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Term Of Use
PHYSICIANS CARE ALLIANCE (“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 THE TERMS ARE NOT ACCEPTABLE, DO 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.
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. If you believe an inaccuracy exists, please inform us so that it can be investigated, and if necessary, corrected.
2. Medical Disclaimer
The content of this Site, including, but not limited to, such as the text, graphics, images, information obtained from PCA's licensors, and other material contained on this Site are for informational purposes only and are not intended in any way to substitute for professional medical advice, diagnosis, or treatment. Visitors are encouraged to develop a professional relationship with physicians and other medical practitioners and regularly consult with them to seek their advice. Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard on this Site. Visitors should review any information supplied to or on this Site with their own medical professional. Since no physician-patient relationship exists between you and PCA, please do not share personal medical information with us that you wish to keep confidential. Information you provide is not protected under confidentiality laws that protect physician-patient communications. Please carefully select what you choose to disclose.
This Site may provide links to other Web sites 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.
4. Property Material
This Site contains proprietary material, such as software, photos, video, graphics, music, sounds or other material, text 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. All comments, ideas, suggestions, feedback and other submissions, disclosed, submitted or offered to PCA in connection with your use of this Web site will be the exclusive property of PCA. PCA has no obligation to compensate you in any way or to attribute any comment, idea, suggestions or submission to you.
You shall not, for any public or commercial purpose, upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit, modify, display, or reprint any Proprietary Material obtained through the Site without our express authorization. Visitors may only use the Proprietary Materials for personal and no-commercial use.
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. Visitors who are repeat copyright infringers will have their access to this Site terminated or blocked in appropriate circumstances.
Visitors 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 that 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, 6210 Thomas Road, Ste. 200, Scottsdale, AZ 85251.
Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to PCA’s Designated Agent listed below. For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Site;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PCA’s Designated Agent is:
Chief Operating Officer
6210 E. Thomas Road
Scottsdale, AZ 85251
5. Trademark Notice
The following is a non-exclusive list of the trademarks and service marks of Physicians Care Alliance, LLC, d/b/a PCA SKIN:
there’s science behind it™
Smoothing Body Peel™
Ultra Peel Forte®
Dry Skin Relief Bar®
A&C Synergy Serum®
These marks may not be used without PCA's written consent. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
6. Privacy and Data Collection
7. License and Site Access
PCA grants you a limited license to access and make personal and non-commercial use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PCA. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PCA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PCA without express written consent. You may not use any meta tags or any other "hidden text" utilizing PCA's name or trademarks without the express written consent of PCA. Any unauthorized use terminates the permission or license granted by PCA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of pcaskin.com so long as the link does not portray PCA, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PCA logo or other proprietary graphic or trademark as part of the link without express written permission.
8. Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ITS SERVICES IS AT YOUR SOLE RISK. NEITHER PHYSICIAN’S CARE ALLIANCE, LLC d/b/a PCA SKIN, ITS SUBSIDIARIES, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT AND SERVICE 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 PHYSICIANS CARE ALLIANCE, LLC 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 Physicians Care Alliance, LLC d/b/a PCA SKIN, 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.
9. On-line Conduct
The User agrees to use this Site only for lawful purposes. Unacceptable uses of the Site include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Site or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by PCA to be in conflict with the spirit intent of this Site.
14. Equitable Remedies
15. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise you that the PCA’s products and services are provided by PCA, 6210 Thomas Road, Ste. 200, Scottsdale, AZ 85251 Phone: 480-946-7221 and that fees may be charged in connection with those products and services; PCA reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to you. If you have a complaint regarding the PCA or desire further information on use of the PCA products or its services, please contact firstname.lastname@example.org.
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.
18. International Users
This Site can be accessed from locations around the world. PCA makes no representations that this Site is appropriate for use at other locations outside the United States. Access to this Site from locations where this Site is illegal is prohibited. If you access this Site from a location outside the United States, you are responsible for compliance with all local and/or international laws.
19. Statute of Limitations
THE SECTION TITLES IN THE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.