Privacy Policy
Terms of Use

PCA ADVANCED SKIN CARE SYSTEMS (“PCA”) PROVIDES THIS INTERNET WEBSITE (“SITE”) AND RELATED SERVICES TO YOU UNDER THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.

IF THESE TERMS AND CONDITIONS ARE ACCEPTABLE TO YOU, PLEASE CLICK ON THE “I ACCEPT” BELOW.  IF THEY ARE NOT ACCEPTABLE, YOU MAY NOT USE THIS SITE OR ITS RELATED SERVICES.

1. Web Services

PCA reserves the right to modify or discontinue, temporarily or permanently, the Web Site and related services with or without notice to you.  You agree that we shall not be liable to you or any third-party for any damage or loss caused or alleged to be caused by or in connection with the modification or discontinuance of the Site.

This Site may provide links to other websites or resources.  You acknowledge and agree that PCA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

You may wish to create links between the Site and other websites or resources.  You agree to do so only with our advance written permission.

Although we attempt to ensure the integrity and accurateness of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site or its content. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.

1. Propriety Material

This Site contains proprietary material, such as software, photos, video, graphics, music, sounds or other material, as well as trademarks, service marks and trade dress (hereinafter "Proprietary Material").

Except for Proprietary Material falling within the public domain (e.g., where copyright protection has expired), all Proprietary Material contained on the Site is protected by law from unauthorized use.

The entire contents of the Site, including public domain Content, are protected as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of all such content.  These rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

You shall not, for a commercial purpose, upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit, any Proprietary Material obtained through the Site without our express authorization.

Also, the Site and its services are not to be used to upload, post, transmit, reproduce, distribute, or otherwise exploit any material subject to another’s copyright, unless such use occurs with permission from the copyright owner. 

Users who are repeat copyright infringers will have their access to this Site terminated or blocked in appropriate circumstances.

If we become aware of facts or circumstances from which it is apparent that this Site or its services are being used for infringing any material under copyright, we will act expeditiously to remove, or disable access to, the material that is infringing or claimed to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. 

If you have provided us the material which is claimed to be infringing, we will take reasonable steps to promptly notify you that PCA has removed or disabled access to the material. 

If you receive such a notice from us, you may send a written counter notification to our Designated Agent: Legal Department, 8501 N. Scottsdale Rd., Suite 150, Scottsdale, AZ 85253.

The counter notification to our Designated Agent must satisfy all requirements of 17 U.S.C. § 512(g)(3) including, but not limited to, identifying the material that has been removed, or has had its access disabled, and stating that you believe the material was removed or disabled as a result of mistake or misidentification and that you consent to the jurisdiction of the federal court at your address or, if you are outside the U.S., where we are located. 

If you provide us written counter notification meeting all of the requirements set forth in 17 U.S.C. § 512(g)(3), we will provide a copy of your counter notification to the person who notified us of the claimed infringement involving the material you provided to us.  Also, we will inform the person that we will replace the removed material, or cease disabling access to it, in ten (10) business days unless that person first files an action, seeking a court order to restrain you from engaging in infringing activity, and provides notice of that action to us.

1. Trademark Notice

The PCA name and following brand names are trademarks and service marks of Physician’s Choice of Arizona, Inc., d/b/a PCA Advanced Skin Care Systems.

All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

1. Warranty Disclaimer; Limitation of Liability; Indemnification

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ITS SERVICES IS AT YOUR SOLE RISK.  NEITHER PCA ADVANCED SKIN CARE SYSTEMS, ITS SUBSIDIARIES, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT YOUR USE OF THE Site AND ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Site AND ITS SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH them. 

THE Site and its services are PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PCA, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PCA ADVANCED SKIN CARE SYSTEMS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE Site AND ITS SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE Site AND ITS SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE Site AND ITS SERVICES.

The foregoing provisions of this section are for the benefit of Physician’s Choice of Arizona, Inc. d/b/a PCA Advanced Skin Care Systems, its subsidiaries, employees, directors, affiliates, agents, content providers, and licensors, and each shall have the right to assert and enforce the provisions directly on their own behalf.

1. General

This Agreement is entered into in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona, exclusive of its choice of law rules. As a party to this Agreement, you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Maricopa in the State of Arizona, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled.  We may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Terms of Use" before the modification takes effect.

I AGREE ______________