Terms and Conditions
iS Clinical Affiliate Store
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FOR THE BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH SCIENCE OF SKINCARE, LLC. PLEASE READ IT CAREFULLY.
- General Provisions
- Use of Service
- Product Descriptions
- Product Pricing
- Product Availability
- Shipping Policy
- Returns & Exchanges
- Subscription Program
- Links to Third Party Sites
- Limitation of Liability
- Licenses from Users
- Representations and Warranties
- Disclaimer of Warranties
- Your Responsibilities
- Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
iS Clinical’s Website may provide information related to skincare, health, and wellness that is designed for informational and educational purposes only. Neither iS Clinical nor any of its subsidiaries dispense medical advice. None of the Service’s content should be considered medical advice or an endorsement, representation or warranty that any particular product or treatment is safe, appropriate or effective for you. The contents of the Website, such as text, graphics, images and other material, are not intended as medical or any other type of professional advice and does not create any physician-patient relationship. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Rather, please consult your healthcare professional if you have any concerns or questions about your health. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on this Service. The use of any information provided on this Service is solely at your own risk. iS Clinical shall not be liable for any damages, loss, or injury suffered as a result of reliance on the information contained on this Service. iS Clinical does not recommend, endorse, or make any representations about the efficacy, appropriateness, or suitability of any specific products, tests, procedures, treatments, services, opinions, healthcare providers, or other information that may be contained on or available through this Service. Nothing stated or posted on this Service is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Content and Accuracy of Information
We attempt to ensure that information on the Service is complete, accurate and current. Despite our efforts, the information on this Site and/or Service may be inaccurate, incomplete or out of date. We make no representation or warranties as to the completeness, accuracy or currency of any information on this Site and/or Service.
Use of Website Content
All materials provided on the Service, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided by iS Clinical. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of iS Clinical. Also, you may not "mirror" or “archive” any Materials contained on the Service on any other server without iS Clinical’s prior express written permission.
Except where expressly provided otherwise by iS Clinical, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of iS Clinical’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is Copyright (c) SCIENCE OF SKINCARE, LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of iS Clinical and protected by U.S. and international copyright laws. All software used on the Website is the property of iS Clinical or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with iS Clinical or using the Website as a shopping or informational resource. Any other use of materials on the Website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of iS Clinical is strictly prohibited. The Website and all page headers, custom graphics and button icons and related products are service marks, trademarks, and/or trade dress of iS Clinical and may not be used in connection with any product or service that is not offered by iS Clinical in any manner that is likely to cause confusion among customers.
Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. You agree to accept responsibility for all activities that occur under your account or password.
We may suspend or terminate your account or your use of this Service (including access to the Website) at any time, for any reason or for no reason. Any Users who request excessive returns or make orders that result in fraud and/or chargebacks may have their account suspended or terminated. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.
USE OF SERVICE
You are ineligible to use this Service if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian make any purchases, set up your account, and have them agree to these Terms. If you are under the age of 18, your parent or legal guardian’s consent to these Terms is ongoing and they hereby warrant that they will review these Terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point You hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 provides any Submissions in association with or in regard to the Service and/or any other iS Clinical products or services, their parent or legal guardian hereby agrees to our Terms.
You are responsible for maintaining the confidentiality of your account and password. You are responsible for all activities that occur under your account or password, whether or not you know about or authorize them. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. Use of the Service is void where prohibited by law. Any submission of false or materially inaccurate information by users in creating an account shall constitute a basis for iS Clinical to terminate the account and bar such users from accessing or using the Service. You may only create one account per person, and any user creating multiple accounts with different email addresses may be subject to account termination.
iS Clinical uses reasonable efforts to make the Service available 7 days a week, 24 hours a day; however, many factors out of our control may affect the availability of the Service. We provide no guarantee that the Service will be available at any time and we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) with or without notice at our sole discretion. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
iS Clinical uses reasonable efforts to display the products listed for sale via the Service as accurately as possible. However, iS Clinical does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free. If a product offered by iS Clinical is not as described, please contact us at your earliest opportunity at email@example.com and we will endeavor to find an acceptable solution. However, your sole remedy if we cannot find a solution is to return the product in accordance with our Terms.
Product pricing is subject to change with or without notice at our sole discretion. We shall not be liable to you or to any third party for any modification to pricing.
All offered products on the iS Clinical Service are subject to availability. iS Clinical reserves the right to change the items offered via the Service at any time and without notice. The Service may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly and without notice. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, or wait until the product is available (if it will be available again in a timely manner) or to cancel your order. iS Clinical is not liable if products are not in stock or otherwise not available.
Orders are processed during normal business hours, Monday through Friday, 8am to 5pm Pacific Standard Time, except for the following holidays - New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day (collectively, “iS Clinical Holidays”). Orders require up to 2 business days for processing prior to shipping. Orders received after 12pm Pacific Standard Time, placed on weekends or iS Clinical Holidays will be processed the next business day. Sales tax will be charged in accordance with applicable state sales tax laws.
The minimum Order is $50. Orders are limited to 3 units per product. Once an order has been submitted it cannot be modified or cancelled. See the Returns & Exchanges section for more information.
We reserve the right to refuse any order placed and may, in our sole discretion, limit or cancel quantities purchased per person, household or order including orders placed under the same customer account, credit card, or billing and/or shipping address. This includes orders that appear to be placed by dealers, resellers or distributors. If we make a change to or cancel an order, we will attempt to notify you by contacting the email, phone number, or billing address associated with the order.
We accept the following forms of payment: Visa, MasterCard, American Express and Discover.
All transactions made through the Service are subject to our acceptance, which is at our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, at our sole discretion, and without liability to you or any third party.
Shipping Methods, Pricing and Transit Time
Orders are shipped via UPS Ground unless otherwise specified. Expedited shipping and shipping outside the continental US is available for an additional fee via UPS.
Following order processing, cost and estimated arrival times are:
Orders $50 to $200 = $9.95
Orders over $200 = FREE
4-7 Business Days
2 business days for orders placed before 12 noon PT
1 business day for orders placed before 12 noon PT
Alaska, Hawaii, Puerto Rico & U.S. Territories
2 Day only
3-5 Business Day for orders placed before 12 noon PT
Estimated arrival times cannot be guaranteed. We are not able to ship to PO Boxes. Free Shipping is not a guaranteed service. We reserve the right to change the means of shipment on any order, and we will notify you of any change in shipping method and cost. We ship to US and US Territory addresses only.
Tracking Your Order
As soon as your order ships, you will receive a shipping confirmation with your tracking number.
RETURNS & EXCHANGES
Only items purchased through the iS Clinical Affiliate Store can be returned to the iS Clinical Affiliate Store. Items purchased elsewhere must be returned to their original point of purchase.
Log into your Account on the iS Clinical Affiliate Store. Under My Account, select My Returns. Select the products to return, then select a reason, item condition, and choose Return or Exchange. Fill in any additional comments and click Submit. A Return Merchandise Authorization (RMA) Number will automatically be assigned and sent to you via email, along with complete return instructions.
NOTE: For product skin reactions, we require that a Skin Reaction Form be completed and submitted before the RMA is approved.
iS Clinical will accept returns within the following guidelines:
- All returned item(s) must have a Return Merchandise Authorization (RMA). Any returned items received without an RMA Number will not be accepted.
- All returned item(s) must be returned within 30 days of invoice date.
- Item (s) that are defective, incorrect or product damaged in shipping must be reported within ten (10) business days of invoice date to be returned or exchanged and must be kept in the same condition for return.
- Exchanges will be processed and shipped within 3 business days upon submission of your exchange request. Exchanged product must be returned and received within ten (10) business days or your credit card will be charged for the unreturned exchanged items. Complimentary UPS Ground shipping will be provided for all returns and exchanges made within 30 days of original invoice date, except for returns due to customer ordering error.
- Upon receipt, inspection and approval of the item(s), returns for refund will be issued and processed according to your payment method.
If you have questions about how to return an item, Customer Care Associates are available to assist you Monday through Friday from 8am to 5pm PST at 1-888-807-4447 option 1, or by email at firstname.lastname@example.org
iS Clinical provides a Subscription Program whereby customers can subscribe to receive their favorite iS Clinical products at their preferred recurring time interval. The following recurring time intervals are available:
- Every 6 weeks
- Every other month
To subscribe, select the recurring time interval option you would prefer on the product page. The recurring time interval selection appears on every product page allowing you to select a different recurring time interval for each product you would like.
Please note by enrolling into the Subscription Program, you are agreeing to pay and authorize iS Clinical to automatically charge your credit card the order total for each product you have subscribed to receive in the recurring time interval you have selected for each product. This automatic process will continue until you cancel. Subscriptions must be canceled one (1) day prior to the automatic recurring billing date to avoid being charged the recurring order total. To manage subscriptions, log on to the Website and go to My Account. Select My Subscriptions to make your updates
We accept Visa, MasterCard, American Express and Discover as forms of payment for the Subscription Program. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to regularly update your payment method information or cancel your account should you wish to discontinue your membership with us. Your credit card information will be securely stored for use on all future purchases.
If you have questions about how to manage your subscriptions, Customer Care Associates are available to assist you Monday through Friday from 8am to 5pm PST at 1-888-807-4447 option 1, or by email at email@example.com.
A sampling program may be offered on the iS Clinical Affiliate Program and is subject to change at any time.
Except where expressly provided otherwise by iS Clinical, all comments, feedback, information and data submitted to iS Clinical through, in association with or in regard to the Service ("Submissions") shall be considered non-confidential and iS Clinical’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method iS Clinical sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to iS Clinical, you agree to assign to iS Clinical, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant iS Clinical these rights. iS Clinical shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not iS Clinical, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
iS Clinical reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any iS Clinical site that violates these Terms and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including any iS Clinical site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, iS Clinical reserves the right to cancel or suspend your account. iS Clinical reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using iS Clinical for improper purposes, or any purpose inconsistent with its business.
LINKS TO THIRD PARTY SITES
The Service may contain links or have references to websites controlled by parties other than iS Clinical. iS Clinical is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. iS Clinical is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iS Clinical of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by iS Clinical. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL IS CLINICAL OR EACH OF THE COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE SERVICE AND THE WEBSITE AND THE PRODUCTS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSES FROM USERS
REPRESENTATIONS AND WARRANTIES
Each User represents and warrants that it has the power and authority to enter into these Terms. iS Clinical warrants that it will provide the Service in a manner consistent with its business practices, as iS Clinical, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY IS CLINICAL, THE MATERIALS ON THE SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, IS CLINICAL AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. IS CLINICAL AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SERVICE, WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IS CLINICAL AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICE, WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SERVICE OR WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER IS CLINICAL NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. IS CLINICAL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY IS CLINICAL, THE SERVICE, WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. IS CLINICAL EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
You shall defend and indemnify iS Clinical and its third party providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against iS Clinical or its third party providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. iS Clinical shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Service and/or the services associated with the Service other than in accordance with these Terms; (b) the combination of the Service and/or the services associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which iS Clinical controls and operates the Service and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
iS Clinical may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in iS Clinical’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in iS Clinical’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Service.
Furthermore, iS Clinical complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the iS Clinical designated agent via email at firstname.lastname@example.org or via registered US mail sent return receipt to: DMCA Compliance Agent, Science of Skincare, LLC., 3333 N. San Fernando Blvd., Burbank, CA 91504.
You may give notice to iS Clinical at any time by letter sent by registered mail with return receipt to: Science of Skincare, LLC, 3333 N. San Fernando Blvd., Burbank, CA 91504.
RESOLUTION OF DISPUTES– MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with iS Clinical or the use of this Service. Please read this section carefully. Our Customer Care Department, which you can reach at email@example.com can help you resolve most of your concerns. If our Customer Care Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Science of Skincare, LLC
Attention: Notice of Dispute
3333 N. San Fernando Blvd.
Burbank, CA 91504
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here: http://www.lacourt.org/division/smallclaims/smallclaims.aspx. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Governing Law & Exclusive Venue
Use of the Service and any claim relating to iS Clinical shall be governed by the laws of the State of California and litigated in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in California. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Service from even if you are accessing the Service from outside of the United States of America.
You may not assign these Terms without the prior written approval of iS Clinical. Any purported assignment in violation of this section shall be void. iS Clinical reserves the right to use third party providers in the provision of the Service and/or the goods, services and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by iS Clinical.
If you have any questions regarding these terms or wish to contact us for any matter: