1. Acceptance of These Terms
Welcome! This website, https://shop.valleyskininstitute.com/ (the “Site,” including all
subdomains), is a copyrighted work belonging to Valley Skin Institute (“we,” “us,” and “our“).
These terms of service (the “Terms“) govern your access to and use of the services available on
this Site (the “Services“). Specific features of the Site may have additional rules and terms
associated with them, and such additional rules and terms will be prominently posted or
otherwise made available to each user (“you” and “your,” including any entity you represent)
and are incorporated herein by reference.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING
LEGAL AGREEMENT BETWEEN YOU AND VALLEY SKIN INSTITUTE . BY USING
THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE
BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF
LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND
CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT
ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART
OF THESE TERMS.
THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE
AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING
ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES
INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER
THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
You must be at least 18 [eighteen] years of age to use this Site. By using this Site you represent
that you are at least 18 [eighteen] years of age.
2. License to Use Website
This Site primarily operates as a(n) e-commerce website. Subject to these Terms, you are granted
a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and
access the Site. You must use this license only in the manner permitted by these Terms for the
sole purpose of using and enjoying the benefit of the Services provided by the Site.
The Services provided may include advertisements, some of which may be targeted based on the
type of information on the Site, queries made, or other information, whether submitted by you or
others. The types and amount of advertising on the Site or through the Services is subject to
type, and other information in order to optimize their experiences. By using this Site you
may delete cookies already on your computer by consulting the instructions for your file
management software. You may also disable future cookies in your browser settings. Please note,
however, that disabling cookies may prevent or impair your ability to access and fully make use
of certain Services and areas of the Site.
You also acknowledge that websites such as Google and other third-party vendors to our Site
may use DART cookies to provide add-ons to our Site based upon visitors visiting our Site and
other websites. Visitors may decline the use of DART cookies by visiting the Google ad and
5. Acceptable Use Policy
By using this Site you agree to use the Services in compliance with these Terms and all
applicable rules and regulations, including the local, state, national, and international laws that
apply to your jurisdiction. We are based in California, United States. This Site is meant for use
by persons within the United States. It may be illegal for certain persons to use the Site in some
countries. We make no claim that the Site will be legal or accessible outside of the United States.
Subject to these Terms, you may view, print, and use our content and Services as permitted on
the Site and only for your own personal, non-commercial use. You further agree and
acknowledge that your use of this Site and the Services results in you sending electronic
interstate transmissions through our computer network, and such transmissions may include, but
are not limited to, any searches, file uploads, posts, instant messages, or emails.
The following uses of the Site are prohibited unless we have intended to provide you with access
or have provided you express written permission to the contrary:
a. Using the Site in a manner that causes, or may cause, damage to the Site or in a way
that impairs visitors’ abilities to access or use the Site and Services, including using the
Site in a manner or for a purpose that is unlawful or fraudulent;
b. Using the Site in order to copy, store, upload, publish, use, transmit, host, or distribute
anything consisting of or linked to any computer virus, spyware, rootkit, worm,
keystroke logger, or other malicious computer software or software that may destroy,
damage, or alter a computer system;
c. Conducting any systematic or automated data collection on or related to the Site or its
users without their consent, including, without limitation, data mining, data extraction,
scraping, data harvesting, “framing,” or article “spinning”;
d. Using the Site to collect, harvest, or compile information or data regarding other users
of the Site without their consent;
e. Using software or automated agents or scripts to generate automated searches,
requests, or queries on the Site or to mine data from the Site, provided, however, that
operators of public search engines have our revocable permission to copy materials from
the Site for the sole purpose of and only to the extent necessary for creating public
search indices, but not caches or archives of such materials, according to the parameters
in our robots.txt file;
f. Transmitting or sending unsolicited communications, commercial or otherwise, or
conducting any marketing activities, including using the Site to send spam, pyramid
schemes, or chain letters;
g. Republishing (including on another website), duplicating, copying, redistributing,
selling, leasing, transferring, hosting, renting, or licensing any part of the Site or
otherwise commercially exploiting content, whether in whole or in part, on the Site;
h. Editing, modifying, making derivative works of, reverse engineering, or reverse
compiling any information, content, systems, or Services on the Site;
i. Accessing the Site in order to create a similar or competitive business, product,
service, or website;
j. Collecting, transmitting, distributing, uploading, or displaying any content or
otherwise using the Site in a manner that (i) violates the rights of any third party,
including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious,
threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive,
racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in
any way, or (iv) impersonates another individual or organization or otherwise
misrepresents affiliation with another person or entity without permission;
k. Interfering with, disrupting, or overburdening servers or networks connected to the
l. Gaining or attempting to gain unauthorized access by any means to any part of the Site
or to computers or networks connected to the Site; and
m. Harassing, stalking, harming, or otherwise interfering with or negatively affecting
another user’s normal use and enjoyment of the Site.
6. International Use and Compliance
Due to the global nature of the internet, you understand and agree that it is your responsibility to
ensure that your use of the Site complies with all local, international, and other laws that may
apply. In addition, United States import and export control laws and the import regulations of
other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer,
directly or indirectly, any software, technical data, or technology acquired through us, the Site, or
the Services in violation of such export or import laws, including, but not limited to, the United
States Export Administration Regulations (EAR) and the various United States sanctions
We do not knowingly collect personal information or data from visitors under 13 years of age.
You may not use this site if you are under the age of 13 [thirteen].
8. User Accounts
Visitors to the Site are permitted to create user accounts or profiles. Upon registering for our
Services, you are considered a “Member” of the Site. You represent that all information you
submit when creating an account is true and accurate, and you promise to update and maintain
the accuracy of this information at all times. Each Member is the sole authorized user of his or
her account. Members are responsible for keeping their passwords and account access
information confidential. Therefore, you should take measures to restrict access to your account
and to any devices from which you access your account. As a Member, you are responsible for
all activities that occur under your account, and you acknowledge that Valley Skin Institute is
not responsible for unauthorized access to your account that results from theft or
misappropriation of your account or password. Members are prohibited from assigning or
otherwise transferring their accounts and passwords to others. You must notify us immediately if
you know of or suspect that an unauthorized use or other breach of security of your account or
the Site has occurred. We may not be held liable for any loss or damage that may arise from your
failure to maintain the security of your account. You may delete your account at any time and for
any reason by following the instructions on the Site. We retain the right to suspend or terminate
your account at any time and for any reason, as further detailed below.
9. User Content
“User Content” means any material that you or other visitors submit or transmit in any manner
to the Site for any purpose, whether publicly posted or privately transmitted, and includes, but is
not limited to, any text, images, audio material, video material, and audio-visual material. This
Site and the Services it provides may include multiple ways of submitting User Content,
including, for example, through use of forums, chats, online bulletin boards, and similar tools
that allow visitors to communicate with others or submit content. Unless we indicate that
particular User Content you submit will be kept confidential, your User Content may be made
available for other visitors to view on the Site or through third-party services. You hereby
represent and warrant that the User Content you submit does not violate our Acceptable Use
Policy stated herein.
You are prohibited from submitting any User Content that is illegal, unlawful, or infringes on the
legal rights of any third party. Furthermore, you may not submit User Content that has ever been
the subject of any actual or threatened legal proceedings or any User Content that may give rise
to a legal action under any applicable law, whether against you, us, or a third party.
You agree that you are solely responsible for any consequences that may result from submitting
User Content, including use of the User Content by other visitors of the Site and by our thirdparty partners. Unless we indicate that particular User Content you submit will be kept
confidential, your User Content may be distributed, published, broadcast, or syndicated by us or
our third-party partners. You may be subject to liability if you submit User Content without the
authority to do so.
We do not monitor the submission or publication of User Content on the Site and are not
responsible for the User Content. We do not endorse or support any User Content or the opinions
contained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of any
User Content or other communications submitted or published on the Site. You agree that we are
not responsible for any loss or damage you may incur as a result of interacting with others on the
Site, and we are under no obligation to become involved in any such disputes. You may not
represent that we have provided, endorsed, or supported the User Content you submit. Your use
or reliance on any User Content is at your own risk. You assume all risks associated with the
User Content you submit, including any reliance on the User Content and the risk of disclosure
of the User Content that may identify you personally to a third party. You understand and accept
that by using the Services or Site you may be exposed to User Content that is offensive,
inaccurate, deceptive, harmful, or otherwise inappropriate.
User Content may be subject to specific rules and limitations we post or communicate to you
from time to time. You agree to only submit User Content conforming to such rules and
We may remove, edit, or delete any User Content submitted, hosted, or stored on the Site or our
servers without providing you with prior notice. We are not obligated to store or back up any
User Content. Therefore, you are responsible for creating backup copies of any User Content you
wish to keep.
Under no circumstances may Valley Skin Institute be held liable in any way for any User
Content, including, but not limited to, for any errors or omissions in the User Content or for any
loss or damage of any kind that may occur as a result of any User Content submitted, published,
or otherwise made available on the Site, Services, or elsewhere.
10. User Content License
By submitting User Content you grant Valley Skin Institute an irrevocable, non-exclusive,
royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy,
adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display
and perform, incorporate into other works, prepare derivative works of, bring actions for
infringement of, and otherwise use and exploit your User Content in any and all media or
distribution methods now known or later developed. This license includes the right to provide the
User Content to our third-party partners for distribution, publication, syndication, and broadcast
on other media, devices, and services subject to our terms and conditions for the use of such User
Content. Furthermore, you irrevocably waive any claims of moral rights or attribution regarding
your User Content. You represent and warrant that you have all rights, power, and authority to
grant all the rights pertaining to User Content as stated in these Terms.
This means that you will always maintain ownership of the User Content you submit. However,
we have the right to display the User Content and make various changes to it as are necessary in
providing our Services and to conform to the needs of different media, devices, services, and
computer networks. At no time will you be entitled to any compensation for this license.
11. Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Site and to take any appropriate
action against you that we determine is necessary in our sole discretion should you violate these
Terms or otherwise create liability, loss, or damage for us, our Site visitors, or a third party. Such
action may include, but is not limited to, restricting your account privileges or terminating your
account, initiating proceedings to recover any losses and reporting you to law enforcement
12. Third-Party Resources
The Site may contain links and advertisements to third-party websites and services (collectively,
“Third-Party Resources“). You agree and acknowledge that Third-Party Resources are not
under our control and we are not responsible for the content, products, or services they provide.
We provide access to Third-Party Resources only as a convenience to you and do not monitor,
endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole
responsibility to exercise appropriate caution and discretion when using Third-Party Resources,
and you acknowledge that you assume all risks that arise from such use.
13. Modification of Site
We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at
any time with or without providing prior notice to you. This includes the right to create limits on
our visitors’ use of Services and data storage. You agree that we are not liable for using or
enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future
modifications to the Site are subject to these Terms.
14. Support or Maintenance
Although we may choose to provide customer support or website maintenance, you acknowledge
and agree that we are under no obligation to do so.
15. Restricted Access
Some parts of the Site may be restricted to certain visitors. If you have permission to access
restricted parts of the Site, you agree to not share your access information and password with
third parties. We may change the restricted parts of the Site from time to time. If you do not have
access to restricted parts of the Site, you agree not to use another user’s account to gain such
access or otherwise attempt to gain improper access to the restricted parts of the Site.
At times we may need to send you communications related to the Site or the Services. Such
communications are considered part of the Services, and you may not be able to opt out of
We reserve the right to access and disclose the information and User Content you submit to the
Site if required to do so by law or if we have a reasonable, good-faith belief that doing so is
necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or
technical issues, (iii) protecting the rights, property, and safety of Valley Skin Institute , its users,
and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms,
including investigating potential violations.
17. Valley Skin Institute Rights and Ownership
Unless otherwise stated, Valley Skin Institute and its permitted licensors own all intellectual
property rights in the Site and its contents, excluding User Content. These rights include, but are
not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks,
patents, software, and other distinctive brand features displayed on the Site or Services, including
the compilation of any of the foregoing items. Except for the limited rights granted by these
Terms, neither these Terms nor your use or access to the Site give you or any third party any
intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do
not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices
on the Site or Services must be retained on all copies thereof. You may not publish, reverse
engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or
exploit for any commercial reason, whether in whole or in part, any of the content on the Site or
Services other than your own User Content without our express prior written consent or the
consent of any third-party owners of the content. Site content is not for resale under any
18. Copyright Policy
We expect you to respect the intellectual property rights of others when using the Site and
Services. We will respond to any notices of copyright infringement that we receive that comply
with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to
submit a notice of infringement of your copyrighted material, please provide us with the
a. A physical or electronic signature of the copyright owner or a person authorized to act
on their behalf;
b. Identification of the copyrighted work or works claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;
d. Your contact information, including your address, telephone number, and an email
address, if available;
e. A statement by you that you have a good-faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law;
f. A statement that the information in the notification is accurate, and, under penalty of
perjury, that you are authorized to act on behalf of the copyright owner.
We may remove any content that is alleged to be infringing at our sole discretion without prior
notice and without liability to you. We also reserve the right to take other appropriate action
against infringers, such as terminating the user’s account if the user is determined to be a repeat
infringer. Please send any notice of alleged copyright infringement to our designated copyright
agent at the following address:
Valley Skin Institute
Attn: Copyright Agent
7777 N. Ingram Ave.
Fresno, California 93711
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification
that content is infringing or that allegedly infringing content was removed by mistake or
misidentification automatically subjects the complaining party to liability for damages, including
costs and attorney’s fees incurred by the alleged infringer, by any copyright owner or copyright
owner’s authorized licensee, or by us, if injured by such misrepresentation.
19. Sales Policies
We stand behind the quality of every Fig Skin Care Product and will gladly refund your purchase
within 30 days of purchase under the following conditions: The product is defective You have
only used the product a few times and are having an allergic reaction You will need to bring the
product back to the office for a refund. We understand that accidents happen, but we can not be
held responsible for spilled products or dropped containers. Please handle your products with
20. Cancellation Policy
AUTO-REPLENISH AND $AVE Never run out of your favorite Fig Skin Care products. Shop
our wide selection of skincare products and take advantage of our auto-replenish feature to save
time and money. Opt-in on the product page or in cart. ORDER ONCE THEN RELAX Cancel
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. THE SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES
WITH REGARD TO THE CONTENT PROVIDED ON THE SITE. WE, OUR
SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES,
PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT
LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENT,
OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL,
UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY,
RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF
VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR
SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE
ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF
DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE
DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR
PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE
OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR
THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES
ONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY
BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL,
FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL
ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL
SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE,
ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM
THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE
WHICH MAY NOT BE LAWFULLY LIMITED.
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VALLEY SKIN
INSTITUTE , INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES,
CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS,
MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR
REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF
DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i)
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii)
THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT
OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT
LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v)
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR
CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES. THESE
LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE
POTENTIAL LOSS OR LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO
EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE
HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN
THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE
EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU
AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS
WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR
USE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM
PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF
LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE
THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Valley Skin Institute and its subsidiaries,
officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including,
but not limited to, costs and attorney’s fees, from any claim or disputes by a third party arising
out of your use of the Site, violation of these Terms, violation of applicable law, or your posting,
modifying, or otherwise transmitting User Content through the Site or Services. We reserve the
right, at your expense, to assume exclusive control over the defense of any claim or dispute for
which you must indemnify us. You agree to cooperate fully with us in defending such claims or
disputes, and you agree not to settle any such claims or disputes without our prior written
consent. We will make a reasonable effort to provide you with notice of any such claim or
dispute once we receive notice.
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of
the Site or Services, you hereby release and forever discharge us, including our subsidiaries,
officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all
related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or
future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA
CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH
STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We may suspend or terminate your access to the Site at any time and for any reason or no reason
at all, with or without notice, at our sole discretion. This may result in deletion of information
associated with your account. You may also terminate your account by deactivating it or by
submitting a termination request and discontinuing your use of the Services. Your account may
be deactivated if it experiences a prolonged period of inactivity. Your User Content may also be
deleted in the event your access is terminated. Where applicable, all rights and responsibilities of
the parties under these Terms will survive the termination of this agreement, including, without
limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
26. Modification of These Terms
We may modify or update these Terms from time to time at our sole discretion. All updates will
be effective from the time and date that they are posted. We recommend checking this page
regularly for any updates. Your continued use of the Site and Services signifies your acceptance
of the updates that occur. We may send you notice of updates to these Terms, including, but not
limited to, by email, posting on the Site, or other reasonable means.
27. Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole
discretion under the circumstances, including, but not limited to, suspending, blocking, or
terminating your access to the Site and Services and your account. We may also choose to
remove your User Content.
28. Dispute Resolution
Unless both parties agree otherwise, you and Valley Skin Institute agree that any dispute, claim,
or controversy you may have arising out of or relating to the Site, Services, or these Terms will
be resolved through mandatory binding arbitration administered by the American Arbitration
Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its
arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the
U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and
THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL
RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN
A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES
RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THE
TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT
ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY
HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS
MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES;
OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This
provision will survive the termination of this agreement and the termination of your account.
You and Valley Skin Institute agree that we may seek injunctive or other appropriate relief in the
appropriate state or federal court should you violate or threaten to violate the intellectual
property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you
consent to exclusive jurisdiction and venue in such courts.
29. General Terms
a. Entire Agreement
These Terms represent the entire and exclusive agreement between you and Valley Skin
Institute regarding your use of the Site and Services, superseding and replacing all
previous agreements. You may also be subject to additional terms and conditions or
separate agreements regarding specific Services we provide, partner or affiliate services,
use of Third-Party Resources, or any purchases you may make through the Site.
In the event that these Terms are translated into other languages and there is a
discrepancy between the two language versions, the English language version will
prevail in all cases to the extent that such discrepancy is the result of an error in
b. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not operate as a waiver
of such right or provision.
If any provision of these Terms or the application thereof is held to be invalid or
unenforceable for any reason and to any extent, that provision will be considered
removed from these Terms; however, the remaining provisions will continue to be valid
and enforceable according to the intentions of the Parties and to the maximum extent
permitted by law. If it is held that any provision of these Terms is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision will be deemed to be written, construed, and enforced
as so limited.
Your rights and obligations under these Terms, including any accounts, profiles, or
personalization settings you may have, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without our prior written consent, and any attempt to do so
will be null and void. We may freely assign these Terms and our rights and obligations
hereunder without notice to you, and these Terms will continue to be binding on
d. Cumulative Rights
The rights of all parties under these Terms are cumulative and will not be construed as
exclusive of each other unless otherwise required by law.
e. Law and Jurisdiction
These terms shall be governed by, and will be construed under, the laws of California,
United States, without regard to or application of its conflict of law principles or your
state or country of residence. All claims, disputes, and legal proceedings related to or
arising out of these Terms or your use of the Site or Services will be brought exclusively
in the federal or state courts located in California, and you hereby consent to and waive
any objection of inconvenient forum as to such jurisdiction.
30. Electronic Communications
Electronic communications occur whenever you use the Site or Services, you send us emails, we
send you emails, and we post notices on the Site. You consent to receive such electronic
communications and agree that the electronic communications, including, without limitation, all
notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal
requirement that such communications would satisfy if provided to you in a written hardcopy.
31. Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning the
Site or Services and agree that we have the right to use and fully exploit all such feedback or
complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or
complaints as non-confidential and non-proprietary. Do not provide us with any feedback or
complaints that you consider confidential or proprietary.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of
the Division of Consumer Product of the California Department of Consumer Affairs by
contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-
32. Contact Information
Please report any violations of these Terms to us. If you require any more information or have
any questions about these Terms, you may contact us as follows:
Valley Skin Institute
7777 N. Ingram Ave.
Fresno, California 93711
protect themselves from a wide variety of potential legal liabilities. The following information
Note that this document is meant for websites based within the United States. It may not be
appropriate for sites hosted in other countries or may need additional language.
Acceptance of Terms
This section explains that, by using the website and any services provided, the visitor agrees to
abide by the terms and conditions. These terms are a binding legal agreement. Also, the section
specifies any age restrictions you impose on visitors.
Browsewrap vs. Clickwrap
“Browsewrap” is the term used for websites that allow users to accept their terms and conditions
simply by navigating through the site. “Clickwrap,” on the other hand, refers to sites that require
visitors to affirmatively agree to the terms by clicking an “Accept” button, or checking a similar
box, before creating an account or making a purchase.
Browsewrap is typically only used for static sites that are primarily informational in nature with
little to no interaction with the site or others and do not offer products or services for sale.
Clickwrap is recommended for all sites that go beyond browsewrap by selling products and
services or allowing users to post content or interact with others.
If you choose to implement clickwrap, you should be sure that your method requires visitors to
make an affirmative action assenting to the terms and conditions. Best practice is to require
click the button or box to agree.
License to Use
Visitors are granted the limited right to use the website so long as they conform to the
requirements set out in the terms.
You, as the website operator, have the right to advertisements, some of which may be targeted
based on the type of information on the site, queries made, or other information submitted by
visitors. The types and amount of advertising on the site is subject to change.
preferences, browser type, and other information in order to optimize their experiences. Visitors
may choose to decline cookies by disabling them in their browser settings.
Acceptable Use Policy
This section explains your rules for conduct and provides a lengthy list of prohibited uses of the
website, including using the website
- for illegal purposes,
- to transmit viruses and other malicious computer software,
- to harvest data,
- to transmit or send unsolicited communications,
- to commercially exploit its content,
- to attempt to gain unauthorized access to restricted parts of the site, and
- to harass, stalk, harm, or otherwise interfere with another user’s normal use and enjoyment of
International Use and Compliance
Visitors are responsible for ensuring that their use of the site conforms to all local, international,
and other laws that may apply.
Minors and the Children's Online Privacy Protection Act
This section, if included, explains whether you knowingly collect, or allow others to collect,
personal information or data from visitors under 13 years of age and, if so, provides your reasons
for doing so. Website operators that collect this information are required to comply with the
Children’s Online Privacy Protection Act (COPPA), which includes obtaining verifiable parental
consent to your collection and use of data pertaining to children.
This section is included if you allow visitors to the website to create user accounts or profiles.
Those that do so are called “Members.” By creating an account, each Member agrees that all
information submitted when creating an account is true and accurate and promises to update and
maintain the accuracy of this information at all times. Each Member is the sole authorized user of
his or her account and is responsible for keeping passwords and account access information
This section is included if you indicated that visitors can submit content on the site. After
providing a definition of such “User Content,” the section explains that you do not monitor,
support, or endorse the submission or publication of any particular User Content and, therefore,
may not be held responsible for it. You may remove User Content at any time and for any reason,
User Content License
Visitors maintain ownership of all User Content submitted and grant you a license to use,
publish, copy, and modify the content as you choose.
Enforcement of Acceptable Use Policy
You may review and investigate visitors’ use of the site and take any appropriate action against
them that you determine necessary in your sole discretion.
Here, you explain that the site may contain links and advertisements to third-party websites and
services, called “Third-Party Resources.” Visitors agree that Third-Party Resources are not under
your control and that you are not responsible for the content, products, or services they provide.
Modification of Site
In this section, you reserve the right to modify, add to, suspend, or terminate all or part of the site
or its services at any time with or without providing prior notice to visitors.
Support or Maintenance
Here, visitors are told that you are under no obligation to provide customer support or website
Visitors agree not to use the site to gain improper access to restricted parts. If you provide
visitors with account access to areas of the site that are restricted to the general public, such
visitors agree not to share their password and other access information with others.
situations that you may be required to disclose visitor information to others; for instance, to
respond to legal claims or requests for customer service.
Your Rights and Ownership
With the exception of any User Content that may be submitted by visitors, you own all
intellectual property rights to the content on the website. Visitors agree not to sell, copy, or
otherwise misappropriate your intellectual property and to keep all copyrights, trademarks, and
other intellectual property notices on all copies of your content.
This section outlines the process for reporting any allegations of copyright infringement on your
website according to the proper procedure outlined under 17 U.S.C. 512(c) and then designates
your copyright agent responsible for receiving and investigating such notices. This information is
necessary to comply with the safe harbor provisions of the Digital Millennium Copyright Act
These requirements include that you (a) provide notice to your users of your policies regarding
copyright infringement and the consequences of repeated infringing activity, (b) follow the
proper notice and takedown procedures, including removing, or disabling access to, the material,
providing notice to the individual responsible for such material, providing such individual with
an opportunity to provide proper “counter-notice,” and complying with applicable procedures
thereafter, and (c) designate an agent to receive notices of infringement from copyright owners.
Sales, Refund, and Cancellation Policies
If you sell goods or services through your website, then you should outline your sales policy in
this section, including any conditions of sale, return policies, guarantees, payment details, fees,
and shipping terms. Doing so helps avoid potential disputes and lawsuits with aggrieved visitors.
Likewise, you should include any refund and cancellation policies you may have in order to put
visitors on notice and avoid conflicts.
The disclaimers include many of your most important terms and conditions. Among these,
visitors are told that the site is provided on an “as-is” basis, and potential express and implied
warranties are disclaimed in order to prevent visitors from seeking to hold you liable for
promises you do not intend to offer. This also includes disclaimers for any loss or damages that
may occur to visitors’ computers, internet connections, or User Content.
Visitors are told that the content on your website is for informational purposes only and does not
offer any professional advice, including legal, financial, or medical advice.
Limitation of Liability
This is another important section because it limits your potential liability for visitors’ use of the
site to a maximum of the greater of $100 or amounts paid by the visitors in the past six months.
Visitors also agree not to bring any claims personally against any of your subsidiaries, officers,
employees, contractors, agents, affiliates, partners, suppliers, or licensors.
Indemnity and Release
Here, visitors agree to indemnify you against (meaning pay for) any claims by third parties that
result from visitors’ use of the site.
Visitors agree not to pursue any claim or action they may have against you or your affiliates.
Termination and Modification
You may terminate visitors’ access to any part or service on the site at any time in your sole
discretion, without notice.
You may also update these terms at any time. Visitors’ continued use of the site constitutes
acceptance of such updates. You will provide visitors with notice of such updates by any
reasonable means, including by email or posting notice in a prominent place on the site.
Violation of These Terms
You have the right to take any and all appropriate actions you deem necessary should a visitor
breach these terms. This may include suspending, blocking, or terminating their access.
If you choose to include this option, all disputes relating to the site, services, or these terms are
required to be resolved through mandatory binding arbitration administered by the American
Feedback and Complaints
Visitors assign you the right to use and fully exploit all feedback or complaints they submit in
any manner you wish, commercial or otherwise
The last section includes the website operator’s contact information, which is an important
requirement that helps visitors report any violations of your terms that they may witness and to
contact you for help and other matters.