Supplemental terms and conditions or documents that may be posted on this Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications of these Terms at any time and for any reason. It is your responsibility to periodically review these Terms and stay informed of updates.
You agree that by using this Site, you are at least 18 years of age. All minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use this Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using this Site.
We reserve the right to change the terms, conditions and notices under which this Site is made available for you. It is your responsibility to review these Terms periodically. We may revise these Terms at any time without notice to you.
Personal And Non-Commercial Use
We hereby grant you a limited license to access and use the Site for your personal use. Users of the website are hereby also granted a limited license to share and link to product pages via their social media accounts. The foregoing licenses do not permit any resale or non-personal use of the Site or its contents, any collection and use of any product listings or descriptions; 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 data gathering and extraction tools.
Except as permitted above, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site without express written consent of Jennifer L. Walden, M.D., PLLC. You may download portions of the Site for your own lawful noncommercial use or to place an order for our products. Any other use of the materials on this Site, including but not limited to the modification, reproduction, distribution, replication, display or transmission is strictly prohibited. Any unlawful use of the materials on this Site is strictly prohibited and terminates the permission or license granted by Jennifer L. Walden, M.D., PLLC.
We reserve the right to, in our sole discretion and without notice or liability, refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violates these Terms, our rights, or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We may terminate your participate in this Site or delete your account and any content or information that you posted in the Site at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.
Registration and Accounts
At this time, we do not require you to register to use our Site or set up an account to buy products. You may register for an account with our website by submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorized use of your account. You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
You are solely responsible for protecting the security and confidentiality of your password and identification. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such failure.
Billing and Payments
For your convenience, we will save your bank or credit card information.
You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, Client Services may contact you directly to update your account information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
If you are dissatisfied with your purchase, you may return any items from your order within thirty (30) days of the original purchase date. The customer is responsible for shipping the purchase back to Jennifer L. Walden, M.D., PLLC. If you are dissatisfied with any of our products in any way, please contact us at [email protected] or call our support at 512.328.4100.
In the event a product is listed at an incorrect price or within correct information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, 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. In the event that 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 at the time 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.
We may send you marketing emails and notifications on your mobile device promoting our products, special offers (including third party offers) or our monthly newsletter. When you register as a Wholesaler on the Site or first log onto the Site or transact on the site we will retain your email address for future communication, including but not limited to, marketing materials, promotional emails and notifications etc. You have the opportunity to opt-out of these communications at anytime by clicking the unsubscribe link at the bottom of any email sent by us, or by emailing us at [email protected].
Disclaimer of Warranties
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS INCLUDED IN THIS SITE ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. JENNIFER L. WALDEN, M.D., PLLC, DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JENNIFER L. WALDEN, M.D., PLLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
Third-Party Site and Link Disclaimer
Links to third party websites on this site are provided solely as a convenience to you. If you use these links you will leave this Site. Jennifer L. Walden, M.D., PLLC has no responsibility for or control over the content of those link or the information that may appear on those sites. Links are used at the your own risk.
You agree to defend, indemnify and hold Jennifer L. Walden, M.D, PLLC, our officers, directors, employees, contractors and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site, including negligent and wrongful conduct, use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you or any other person accessing the Site using your account take that imposes an unreasonable burden or load on our infrastructure.
Copyright and Trademark
All content is protected by United States and international copyright and trademark laws. Jennifer L. Walden, M.D., PLLC hereby reserves any and all intellectual property rights in the Site.
Notice Regarding Medical Advice
NEITHER THIS SITE NOR OUR ASSOCIATED SOCIAL MEDIA SITES AND/OR BLOG PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THIS SITE IS NOT, AND IS NOT INTENDED TO BE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ADVICE RECEIVED VIA THIS SITE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFET YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Any dispute or claim relating in any way to your use of any Jennifer L. Walden, M.D., PLLC services, or to any products or services sold or distributed by Jennifer L. Walden, M.D., PLLC or through https://www.skintologyny.com/ will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal and federal arbitration law apply to this agreement. You agree that, by accessing and using this Site, you and we are each agreeing to final and binding arbitration, and are each waiving the right to a trial by jury or to participate in a class action.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin and arbitration proceeding, you must send a notice letter requesting arbitration and describing your claim to Jennifer L. Walden, M.D., PLLC, 5656 Bee Caves Road, Suite E201, Austin, Texas 78746. If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or Jennifer L. Walden, M.D., PLLC may commence an arbitration proceeding.
The arbitration shall be commenced and conducted under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, available at www.adr.org. The arbitrator shall be bound by these Terms. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Jennifer L. Walden, M.D., PLLC. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Travis County, Texas, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Any demand for arbitration under this Agreement must be made before the statute of limitations applicable to such a claim has run.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential.
Term and Termination
These Terms shall remain in full force and effect while you access this Site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms.
Jennifer L. Walden, M.D., PLLC reserves the right to close customer, wholesaler or other accounts and request alternative forms of payment if a fraudulently obtained credit card is used to make purchases on the Site.
Jennifer L. Walden, M.D., PLLC is not responsible for any injury or damage that may result from the purchase of its products through distributors or retailers who are not authorized distributors or retailers of Jennifer L. Walden, M.D., PLLC products. Jennifer L. Walden, M.D., PLLC is not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been discontinued.