within a short time (but if you have not heard from your Physician within 48 hours, you should contact SkinCheck to find out why); and
By providing information to us, you grant SkinCheck, without any further consent, notice and/or compensation to you or to any third parties, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid-up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, the information you provide, directly or indirectly to SkinCheck, including user-generated content, ideas, concepts, techniques and/or data.
- Minors. SkinCheck complies with California’s Privacy Rights for California Minors in the Digital World Act (“PRCM”). PRCM prohibits marketing or advertising to minors any dietary supplement products containing ephedrine group alkaloids, including androstanediol, androstenedione, androstenedione, norandrostenediol, norandrostenedione, or dehydroepiandrosterone. PRCM also requires SkinCheck to remove information that identifies a minor on the Site or application if the minor or the minor’s parent or other legal guardian requests removal and to provide notice and clear instructions to minors using the site about applying to have identifying information removed.
SkinCheck does not intentionally identify minors on the Site without express approval, for example, to post a testimonial, and will remove any and all public information that identifies a minor on the Site immediately upon verified notification from the minor or his or her parent or other legal guardian sent to Notices@skincheckonline.com or via mail at Notices to SkinCheckOnline, P.O. Box 3874, Yountville, CA 94599.
SkinCheck also complies with the federal Children’s Online Privacy Protection Rule and California’s as set forth in the CONSENT AND AUTHORIZATION TO PROVIDE SERVICES TO CHILDREN UNDER THE AGE OF 13, IN COMPLIANCE WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”).
- Identifying Users. The only time SkinCheck may identify you is if you request or expressly consent to our posting a testimonial, and if you are minor, only with parental or guardian consent provided through one of the methods identified above. Even if publication is properly requested, whether we post a testimonial is completely within our discretion. If we do post such a testimonial and you later want the information about you removed, we will remove it as soon as practicable upon your written request.
- Payment. You agree to pay all fees for Services provided through the Site. By providing SkinCheck with your payment information, you agree that SkinCheck is authorized to charge your account for all fees due and payable to SkinCheck hereunder and that no additional notice or consent is required.
- Prohibited Uses. You agree not to use the Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; and/or g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Intellectual Property. You hereby expressly acknowledge that SkinCheck or its licensors own all legal right, title and interest in the Services. SkinCheck reserves all rights not expressly granted in and to the Service. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
- Intellectual Property Infringement. We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the Services (or any portion thereof) and/or terminate your account if you use the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement as follows:
Notices to SkinCheckOnline
P.O. Box 3874
Yountville, CA 94599
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided,if such removal is pursuant to a validly received a Digital Millennium Copyright Act of 1998 (“DMCA”) take-down notice.
- Third Party Sites. We may provide links to third-party websites. If we do, we are not obligated to review any third-party websites that you link to from the Site or Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them. If we provide such links, you acknowledge that we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any third-party websites we may link from the Services, you do this entirely at your own risk.
- No Agency or Representations By SkinCheck. As noted above, SkinCheck does not practice medicine and does not exercise control or influence over your Physician. Further, notwithstanding any term herein, your Physicians are not agents of SkinCheck, and you may not interpret any communications or transmissions to or from your Physicians to create an agency relationship and they may not be deemed at any time to be acting as an agent of SkinCheck.
You understand that by coordinating and in certain cases consulting with a Physician through the Service, you are not entering into a physician-patient relationship with SkinCheck. SkinCheck provides a platform and mechanism for enabling you to connect and chat with Physicians. SkinCheck does not participate in the interaction between you and Physicians and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Physicians. SkinCheck makes no representations about any of these and assumes no responsibility for any of them. You can report a complaint relating to the care provided by a Physician by contacting the professional licensing board in the state where the care was received.
- Disclaimer Of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. BOTH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKIN CHECK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. SKIN CHECK MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SKIN CHECK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKIN CHECK OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED AND AGREE THAT SKINCHECK IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.
- Limitation Of Liability. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SKINCHECK OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS (“SKINCHECK AFFILIATES”) BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE AGGREGATE LIABILITY OF SKIN CHECK TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO FIVE (5) TIMES THE FEE THAT YOU PAID FOR SERVICES THROUGH THE SITE, OR U.S. $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
- Mutual Rights of Termination. You may terminate this Agreement, for any or no reason, at any time, upon notice to SkinCheck. SkinCheck may terminate, modify, restrict, or suspend your use of the Services, your account, and/or your registration without notice for any reason at any time. You understand that termination of your Agreement with SkinCheck and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU. OTHER AGREEMENTS WITH SKIN CHECK MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES, TERMINATION PROVISIONS WITHIN OTHER AGREEMENTS SHALL GOVERN THE TERMINATION OF THOSE SERVICES.
- Dispute Resolution. YOU AND SKINCHECK AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN SACRAMENTO, CALIFORNIA, AS ADMINISTERED BY JAMS OR THE AMERICAN HEALTH LAWYERS’ ASSOCIATION UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND SKINCHECK AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SACRAMENTO COUNTY, CALIFORNIA, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT SKINCHECK SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST-EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE SKINCHECK AND YOU MUST COMPLY WITH THE FOLLOWING RULES.
YOU AGREE THAT YOU AND SKIN CHECK ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
- Notices and Service of Process. We may notify you via postings on www.skincheckonline.com. You may contact us at Notices@skincheckonline.com or via mail at:
Notices to SkinCheckOnline
P.O. Box 3874
Yountville, CA 94599
SkinCheck accepts service of process only through its agent for service:
ADD INFORMATION ON AGENT
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- Limited Time to Bring Claim. Where permitted by law, you and SkinCheck agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have a question or complaint regarding the technology or the Site, please contact us at one of the addresses described above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.