WEBSITE TERMS OF USE

MesoME and theVirtualMedSpa are brands owned by Think Skin, LLC (“MesoME”).  Use of this website (and other websites owned by Think Skin LLC, including www.theBrightenBar.com, www.thinkmesome.com and www.avirtualmedspa.com (“Website”, “this website”) and any content herein are subject to these terms of use (“Terms” or “Terms of Use”).  These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before using this website. By using this website, you acknowledge and agree that you have read, accepted, and agree to be legally bound by all of these Terms of Use and the Privacy Policy. If you do not accept these Terms, do not use the website. MesoME may modify all or any part of these Terms from time to time without notice to you; you should check back often so you are aware of your current rights and responsibilities. Your continued use of this website after changes to the Terms have been published constitutes your binding acceptance of the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of this website. These Terms do not alter the terms or conditions of any other agreement you may have with MesoME for specific MesoME products or services.

PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit use of this website to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of us.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our content will be corrected.  All purchases or use of MesoME Self-Treatment Kits, products, and any services including Consultations, will be subject the then-current SELF-TREATMENT KIT PURCHASE TERMS & SELF TREATMENT DISCLAIMER FORM as such form is updated from time to time.

If you are using this website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and MesoME for violations of these Terms. Nothing in these Terms will be deemed to confer any third-party rights or benefits.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on this website are the property of MesoME or other third parties. You are not permitted to use these Marks without the prior written consent of MesoME or such third party which may own the Mark(s).

Copyrights

MesoME either owns the intellectual property rights in the HTML, text, images audio, video, software, or other content that is made available on this website, or has obtained the permission of the owner of the intellectual property to make it available on this website. MesoME strictly prohibits the redistribution or copying of any part of this website or content on this website without written permission from MesoME. MesoME authorizes you to display on your computer, download and print pages from this website provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational, and non-commercial use, and (d) you do not redistribute or copy the information to any other media. MesoME respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement, as set forth below.

Software Use

Any software or services (collectively, “Software”) that is made available to you to download or accessible from this website is the copyrighted work of MesoME and/or third parties. Your access and use of the Software is governed by the terms of the applicable terms of use or license agreement which accompanies or is included with the Software (“License Agreement”) and these Terms. You will not download, install, use, or access any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.

Submission of Ideas

MesoME or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send MesoME any original creative artwork, samples, demos, or other works. The purpose of this policy is to avoid potential confusion, misunderstandings, or disputes when MesoME products or marketing strategies might seem similar to ideas submitted to MesoME. If despite the request that you not send us any ideas or materials, you still send them, you acknowledge that MesoME makes no assurance that your ideas or materials will be treated as confidential or proprietary.

Linking

This website may contain links to other websites, social media sites (for example, through facebook, Instagram, twitter, linkedin, tiktok and other similar platforms), and resources which are provided for convenience only. MesoME may not have reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by MesoME of the website or their entities, products, or services.

Rules of Conduct

Your use of this website is subject to all applicable local, state, national and international laws, and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. MesoME reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through this website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this website or using the Software that restricts or inhibits any other user from using or enjoying this website or the Software by “hacking”, “cracking”, “spoofing”, or defacing any portions of this website or the Software. You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with MesoME and/or this website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent.

User Name

If you are subscribing to any MesoME service or list via this website that requires use of a user name and password, you agree to select a user name and password and (i) to provide MesoME with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; (iii) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of this agreement, which may result in immediate termination of your right to access this website.  You may not select a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. MesoME reserves the right to reject any user name in our sole discretion.

You agree not to sell or transfer your use of or access to this website or permit anyone else whose account was suspended or terminated to use this website through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify MesoME of any unauthorized use of your account or any other breach of security. MesoME will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.

Monitoring

MesoME has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms of Use and any other operating rules established by MesoME. MesoME has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree that MesoME does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website.

Rights in Content

By displaying, publishing, and making available for download and use by others any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (“Content”) you give MesoME a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content which you submit, post, or display on or through the web site. You agree that this license includes a right for MesoME to make such Content available to other companies, organizations, or individuals with whom MesoME has relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that MesoME may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit MesoME to take these actions. You confirm and warrant to MesoME that you have all the rights, power, and authority necessary to grant the above license.

Global Availability

MesoME controls this website from its USA office; other MesoME sites may be administered and operated from various locations inside and outside the United States. If you use this website from other locations you are responsible for compliance with applicable local laws. MesoME makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services are not now, and may not later, be available worldwide.

Export Control

Software and materials downloaded from this website is subject to applicable export laws and regulations, including, but not limited to, the U.S. Export Administration Regulations. The export or reexport of software in violation of the foregoing laws and regulations is strictly prohibited. By downloading, or using any Software from this website, you acknowledge that you have read and understood this notice and agree to comply with all applicable export laws and regulations as further detailed in the applicable license agreement.

U.S. Government Commercial License Rights

Any Software downloaded from this website is deemed to be commercial computer software as defined in FAR 12.212. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of the applicable License Agreement, and except as otherwise explicitly stated in the License Agreement, all provisions of the License Agreement shall apply to the U.S. Government.

Indemnification

Any person or corporation submitting content to this website agrees to defend, indemnify and hold MesoME, including Think Skin LLC, and their subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by MesoME prior to publishing on the website.

Disclaimer

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. MESOME MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. MESOME DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MESOME MAKES NO WARRANTY THAT, (I) ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH ANY SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY MESOME AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MESOME IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF MESOME HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. NOTWITHSTANDING ANY OTHER CLAUSE IN THIS AGREEMENT, MESOME’S TOTAL AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR OTHERWISE, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY MESOME IN AN AMOUNT NOT TO EXCEED FIFTY DOLLARS (US $50.00). THE PROVISIONS OF THIS SECTION ALLOCATE RISKS UNDER THESE TERMS OF USE BETWEEN MESOME AND YOU. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Privacy

See the MesoME Privacy Notice.

Jurisdiction

This agreement and all claims relating to the relationship between the parties are governed by the Federal laws and the laws of the State of Pennsylvania, U.S.A. without regard to choice of law provisions. Each party agrees that any claim or cause of action arising under or relating to this Agreement will be brought in a court of competent jurisdiction located in Delaware County, Pennsylvania, and each party irrevocably consents to such personal jurisdiction and waives all objections thereto. If one or more of the provisions contained in this Agreement is held invalid, illegal, or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Notice and Procedure for Making Claims of Copyright Infringement

Please report any claims of infringement committed using this website in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf.

UPDATES  These Terms may change from time to time and all updates will be posted on this page.  Effective: October 31, 2021

mesome – privacy policy and use of user information

This privacy policy discloses the privacy practices for (www.thevirtualmedspa.com). This privacy policy applies solely to information collected by this web site and via our forms and questionnaires relating to the MesoME Self-Treatment Kits and associated Consultations, products and related services associated. It will notify you of the following:

1. What personally identifiable information (“PIH”) is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Our website uses cookies. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

INFORMATION COLLECTION, USE, AND SHARING

We are the sole owners of the information collected on this site.

We may collect, store and use the following kinds of personal information:

1. information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation
   
   
2. information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;

• information that you provide to us for the purpose of registering with us;

• information that you provide to us for the purpose of subscribing to our website services, downloading articles, email notifications and/or newsletters

• information, including your medical history and/or medical data (“MData”), you provide in connection with the provision of Recommendations (as further defined below) and written, or video/ phone (“Consultations”).  For example, we may use your past medical information in order to discuss your present condition or we may provide PIH and/or MData to our clinicians and aestheticians with whom we may be discussing Recommendations or in order to provide Virtual Consultations.

• By becoming a client or registering via this website, you are giving consent for us to use your PIH and MData (as further defined below) for certain activities, including skin analysis, treatment recommendations and, payment related options (“Recommendations”).

• any other information that you choose to send to us;  Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with the terms of this privacy policy.

DISCLAIMER & PRECAUTIONS:  We require that any time you provide us information that includes PIH (i.e., personally identifiable data) and medical/health data (“MData”) , all such written disclosures to us of MData be under our Coded System such that disclosure of MData will be done by you, and maintained by us, utilizing the Coding System detailed on the forms/questionnaires we use to collect MData, and that no PIH will appear together on any document you submit to us containing MData or together with MData.  When properly coded using our Coding System, i.e., when no PIH and MData is co-mingled, the information shall be considered PIH and falls outside the definition of protected medical information and is therefore excluded from the provisions of the HIPAA laws.  Unless we expressly agree by mutual written agreement, you will not provide any information comingling PIH with protected medical information requiring protection under HIPAA.  You agree that we will not be responsible for your failure to conform with, or violations by you, of the Coding System.

YOUR ACCESS TO AND CONTROL OVER INFORMATION

So long as you are not undergoing treatments, you may opt out of any future contacts from us at any time. You may change/correct any data we have about you at any time.  So long as you are not under an active treatment plan with us, you can do the following at any time by contacting us via the email address or phone number given on our website:

1. See what data we have about you, if any.
2. Have us delete any data we have about you (other than data we may be required by law or regulation to keep for a period of time).
3. Express any concern you have about our use of your data.
   
   

SECURITY

We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.  We will store all the personal information you provide on our secure (password and firewall-protected) servers.  Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to your PIH. The computers/servers in which we store your PIH are kept in a secure environment.  To the extent we require certain medical/health information (“MPIH”) that may be protected under the law, such MPIH must be provided to us in coded form only using the coding system noted on such form (“Coding System”).  If we maintain MPIH we keep it on separate servers/files so it is separated from your PIH.  We are not responsible for violations by you of the Coding System.

ORDERS

We may accept orders and if we do, we request information from you on our order form or via email. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you. 

COOKIES

We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.  Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.  We do not honor the Do Not Track (DNT) web browser privacy preference at this time.

SHARING

We share aggregated demographic information with our partners and advertisers. And:  We may use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use your PIH for any secondary purposes beyond filling your order.  We may partner with another party to provide specific services. We will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use your PIH except for the purpose of providing these services.

DISCLOSURES OF PIH& MData

We may disclose your PIH and MData (as such term is defined below) to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.  We may disclose your PIH to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this privacy policy.  In addition, we may disclose your personal information:

1. to the extent that we are required to do so by law;
2. in connection with any ongoing or prospective legal proceedings;
3. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
4. to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
5. to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
6. In connection with our Recommendations.
   
   

LINKS

This web site may, from time to time, or current does, contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects your PIH.

SURVEYS & CONTESTS

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

UPDATES

Our Privacy Policy may change from time to time and all updates will be posted on this page.  Effective: October 31, 2021

If you feel that we are not abiding by this privacy policy, you should contact us immediately via the email address or phone number given on our website.

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