Vanity Skin Consultation Agreement and Disclaimers
Before you may participate in the Vanity Skin Consultation you must provide certain information and agree to certain terms that govern the consultation. You understand that the Vanity Skin Consultation is being provided to by Goodderm, Inc. (“Us” or “We”) and that your consultation will take place with Dr. Heidi Goodarzi. You agree that in exchange for execution of this agreement, and for the amount that you agreed to pay, you will receive a skin consultation with Dr. Goodarzi that will last between 45 and 60 minutes.
In order to participate in the Vanity Skin Consultation you must read and agree to each of the below paragraphs. You can indicate your agreement by clicking the box next to each section.
Dr. Goodarzi will be providing you with a product evaluation and her recommendations only. Dr. Goodarzi will not be providing any medical evaluation or analysis. While Dr. Goodarzi is a medical doctor she is not providing this consultation as your physician and there is no doctor/patient relationship created. Instead, Dr. Goodarzi is consulting with you regarding products only. Dr. Goodarzi will not be analyzing my skin or making any other medical evaluations or diagnosis in her capacity as a doctor.
The consultation will take place over the telephone or via video conference. Dr. Goodarzi will not be evaluating your skin as part of this consultation if the consultation is done via video. Instead, video is simply a form of communication and all evaluation and recommendations made by Dr. Goodarzi will be as a result of the verbal discussion between you and Dr. Goodarzi only. Dr. Goodarzi will not take into account any visual inspection of your skin from the video for any reason.
The content of the consultation is not intended to be medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. 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 something you have been told in your consultation. If you think you may have a medical emergency, call your doctor, go to the emergency room, or call 911 immediately.
ESIGN and UETA Disclaimer
You agree and consent to receive electronically all communications, agreements, notices, documents and disclosures relating to the consultation and this agreement. This agreement is in original format an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations, and the one, true original agreement is retained electronically by Us. All other versions hereof, whether electronic or in tangible format, constitute facsimiles or reproductions only. I understand that I have consented to receive all communications from Us, including but not limited to all required disclosures, electronically.
You agree and understand that in order to access and retain electronic copies of this agreement and any other documents, you need the following computer hardware and software: a computer with an Internet connection, current web browser that includes 128-bit encryption with cookies enabled, a current version of Adobe Acrobat Reader to open documents in pdf format, a valid email address, and sufficient storage space to save documents or an installed printer to print them.
You agree and understand that you may withdraw your consent at any time. To withdraw consent, you may send a written request (a) by regular mail to [enter address here] or (b) by email to [insert email address here.] If consent is withdrawn, We reserve the right to discontinue your access to the consultation, terminate any and all agreements with you, and/or charge you additional fees for paper copies.
If, after you consent to receive documents electronically, you would like a paper copy of a documents previously sent to you, you may request a copy of any document within 180 days of the date the document was provided to you. We will send you a paper copy by US mail at the address provided by you or at the last known address for you.
We may monitor or record the consultation call(s) or videoconference between us for quality assurance purposes. You expressly consent to have your consultations monitored or recorded.
You agree that We can contact you using any telephone number(s) that you have provided Us, that you provide to Us in the future, or that We get from another source, even if the number is for a mobile telephone and/or our using the number results in charges to you by your mobile service provider. You also agree that We may leave an autodialed or prerecorded message or use other technology to make that contact. You further agree that if you gave Us a mobile phone number, or if you later gave Us a mobile phone number, or if We get a mobile phone number for you from another source, We may contact you by text message on that mobile phone regarding your account, notwithstanding the fact that there is a possibility that a third party may see our text message to you, and you represent that any mobile phone number you gave Us or will give Us is your mobile phone number alone. You may cancel this consent by providing us with notice in writing.
I agree that this agreement shall be construed, enforced and governed by the laws of the State of California.
In connection with this Agreement you will obtain information from Us that is proprietary or confidential (“Confidential Information”). Confidential Information includes advice and recommendations given by Us or Dr. Goodarzi orally or in writing. Confidential Information does not include information (i) in the public domain through no act or omission of the receiving party hereunder, (ii) which was independently developed by you, (iii) which was previously known by you without an obligation of confidentiality, or (iv) which was acquired from a third party who was not subject to a confidentiality obligation. You shall keep in strictest confidence the Confidential Information and shall not use or reproduce such Confidential Information except as agreed to in writing by Us.
Waiver of Jury Trial and Arbitration
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY.
This agreement will be governed by the laws of the State of California except to the extent governed by federal law. This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 ("FAA").
Arbitration is a process in which persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral third person (an "arbitrator") for a decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision. We have a policy of arbitrating all disputes with customers, including the scope and validity of this Arbitration Provision and any right you may have to participate in an alleged class action. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Waiver of Jury Trial and Arbitration Provision, the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to the agreement, the information you gave us before entering into this agreement; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal constitution, statute or regulation; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as "Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you.
You acknowledge and agree that by entering into this Arbitration Provision:
(a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
(c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
All disputes including any Representative Claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association http://www.adr.org or JAMS (1-800-352-5267Call: 1-800-352-5267) http://www.jamsadr.com. The parties may also agree to select an arbitrator who resides within your federal judicial district who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association, and arbitrate in accordance with such arbitrator's rules. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision to select an arbitration organization. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above.
Regardless of who demands arbitration, at your request we will pay your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorneys' fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the FAA, and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorneys' fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, we will reimburse you for any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may be filed with any court having jurisdiction.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of California.
This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect.
You may choose to opt out of the Arbitration Provision, but only by following the process set-forth below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in writing within sixty (60) calendar days of the date of this Note at the following address: Arbitration Opt-Out, Goodderm, Inc. 366 San Miguel, Suite 201, Newport Beach, CA. Your written notice must include your name, address, description of the date, time and order number for the services and a statement that you wish to opt out of this Arbitration Provision.
BY CLICKING THE CHECK BUTTON I AGREE TO THE ABOVE DISCLAIMERS AND WISH TO CONTINUE TO SET UP MY CONSULTATION.