Terms of service

OVERVIEW

Throughout the site, the terms “we,” “us,” and “our” refer to MyClinicalSkincare.com and its affiliates. We offer this website, including all information, tools, and services available ("Website") from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify, Inc., which provides us with an online e-commerce platform for selling our products and services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

Results may vary and are not guaranteed. Unless otherwise noted, the models featured are not users of the products. Product and packaging design may vary from the images shown. Products may be shipped in manufacturer packaging. Before and after images are provided as an example only and do not guarantee results.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding your credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, more personalized, or more timely sources of information.

The information made available on this site is not medical advice. This website is not an attempt to practice medicine or provide specific medical advice, and it should not be used to make a diagnosis or to replace or overrule a qualified healthcare provider’s judgment. Always consult with a qualified and licensed health care provider and follow their advice without delay, regardless of anything read on this website. Always consult with a qualified and licensed health care provider prior to use of any of the products offered if you are pregnant, breastfeeding, or have any health concerns. Use of the website does not establish a provider-patient relationship. The information you provide by visiting our site and/or purchasing from us is not subject to patient privacy laws, such as The Health Insurance Portability and Accountability Act (HIPAA). If you think you are experiencing a medical emergency, call 911 immediately. If you request medical advice through the website or other communication channels, you may be directed to seek care from a local qualified and licensed healthcare provider. Do not communicate or transmit any private health information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Availability and prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or promotion at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. Product ingredients may change. Refer to the ingredient list on the product received prior to use for the most accurate information. Unless otherwise noted, models are not users of the product and do not depict anticipated results.

SECTION 6 – ORDERS

All orders are subject to acceptance and availability. Items may ship separately. If any of the goods ordered are unavailable, you will be notified by e-mail (or by other means, if possible, if no valid e-mail address has been provided), and you can wait until the item is available or cancel your order. A lack of response or inability to provide you notice via a valid method of contact will result in the order being fulfilled as soon as possible. If the item is permanently unavailable or the order cannot otherwise be fulfilled, the order will be canceled.

Any orders you place will be treated as an offer to purchase the products or services from us, and we have the right to reject such offers at any time. You acknowledge that any automated reply to your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services as advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your method of payment or (ii) dispatch to you or commence the services, whichever is later.

The products sold on the Website are not for re-sale or distribution.

You will assume the risk for the products once they have been delivered to the delivery address you specified when ordering them. We accept no liability if you provide an inaccurate, incomplete, or non-deliverable address or if you fail to retrieve the products from the delivery location immediately.

Sales Tax, where applicable, will be added to your order at checkout. You are responsible for the payment of any additional sales, use, consumption, VAT, excise, or other taxes imposed by any taxing
authority and required to be paid or collected due to transactions using the Website.

In the unlikely event that the amount shown on the checkout page is wrong due to a typographical error, supplier price change, incorrect calculation of sales tax, unauthorized use of a discount code or promotion, or any other reason, we are not required to sell the products to you at the price shown and/or paid. If we discover an error in the accuracy of the price paid, we will notify you as soon as possible to provide the option to pay the difference or cancel the order. If no response is received
within 5 business days, the order may be canceled.

The use of discount codes is limited to the terms and conditions upon which they were issued to specific individuals or groups. Terms may include eligibility for use, maximum order value, and other
restrictions. We reserve the right to cancel any order that does not comply with the applicable terms and conditions. Questions about the terms and conditions of discount codes must be directed to orders@myclinicalskincare.com.

Any advertised prize, free bonus item, or gift with purchase is subject to availability. If, for any reason, a prize, free bonus item, or gift with purchase is unavailable, we reserve the right at our sole
discretion to substitute a similar item of similar value. No cash, refund, credit, or other alternative will be offered. Offers for free items are non-transferrable. Only one free item will be supplied per order. For the sake of inventory valuation, the free item may be represented on the website as having
a monetary value. Any attempt to “purchase” the free item without the qualifying item(s) is subject to cancellation.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse and/or cancel any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree that the method of payment provided is yours. All credit/debit cardholders are subject to validation checks, terms of use, and authorization by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorize payment to us, we will not be liable for any delay, non-delivery, or cancellation of your order. If you do not want us to attempt to charge your payment method, you must cancel your order. You agree to promptly update your account and other information, including your email address and credit
card number and expiration date so that we can complete your transaction and contact you as needed.

For more details, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these
Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include third-party materials.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites. Please review the third-party's policies and practices carefully and ensure you understand

them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, a product review) or without a request from us, you send creative ideas, suggestions, proposals, plans, images, or other materials or media, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that they become our property and we may, at any time, without restriction or notice, edit, copy, publish, distribute, translate, monetize, and otherwise use any media, ideas, or comments that you submit to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence, (2) to compensate for any Submissions, or (3) to respond to any Submissions.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of
Service.

You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submissions. You are solely responsible
for any submissions you make and their accuracy. We take no responsibility and assume no liability for any submissions you or any third party posted.

SECTION 11 - PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store. For more information, view our Privacy Policy.

SECTION 12 – MARKETING AND ORDER COMMUNICATION

By providing your contact information, you are opting in to receive text and/or e-mail communications regarding your purchase, shipments, order status, sales, promotional events, special offers, and cart reminders (“Communication”). You must be at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to receive Communication. By opting in, you: (i) authorize us to use an automated or manual system to send text messages to the mobile number associated with your opt-in (i.e., the phone number on file for your account), (ii) authorize us to use an automated or manual system to send e-mail messages to the e-mail address associated with your opt-in (i.e., the e-mail address on file for your account), (iii) acknowledge that you do not have to agree to receive Communication as a condition of purchase, (iv) confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number and that you are authorized to opt in, and (v) consent to the use of an electronic record to document your opt-in. Your message frequency may vary once you confirm your choice to opt into the Communication. Message and data rates may apply. Please consult the service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) due to receiving Communication. To stop receiving text messages, reply with the word STOP. To stop receiving e-mail messages, use the unsubscribe feature. Texts and e-mails related to your order may not be able to be opted out.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, ingredients, indications, contraindications, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information about the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14- PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that, from time to time, we may remove, suspend, or alter the Service for indefinite periods of time or cancel the Service at any time without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MyClinicalSkincare.com, our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available
via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 – INTELLECTUAL PROPERTY

Unless otherwise noted, the content of this Website is owned by Weeden Medical, LLC, and is protected by copyright, trademarks, database, and other intellectual property rights. All other trademarks, logos, and media are the property of their respective owners and are used with permission. You acknowledge that the material and content supplied as part of the Website shall remain with us or our authorized affiliates. You may not reproduce, modify, copy, or distribute any of the materials or content on the Website for commercial use. 

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MyClinicalSkincare.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless, be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the state of Florida.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service and any Notice must be directed to Orders@myclinicalskincare.com. To the extent that we use any contact information you have provided through the registration of your user account or otherwise, you agree that communication via such contact information shall be deemed valid notice to you, and any failure by you
to update such information shall not affect the validity of such notice given or attempted to be given to you.

Last updated: April 20, 2024