TERMS OF USE

Effective Date: September 13, 2022

TERMS OF USE FOR COMPLEXIONSMEDSPA.ORG AND NORTHERNOKLAHOMADERMATOLOGY.COM

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

  • All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

    Copyright

    The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Northern Oklahoma Dermatology, LLC. The collective work includes works that are licensed to Northern Oklahoma Dermatology, LLC including complexionsmedspa.org and northernoklahomadermatology.com websites.

    ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Northern Oklahoma Dermatology, LLC and products sold on our complexionsmedspa.org and northernoklahomadermatology.com websites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Northern Oklahoma Dermatology, LLC and products sold on our complexionsmedspa.org and northernoklahomadermatology.com websites. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Northern Oklahoma Dermatology, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

    Trademarks

    All trademarks, service marks and trade names of Northern Oklahoma Dermatology, LLC used in the site are trademarks or registered trademarks of Northern Oklahoma Dermatology, LLC.

     Warranty Disclaimer

    These sites (complexionsmedspa.org and northernoklahomadermatology.com) and the materials and products on these sites are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Northern Oklahoma Dermatology, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Northern Oklahoma Dermatology, LLC does not represent or warrant that the functions contained in these sites will be uninterrupted or error-free, that the defects will be corrected, or that these sites or the servers that makes the sites available are free of viruses or other harmful components. Northern Oklahoma Dermatology, LLC does not make any warrantees or representations regarding the use of the materials in these sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

    Limitation of Liability

    Northern Oklahoma Dermatology, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on these sites (complexionsmedspa.org or northernoklahomadermatology.com) or the performance of the products, even if Northern Oklahoma Dermatology, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

    Typographical Errors

    In the event that a Northern Oklahoma Dermatology, LLC product is mistakenly listed at an incorrect price, Northern Oklahoma Dermatology, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Northern Oklahoma Dermatology, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Northern Oklahoma Dermatology, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

     Term; Termination

    These terms and conditions are applicable to you upon your accessing these sites (complexionsmedspa.org and northernoklahomadermatology.com) and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Northern Oklahoma Dermatology, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

    Notice

    Northern Oklahoma Dermatology, LLC may deliver notice to you by means of e-mail, a general notice on these sites (complexionsmedspa.org and northernoklahomadermatology.com) , or by other reliable method to the address you have provided to Northern Oklahoma Dermatology, LLC .

    Miscellaneous

    Your use of these sites (complexionsmedspa.org and northernoklahomadermatology.com) shall be governed in all respects by the laws of the state of Oklahoma, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to these sites (including but not limited to the purchase of Northern Oklahoma Dermatology, LLC products whether in person or on (complexionsmedspa.org and northernoklahomadermatology.com) shall be in the state or federal courts located in Washington County, Oklahoma. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Northern Oklahoma Dermatology, LLC products whether in person or on (complexionsmedspa.org and northernoklahomadermatology.com) must be commenced within one (1) year after the claim or cause of action arises. Northern Oklahoma Dermatology, LLC ‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Northern Oklahoma Dermatology, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

     Use of Site

    Harassment in any manner or form on these sites (complexionsmedspa.org and northernoklahomadermatology.com), including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Northern Oklahoma Dermatology, LLC. or other licensed employee, host, or representative, as well as other members or visitors on these sites is prohibited. You may not upload to, distribute, or otherwise publish through these sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on these sites or use these sites to solicit others to join or become members of any other commercial online service or other organization.

    Participation Disclaimer

    Northern Oklahoma Dermatology, LLC does not and cannot review all communications and materials posted to or created by users accessing these sites (complexionsmedspa.org and northernoklahomadermatology.com) and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on these sites, Northern Oklahoma Dermatology, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Northern Oklahoma Dermatology, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Northern Oklahoma Dermatology, LLC in its sole discretion.

    Indemnification

    You agree to indemnify, defend, and hold harmless Northern Oklahoma Dermatology, LLC (including complexionsmedspa.org or northernoklahomadermatology.com) its officers, directors, employees, contractors, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing these sites using your Internet account.

    Third-Party Links

    In an attempt to provide increased value to our visitors, Northern Oklahoma Dermatology, LLC, which includes complexionsmedspa.org and northernoklahomadermatology.com may link to sites operated by third parties. However, even if the third party is affiliated with Northern Oklahoma Dermatology, LLC. Northern Oklahoma Dermatology, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Northern Oklahoma Dermatology, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Northern Oklahoma Dermatology, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

    1. BINDING EFFECT.This is a binding agreement. By using the Internet site located at complexionsmedspa.org and northernoklahomadermatology.com (these “Sites”) or any services provided in connection with these Sites (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Nick Mietus or his employees (“Company”) from time to time in its sole discretion. Company will post a notice on these Sites any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave these Sites and cease all use of the Service and these Sites. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
    2. PRIVACY POLICY.Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking the “privacy” link at the bottom of the page. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
    3. USE OF SOFTWARE.Company may make certain software available to you from these Sites (complexionsmedspa.org and northernoklahomadermatology.com). If you download software from these Sites, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company, or its licensors and you may not copy or use them in any manner.
    4. USER CONTENT.You grant Company a license to use the materials you post to these Sites (complexionsmedspa.org and northernoklahomadermatology.com) or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to these Sites or Service, you are granting Company, its affiliates, officers, directors, employees, contractors, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on these Sites or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
    5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.When accessing these Sites (complexionsmedspa.org and northernoklahomadermatology.com) or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and these Sites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
    6. INAPPROPRIATE CONTENT.You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
    7. COPYRIGHT INFRINGEMENT.Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on these Sites or with the Service. These procedures are as follows:

     

    DMCA Policy:

    The DMCA policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is our policy (the “Company”) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.

    Upon receipt of proper notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.

    DMCA COMPLAINT NOTICE PROCEDURES FOR COPYRIGHT OWNERS

    The following elements must be included in your copyright infringement claim:

    1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
    4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notice 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.

    Failure to include all of the above information may result in a delay of the processing or the DCMA notification.

    DMCA NOTICE AND TAKEDOWN PROCEDURE

    It is expected that all users of any part of the Company system will comply with applicable copyright laws. However, if the Company receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received.

    DMCA REPEAT INFRINGERS

    Under appropriate circumstances, Company may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.

    DMCA ACCOMMODATION OF STANDARD TECHNICAL MEASURES

    It is Company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.

     

    1. ALLEGED VIOLATIONS.Company reserves the right to terminate your use of the Service and/or these Sites (complexionsmedspa.org and northernoklahomadermatology.com). To ensure that Company provides a high-quality experience for you and for other users of these Sites and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of these Sites or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to these Sites immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of these Sites or the Service by others.
    2. NO WARRANTIES.COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THESE SITES (complexionsmedspa.org and northernoklahomadermatology.com) AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THESE SITES OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THESE SITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THESE SITES OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THESE SITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
    3. LIMITED LIABILITY.COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THESE SITES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
    4. AFFILIATED SITES.Company has no control over, and no liability for any third-party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with these Sites (complexionsmedspa.org and northernoklahomadermatology.com).. Because neither Company nor these Sites has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of these Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
    5. PROHIBITED USES.Company imposes certain restrictions on your permissible use of these Sites (complexionsmedspa.org and northernoklahomadermatology.com) and the Service. You are prohibited from violating or attempting to violate any security features of these Sites or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, these Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to these Sites or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using these Sites or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing these Sites or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
    6. INDEMNITY.You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, contractors, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of these Sites, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
    7. COPYRIGHT.All contents of these Sites (complexionsmedspa.org and northernoklahomadermatology.com) or Service are: Copyright © 2022 Nick Mietus and Northern Oklahoma Dermatology, LLC. All rights reserved.
    8. GOVERNING LAW.These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Oklahoma, without reference to their rules regarding conflicts of law.
    9. SEVERABILITY; WAIVER.If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
    10. NO LICENSE.Nothing contained on these Sites (complexionsmedspa.org and northernoklahomadermatology.com) should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
    11. MODIFICATIONS.Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify these Sites and/or the Service; and (c) discontinue these Sites and/or Service at any time. Company shall post any revision to these Terms of Use to these Sites, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on these Sites periodically to be aware of any revisions. You agree that, by continuing to use or access these Sites following notice of any revision, you shall abide by any such revision.
    12. ACKNOWLEDGEMENT.BY USING THE SERVICE OR ACCESSING THESE SITES COMPLEXIONSMEDSPA.ORG AND NORTHERNOKLAHOMADERMATOLOGY.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.