TERMS AND CONDITIONS
Effective Date: November 1, 2021
These Terms and Conditions (“Terms and Conditions”) form a legal agreement between Self Therapeutics, LLC, a Delaware limited liability company, and you, the individual (“you” and “your”), concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms and Conditions and the Notice of Privacy Practices.
Self Therapeutics, LLC, on its own behalf and on behalf of its affiliates and/or wholly-owned subsidiaries (collectively referred to as “Self Therapeutics”, “we”, “us”, or “our”), makes certain telehealth related information available to you and/or facilitates your access to telehealth and expert medical services, and allows you to purchase beauty and skincare products (“Mirror Care Services”). Self Therapeutics owns and operates (i) various publicly available websites, including without limitation, https://mirror.care, https://store.mirror.care (collectively, “Websites”), and (ii) various web-based and mobile applications that require you to create an account in order to use a Mirror Care Service (collectively, “Platforms”).
Please read these terms carefully before you use or access the Websites and/or Platforms, or otherwise participate in Mirror Care Services. By using the Websites and/or the Platforms, you expressly agree to these Terms and Conditions. These Terms and Conditions apply to anyone using or accessing the Website and/or Platform, including casual visitors to the Websites and/or Platforms that do not register an account, and users who have registered with Self Therapeutics to use the Websites, Platforms, and Mirror Care Services. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all of the Websites and Platforms. Please print a copy of these Terms and Conditions for your records.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
ACCESS TO THE PLATFORMS
You may access and use the Platforms and member-only portions of the Websites via remote access connectivity. Self Therapeutics grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platforms and member-only portions of the Websites in accordance with these Terms and Conditions. In order to use the Platforms and member-only portions of the Websites, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access the Platforms and member-only portions of the Websites and you must not disclose this information to anyone. You must immediately notify Self Therapeutics of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms or member-only portions of the Websites by email to support@mirror.care.
Some Mirror Care Services offered on the Websites, specifically the purchase of beauty and skincare products, are available to you through a guest checkout process. This guest checkout process still requires you to provide required information during the checkout process, including, but not limited to, your name, email, billing address, shipping, address, and payment information. Use of the guest checkout process still constitutes your acceptance of the entirety of these Terms and Conditions.
SELF THERAPEUTICS’ ROLE
Your treatment, consultation, and related medical services will be performed by physicians or other qualified and licensed medical professional professionals (“Providers”) using the Website and/or Platforms, which are provided and maintained by Self Therapeutics. The Platforms, Websites, and related systems, processes and procedures, may enable you, through the use of telehealth methods and technologies, to self-administer medications and devices and to perform self-treatment of medical and cosmetic procedures under the supervision and guidance of a Provider.
Self Therapeutics is not an insurance provider.
The treatment, consultation, and related medical services made available through the Platforms and/or Websites are performed by Providers within their medical practices that are independent of Self Therapeutics. Self Therapeutics maintains and services the Websites, including https://mirror.care, makes the Platform available to you and the Provider caring for you, facilitates access to telehealth and the medical services of Providers, and provides supplies and logistical and administrative support. Self Therapeutics does not engage in the practice of medicine or provide medical services, and does not employ or control the services of Providers who provide services through the Platforms or Websites. Your Provider is solely responsible for the treatment and quality of the care that they provide for you. Self Therapeutics is not responsible for any Provider’s acts, omissions or communications. Medications and syringes are provided by your Provider, or pharmacy of your choosing, as ordered, prescribed, and directed by your Provider.
YOUR REPRESENTATIONS AND WARRANTIES
By registering and creating an account on the Websites and/or Platforms, you represent and warrant the following:
- you are at least eighteen (18) years of age,
- you have the legal ability and authority to enter into these Terms and Conditions with Self Therapeutics,
- the information you have provided to Self Therapeutics in your registration is accurate and complete,
- you are not a competitor of Self Therapeutics or any service offered by Self Therapeutics,
- you will comply with any and all laws applicable to your use of the Websites, Platforms, and Mirror Care Services,
- you will not interfere with a third party’s use and enjoyment of the Websites, Platforms, and Mirror Care Services
- you will not interfere with or disrupt Self Therapeutics’ or its vendors’ security measures,
- you will not violate any rights of Self Therapeutics, including, but not limited to, intellectual property rights such as copyright or trademark rights,
- if any information you provide to Self Therapeutics becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Self Therapeutics,
- you acknowledge that access to the healthcare services provided through the Platforms are not “insured services” under any provincial health plans,
- you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Self Therapeutics or its representatives that such healthcare services will be made available to you, and
- you are accessing the Websites, Platforms, and Mirror Care Services for yourself, and only yourself, and that you will not share, disclose, or permit access to or otherwise facilitate access to your account and login information, for any reason.
PROHIBITED USES
In using the Websites and Platforms, you agree not to:
- Send or otherwise transmit to or through the Websites and Platforms any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Misrepresent your identity or affiliation in any way;
- Use your account and login information, including username and passwords, to permit multiple persons access to the Websites, Platforms or Mirror Care Services, especially through a local or wide area network;
- Restrict or inhibit any person from using the Websites, Platforms or Mirror Care Services, disclose personal information obtained from the Websites and Platforms, or collect information about users of the Websites and Platforms;
- Reverse engineer, disassemble, or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing;
- Gain unauthorized access to the Websites, Platforms or Mirror Care Services, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites and Platforms;
- Launch or use any computer code, data mining software, or automated system, device, program, algorithm or methodology, including without limitation, “robots,” “bots,” “spiders,” “scrapers,” or “offline readers,” or any manual process, to monitor or copy the Websites or Platforms or data or content found on or accessed through the Websites or Platforms, or to access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Send or otherwise transmit to or through the Websites and Platforms chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
- Post, transmit, or otherwise make available on the Websites and Platforms any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations in any way;
- Alter or modify any part of the content or services offered on or through the Websites and Platforms;
- Allow any other person to use the Platforms or member-only portions of the Websites with your registration or login information;
- Breach or otherwise circumvent Self Therapeutics’ security or authentication measures;
- Use any medications prescribed by and distributed to you by your Provider via Self Therapeutics outside of the direct supervision and observation of your Provider via the Websites or Platforms, or in any manner other than the method described, while the Provider is present and observing you;
- Provide any prescription medications, syringes, or other items distributed to you by your Provider via Self Therapeutics to any other persons;
- Use syringes or any other items included in the treatment kit out of the direct supervision and observation of your Provider via the Websites or Platforms, or in a manner other than described and directed by your Provider; and
- Assist or permit any persons in engaging in any of the activities described above.
TERMINATION
INTELLECTUAL PROPERTY RIGHTS AND CONTENT
Self Therapeutics is the sole and exclusive provider of the Mirror Care Services and sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Mirror Care Services, Websites and Platforms and any related content, materials and documentation.
All of the content you see and hear on or provided to you via the Mirror Care Services, Websites and Platforms, including without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively, the “Content”), are subject to or are owned by or licensed to Self Therapeutics or one of its affiliates, subsidiaries or distributors. The entire Content in each of the Websites and Platforms is respectively copyrighted as a collective work under U.S. and international copyright laws, and Self Therapeutics owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of the Websites and Platforms, and the Websites and Platforms each as a whole, is intended solely for commercial use. You may download, print and store selected portions of the Content, where permitted, provided you (1) only use these copies of the Content for commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title, interest or ownership in or of the Content, Websites and Platforms or any portion thereof is transferred to you hereunder, including in downloaded Content as described herein. Mirror Care reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content, Websites or Platforms without first obtaining written permission from Self Therapeutics.
Self Therapeutics owns trademarks and service marks that are used in connection with its provision of the Mirror Care Services and ownership and operation of the Websites and Platforms, including but not limited to, Mirror Care™. You may not use Self Therapeutics’ trademarks, service marks and trade dress in connection with any product or service without the express permission of Self Therapeutics. Any other trademarks not owned by Self Therapeutics or its affiliates that appear on the Websites or Platforms are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Self Therapeutics or its affiliates.
You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other “hidden text” utilizing any such trademarks, trade names or service marks, without the express prior written permission of Self Therapeutics or the owner of such trademarks, trade names or service marks.
PRESCRIPTIONS
SALE OF PRODUCTS
Should you place any order for a beauty or skincare product through the Websites, such order is subject to these Terms and Conditions and any additional terms (if any) expressly set forth on the listing for each beauty or skincare product, including all complimentary samples of said beauty or skincare products.
Self Therapeutics, LLC collects state sales tax for purchases of beauty and skincare products made on the Websites. You are responsible for the payment of any use, sales, consumption, excise, value-added tax (VAT), or other taxes (including taxes measured by receipts from any transaction) imposed by any taxing authority and required to be paid or collected by Self Therapeutics, LLC or you as a result of transactions completed using the Websites or Mirror Care Services. Self Therapeutics, LLC may withhold any such taxes assessed in any transaction; however, even if Self Therapeutics, LLC does not withhold and pay such taxes, you remain responsible for any taxes that may be assessed by any governmental authority.
Risk of loss of or damage to any beauty or skincare products purchased passes to you upon delivery to the carrier.
Self Therapeutics, LLC attempts to accurately describe and display the beauty and skincare products on the Websites; however, Self Therapeutics, LLC does not warrant that beauty or skincare product descriptions, or other Content is accurate, current, complete, reliable, or without error.
Please consult with your physician or healthcare practitioner regarding the use of any beauty or skincare products before using or relying on them. Your physician or healthcare practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. You agree to use all beauty and skincare products in strict accordance with their instructions, precautions, and guidelines. You also agree to check the ingredients for beauty and skincare products to avoid potential allergic reactions, and to not purchase any beauty or skincare products if an allergic reaction is possible.
PAYMENTS AND SUBSCRIPTIONS
For some Mirror Care Services, you may have the option to purchase a subscription. Should you purchase a subscription to a Mirror Care Service, you understand and agree that your subscription is continuous and automatically renewed at the end of the subscription period (e.g., monthly). To cancel your subscription, a request in writing must be made to support@mirror.care. Should you cancel your subscription in the middle of a subscription period, the full subscription price for that period will not be refunded; however, the subsequent subscription period will not be renewed, and you will not have access to certain Mirror Care Services. Any outstanding balances related to prescription products or supplements from a pharmacy or external vendor will be immediately charged to your retained payment method. You may restart your subscription at any time.
Self Therapeutics may, from time to time, adjust the subscription price for any Mirror Care Service. These adjustments will be communicated to you prior to renewal of a subscription period, and typically when meeting with a Provider. By continuing to use Mirror Care Services, you accept and agree to any price adjustments. You have the right to cancel your subscription prior to a price adjustment by emailing support@mirror.care.
Self Therapeutics collects any amounts charged by a pharmacy, or other external vendor, on your behalf and pays said party for their actual charges. If you choose to purchase a subscription, your subscription pricing and actual charges will include these amounts and pricing for Mirror Care Services. Your payment will be charged to the credit or debit card you submit, and you agree that this payment method may be stored, and automatically used, by Self Therapeutics, Mirror Care, or its payment processor, for any of your payment responsibilities.
You agree and consent that all payment information including, but not limited to, credit or debit card data supplied by you, is true and accurate. You agree to pay the charges incurred by you in the amounts posted, and not to dispute charges from Mirror Care with Self Therapeutics’ payment processor. Furthermore, you acknowledge and consent that you are the individual in whose name the credit or debit card was issued, and you are authorized to make a payment, including automatic subscriptions, using said credit or debit card, for Mirror Care Services.
SUBMISSIONS
EXTERNAL LINKS
NO ENDORSEMENTS
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to defend, indemnify, and hold Self Therapeutics, its officers, managers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Self Therapeutics Party and collectively Self Therapeutics Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; (c) provision of or other disclosure to Self Therapeutics of any other information or data and the use of same by Self Therapeutics or other Mirror Care Party as contemplated hereunder; and (d) violation of any applicable federal, state and local laws, and rules and regulations.
IN NO EVENT SHALL SELF THERAPEUTICS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Self Therapeutics shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Self Therapeutics’ reasonable control, including, but not limited to, mechanical, electronic, communications failure or degradation, or your or the Provider’s poor/faulty Internet connection.
The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable under the circumstances.
Without limiting any of the other risks we have disclosed to you in these Terms and Conditions, you are solely responsible for your use of and risk to using the Platforms, Websites, and Mirror Care Services, including, but not limited to, the risks associated with self-administration of medications and devices, and performing self-treatment of medical and cosmetic procedures under the supervision and guidance of a Provider, risks and side effects of drugs and medications prescribed by your Provider, and risks associated with the use of telehealth services. Furthermore, the Consumer Informed Consent will be made available and must be electronically signed by you prior to engaging in any treatments as a part of Mirror Care Services. You acknowledge, as part of these Terms and Conditions, that you will review and electronically sign the Consumer Informed Consent prior to any treatment with a Provider, and will not participate in any treatment without electronically signing the Consumer Informed Consent.
DISCLAIMER OF WARRANTIES
The Websites and Platforms are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law. SELF THERAPEUTICS disclaims all representations, warranties, and conditions, expressed or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. SELF THERAPEUTICS does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected or that the Websites and Platforms or the server that makes it available are free of viruses or other harmful components.
SELF THERAPEUTICS makes no guarantees, and disclaims any implied warranty or representation about THE accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the WebsiteS and Platforms for a particular purpose. SELF THERAPEUTICS assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites and/or Platforms.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
ADULT USAGE
The Websites, Platforms and Mirror Care Services are not intended for individuals under the age of eighteen (18). If you are under eighteen (18) years of age you are prohibited from using or accessing the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of eighteen (18). Mirror Care does not seek through the Websites or Platforms to gather personal information from or about persons under the age of eighteen (18).
TEXT MESSAGING
The Platforms, Websites and Mirror Care Services may enable text message communication between you and Self Therapeutics staff or the staff of its affiliates. Text messaging may be used to assist you with the Mirror Care Services, including, but not limited to, consultation and/or treatment reminders, training reminders, pre-treatment instructions, shipping status, and any issues with upcoming consultation and/or treatment sessions. Consent to receive text messages is not required as a condition of registering for or using the Platforms, Websites, or Mirror Care Services. Your mobile operator may charge message and/or data rates, and your mobile operator may not allow you to participate in receiving text messages. Self Therapeutics is not liable for delayed or undelivered text messages.
RETURNING TREATMENT KIT
The Mirror Care Services enables you, pending your agreement to obtain treatment and your Provider’s approval, to receive a treatment kit containing the items necessary to perform your treatment. You consent to return this treatment kit to Self Therapeutics with the used items, including but not limited to, syringes, syringe cases, and gel packs (i.e., cold temperature control packs), within fifteen (15) days of completing your treatment, using the return shipping label provided by your Provider.
CHOICE OF LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of Illinois. The parties irrevocably submit to the exclusive jurisdiction of the state or federal courts located in Chicago, Illinois in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction, improper venue, or forum non conveniens in that jurisdiction, except that Self Therapeutics may elect, in its own discretion, to litigation the action in the county or state where any breach by you occurred or where you can be found. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
PERSONAL INFORMATION AND PRIVACY POLICY
In these Terms and Conditions, “Personal Information” means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and Platforms and any other information that identifies who you are. Personal Information will be used by Self Therapeutics solely in accordance with these Terms and Conditions, Self Therapeutics Privacy Policy and Self Therapeutics’ Notice of Privacy Practices (or as otherwise agreed upon between you and Self Therapeutics in writing).
You agree that Self Therapeutics has the right to monitor and review your use of the Websites and Platforms from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Self Therapeutics Privacy Policy. Additionally, you understand and agree that Self Therapeutics will record all video conferencing sessions that occur on the Websites and Platforms.
NO WAIVER
No delay or omission by Self Therapeutics to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. No provision of these Terms and Conditions will be deemed waived by Self Therapeutics unless expressly waived in writing and signed by an authorized representative of Self Therapeutics.
RELATIONSHIP OF THE PARTIES
Nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between you and Self Therapeutics and you shall not have the authority to bind Self Therapeutics in any respect.
ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and Self Therapeutics as it relates to the access to, and use of, the Websites, Platforms and Mirror Care Services and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Self Therapeutics and you.
ELECTRONIC DOCUMENTS
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ASSIGNMENT
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Self Therapeutics’ prior written consent. Self Therapeutics may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
LANGUAGE
English shall be the language of these Terms and Conditions and the parties waive any right to use and rely upon any other language or translations.
CONTACT / NOTICES
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Self Therapeutics under the Terms and Conditions, please contact Self Therapeutics using the following contact details:
Self Therapeutics, LLC
Mirror Care Privacy Officer
17W535 Butterfield Road, Suite 001
Oakbrook Terrace, IL 60181
support@mirror.care
Self Therapeutics may provide notices or communications to you on the Websites and/or Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
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