Terms of Service
MODERN RITUAL
TERMS OF SERVICE
Last Updated: January 12th 2023
Welcome to Modern Ritual! These Terms of Service (“Terms”) govern your access to and use of the Patient Portal (the “Portal”) and the website (the “Website”) at https://www.getmr.com/ provided by Modern Ritual (“we”, “us” or “our”), and constitute a binding legal agreement between you (“you”, “your” or “User” refers to the individual that visits or uses our Website), as a user of the Website and Portal and us. For further information on policies governing the use of our Website and Portal, please visit our Privacy Policy at https://www.getmr.com/policies/privacy-policy.
NOTE THAT SECTION 29 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
By accessing, using, or purchasing anything from the Website or Portal, you agree to these Terms. Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an electronic notification). It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or Portal following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver in Section 29, you are not authorized to access or use the Website or the Portal for any purpose.
Modern Ritual, itself, does not provide any healthcare services. Dermoscopic evaluative services (“Services”) are furnished by affiliated medical providers (“Affiliated Medical Providers” or “Providers”) practicing within independently owned and operated professional practices (“Affiliated Medical Practices”). Modern Ritual Affiliated Medical Providers are an addition to, and not a replacement for, your local primary care provider. Responsibility for your overall medical care should remain with your local primary care provider. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM FOR EVALUATION AND TREATMENT. DO NOT RELY ON COMMUNICATION THROUGH THIS WEBSITE, THE PORTAL, OR OUR SERVICES FOR URGENT MEDICAL NEEDS.
Federal and State laws govern the confidentiality of medical information. Please read our privacy policy for information about how Modern Ritual and its Affiliated Medical Practices collect, use, and disclose information through the Website, Portal, Online Store, Products, and Services. By accessing or using our Website, Portal, Online Store, Products, and Services, you agree that Modern Ritual and its Affiliated Medical Practices can collect, use and share such information in accordance with our privacy policy, which is hereby incorporated into these Terms by reference. We reserve the right to modify our privacy policy from time to time.
Modern Ritual provides an Online Store, hosted by Shopify Inc., that offers Users the ability to purchase skincare-based products (“Products”). The Website may make available listings, descriptions, and images of goods or services or related coupons, discounts, or trials of goods, as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) regarding the purchase, possession, and use of any Product. Any discount, coupon, promotion, trial, and/or other modification to subscription pricing is non-transferable, not redeemable for cash or cash equivalent, and may only be redeemed online in your User Account.
We reserve the right, but are not obligated, to limit the sales of our Products 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 Product that we offer. Any offer for any Product made on this site is void where prohibited. We do not warrant that the quality of any Product, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product will be corrected.
Modern Ritual delivers a platform that offers Users the opportunity to obtain telehealth dermoscopic and basic imaging consultations and evaluative Services. These Services review images of suspicious moles, freckles, lesions, and rashes and may use highly specialized smartphone compatible dermatoscopes.These Services can also be used to screen for skin cancer. All skin images are read by experienced top dermatologists and other healthcare Providers. These features compose the Services.
We reserve the right, but are not obligated, to limit our Services 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 Service that we offer. Any offer for any Service made on this site is void where prohibited. We do not warrant that the quality of any Service purchased or obtained by you will meet your expectations.
Services are provided “as is” without warranties of any kind, including, express warranties, implied warranties, warranties of merchantability, warranties for fitness for a particular purpose, or non-infringement of intellectual property. In no event will Modern Ritual or its Affiliated Medical Practices or Providers be liable to you or anyone else for any decision made or action taken in reliance on the information contained on this Website, Portal, or given during Services, or for any consequential, special, or similar damages, even if advised of the possibility of such damages.
As further detailed below, Modern Ritual, itself, does not provide any healthcare services. Services are furnished by affiliated medical providers practicing within independently owned and operated professional practices.
3.1. In-Person Clinic Dermatology Evaluative Services
Users have the option to use our Services at Modern Ritual affiliated in-person clinics. Users who initiate our Services at in-person clinics will have the opportunity to obtain consultations and evaluative Services. Clinics will assist in taking Users images and capturing patient history. All image reading test results will be prepared by Modern Ritual Affiliated Medical Providers and communicated confidentially to the applicable in-person clinic provider. A Modern Ritual Patient Experience Navigator or the in-person provider may notify you directly regarding your test results.
3.2. At-Home Dermatology Evaluative Services
If available, Users may also have the option to purchase an At-Home Dermatology Skin Screening Kit from the Website. This kit allows Users to take photographs of their skin using the Modern Ritual Smartphone Dermatoscope attachment and upload the images into Our Patient Portal. Within two business days, Users will receive recommendations from a board-certified affiliated Provider.
3.3. Dermatology Evaluative Services for Businesses
Clinics, employers, health plans, and other businesses have the option to purchase Modern Ritual Services for their patients and/or employees. For more information, you can connect with a member of the Modern Ritual Team by clicking the “Learn More” or “Get In Touch” button, located on the Website.
The Services are intended as a platform for Users to obtain consultations and dermoscopic evaluative services by experienced dermatologists and other health providers. The Services are a supplement to, and not a substitute for, the expertise, skill, knowledge, and judgment of in-person healthcare practitioners. You should not rely on the Services as your primary tool for determining whether you have or do not have a disease, when to take medication, or when to follow certain courses of treatment. If you are experiencing a medical emergency, you should dial “9-1-1” immediately. Individuals using the Services assume full responsibility for the use of the Services and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Services.
While we enable Users to communicate with their licensed clinical professional (together, “Practice Users”), we are not responsible for monitoring such information and communications, and we are not a party to transactions that may occur between Users and Practice Users. In addition, we are not responsible for and we expressly disclaim all liability that may result from information made available by Users or Practice Users and the conduct of Users and Practice Users, whether online or offline. Modern Ritual does not sponsor, endorse, recommend or approve of any Practice User, nor do we make any representations or warranties about the quality, timing, or legality of the products or services they provide. Additionally, we cannot and do not represent or warrant that any Practice User is licensed, qualified, insured, or capable of performing any product or service, and we make no representations or warranties about the suitability, reliability, or accuracy of the products and services they provide.
MODERN RITUAL’S ROLE IS LIMITED TO MAKING CERTAIN TELEHEALTH-RELATED INFORMATION AVAILABLE TO YOU AND/OR FACILITATING YOUR ACCESS TO TELEMEDICINE AND EXPERT HEALTHCARE SERVICES. Modern Ritual is independent of its affiliated licensed clinical professionals and medical practices, who will be providing such telemedicine services to you through the platform, and is not responsible for such licensed clinical professionals’ acts, omissions, or for any content of the communications made by them. Consequently, if any medical advice is provided to you by a Practice User through the Services, such medical advice is not provided by Modern Ritual but is provided by your Practice User. Nothing in the Services shall be construed to create any relationship of employer and employee, agent and principal, partnership, or joint venture between the Parties. Always seek the advice of your primary care provider with any questions regarding your personal health or medical conditions. If you have or suspect that you have an emergent medical problem or condition, please contact a qualified healthcare professional or 9-1-1 immediately.
General browsing of our Website is not intended for users under the age of thirteen (13). Persons between the ages of thirteen (13) and eighteen (18) may only browse our Website with the legal authorization of their parent or legal guardian. Please check our Privacy Policy for more information on how we handle children’s information.
5.1. Online Store Products
The Modern Ritual online store is not targeted toward or intended for use by anyone under the age of eighteen (18). By using the online store, you represent and warrant that you (a) are eighteen (18) years of age or older, (b) have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our online store on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms.
5.2. Services
The Services provided by Modern Ritual Affiliated Medical Practices may be used by all ages; however, those under the age of eighteen (18) may only engage in Services with the legal authorization of their parent or legal guardian. By using the Services, you represent and warrant that you (a) are eighteen (18) years of age or older, or have the legal authorization of a parent or legal guardian, (b) are a resident of the respective US state from which services are sought, where applicable, (c) have not been previously suspended or removed from the Website and/or Portal, or engaged in any activity that could result in suspension or removal from the Website and/or Portal, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Website and/or Portal on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms.
Modern Ritual and its Affiliated Medical Practices offer competitive pricing for Products and Services. Please note that prices, Products, Services, offers, and specials are subject to change at any time without notice. Our Products and Services are cash-pay only. We do not bill insurance and our Services are not covered by any state or federal insurance plans including, but not limited to, Medicare, Medicaid, Medi-Cal, HMO, PPO, or private insurance plans whatsoever. All payments are your responsibility. We accept credit cards, debit cards, Shop Pay, PayPal, and Google Pay. Prices and availability of Products and Services detailed in Section 2 and Section 3 are subject to change without notice. The prices for Products and Services are quoted in U.S. Dollars and are valid and effective only in the United States. The total price specified in the final check-out screen, if applicable, includes tax and shipping costs. Purchases made on the Website will be recorded in the Order Confirmation.
While Modern Ritual and its Affiliated Medical Practices strive to provide accurate pricing information, pricing or typographical errors may occur. In the event a Product or Service is listed at an incorrect price due to typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such Product or Service at the incorrect price, even if the order has been confirmed and/or your credit or debit card has been charged. In the event that an item is misplaced, Modern Ritual or its Affiliated Medical Practices may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit or debit card has already been charged for the purchase and your order is canceled, Modern Ritual or its Affiliated Medical Practices shall promptly issue a credit to your credit or debit card account in the amount of the correct price.
Modern Ritual, its Affiliated Medical Practices, and other affiliates do not advertise or solicit for patronage that which is not in the public interest or in violation of any State or Federal laws. Any advertising of fixed prices, or a stated range of prices, for specified routine professional services, is permitted provided that if there is an additional charge for related services which are an integral part of the overall service being provided, the advertisement shall so state, and provided further that the advertisement indicates the period of time for which the advertised practices shall be in effect.
MODERN RITUAL, ITS MEDICAL AFFILIATES, AND AFFILIATED LICENSED PROFESSIONALS DO NOT PAY, RECEIVE, OR SOLICIT, ANY REMUNERATION IN RETURN FOR REFERRALS, DIRECTLY OR INDIRECTLY OFFER, GIVE, SOLICIT, OR RECEIVE OR AGREE TO RECEIVE, ANY FEE OR OTHER CONSIDERATION TO OR FROM A THIRD PARTY FOR THE REFERRAL OF A CLIENT OR IN CONNECTION WITH THE PERFORMANCE OF SERVICES, NOR ARE ANY OF THE ENTITIES OR PERSONS PERMITTED TO SHARE IN THE FEES FOR SERVICES, INCLUDING ANY ARRANGEMENT OR AGREEMENT WHEREBY THE AMOUNT RECEIVED IN PAYMENT FOR FURNISHING SPACES, FACILITIES, EQUIPMENT OR PERSONNEL SERVICES USED BY A LICENSEE CONSTITUTING A PERCENTAGE OF, OR OTHERWISE DEPENDENT UPON, THE INCOME OR RECEIPTS OF THE LICENSEE FROM SUCH PRACTICE SUBJECT TO CERTAIN EXCEPTIONS PERMITTED BY LAW. FOR FURTHER INFORMATION REGARDING FEE-SPLITTING, STARK, ANTI-KICKBACK, OR EKRA LAWS, PLEASE VISIT THE FOLLOWING WEBSITE:
Orders for Products may be placed on https://www.getmr.com/. To place an order for applicable Products, you must submit your contact email, name, telephone number (optional), shipping address, billing address, credit or debit card number, and choose your shipping method. When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you. We will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point, a contract comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Service and the relevant Order Confirmation for future reference. If we are unable to supply you with a Product, we will inform you of this in writing and will not process the order.
7.1. Pre-orders
If you place a Pre-order, you will be buying an out-of-stock or soon-to-be-available product not yet in inventory. We may collect no payment or a partial deposit at checkout, store your payment method, and fulfill and charge the full or remaining payment at a future date. You can cancel a partially paid Pre-order that has not yet been fulfilled. If the order has been fulfilled, then you cannot cancel the order, but you can request a full or partial refund.
7.2. Try Before You buy
If you place an Order for a Try-Before-You-Buy item, we authorize your payment method before fulfilling the order. You will have a set amount of time to elect to keep the Product or return the Product. Once the time period has passed, if you have not returned the Product, we will charge your payment method for the full amount.
7.3. Subscriptions
If you place an order for a Subscription, you will receive repeat deliveries at set dates. These deliveries are based on the Subscription duration and frequency. Your payment details will be stored securely. You will be charged for each delivery once it is shipped unless you have paid in advance. Subscriptions may auto-renew at the end of their duration. You may cancel or change your Subscription at any time. Subscriptions can only be managed via your Account.
7.4 Fulfillment
Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We also reserve the right to cancel a Contract in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we canceled:
- the Product is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems
- you are under the age of eighteen (18);
- there was an error in the price displayed on the Online Store;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (defined in Section 11); or
- in the event of misspelling, pricing, or other errors or mistakes in the Product information.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.
7.5. No Purchase for Resale Allowed
We sell our Products direct to You (“End Consumers”) through the Website. Purchase of Products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If we believe you are involved in purchase for resale, We reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your User Account.
By paying with a credit or debit card, or by paying via Shop Pay, PayPal, or Google Pay (collectively “Online Payment System(s)”), you hereby certify that you are (1) an authorized user of the credit card, debit card, or Online Payment System or have been granted authorization to use the credit card, debit card or Online Payment System, (2) you authorize Modern Ritual or its Affiliated Medical Practices to charge the amount agreed upon to the credit card, debit card, or Online Payment System, and (3) if the charge is reversed by the credit card or debit card issuer, network, or Online Payment System, you agree to reimburse Modern Ritual or its Affiliated Medical Practices for all reasonable costs of collection. You also understand that you are still responsible for the full payment of Products. Presenting any form of payment in which you are not an authorized user may be considered fraud and subject to law enforcement notification and prosecution.
In addition, you agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
All payment information is encrypted during transfer over networks.
Product orders are processed in three to five business days. Online Store Product orders are shipped Monday through Friday at 11:30 AM and 3:00 PM Central Standard Time. The shipping methods offered are free shipping, standard shipping, and rush shipping.
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. The title and risk of loss for products purchased from Modern Ritual or its Affiliated Medical Practices pass to you upon our delivery to the carrier.
10.1. Returns
Modern Ritual’s free return policy lasts 30 days. The free return policy applies only to skincare Products. The return policy does not apply to products needed to conduct Services, such as the Smartphone Dermatoscope. To be eligible for a return, your item must be unused, in the original packaging, and in the same condition that you received it. Gift cards and sale items are non-returnable.
Returns for products needed to conduct Services, such as the Smartphone Dermatoscope, are given on a case-by-case basis only.
10.2. Refunds
If applicable, a refund will be issued based on the original form of payment. It may take up to three weeks for refunds to be processed and posted with your bank. If, after sufficient time has passed, your refund has not been received, please contact us at hello@getmr.com.
10.3. Exchanges
We will replace or exchange Products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. To exchange an item, contact us at elianna@getmr.com and send your item to: Skinvest, Inc., 510 Meadowmont Village Circle #146, Chapel Hill NC 27517, United States. In the event your claim is justified, the shipping costs will be refunded to you if sent from a location within the United States. The time it will take for the exchanged product to reach you may vary.
10.4. Cancellations
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store in three to five business days. If you wish to cancel your order, please contact us at hello@getmr.com. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the return policy stated above.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights at the “Cancellations” subsection above.
You may need to register for a Modern Ritual Account on our Website or Application (“Account(s)”) to access parts of our Website, Portal, or Application. As part of this process, you must provide accurate Account information and promptly update this information if it changes. You should maintain the security of your Account(s) and promptly notify us if you discover or suspect that someone has accessed your Account without your permission.
You can buy Products as a Website guest. However, you may need to make an Application Account to receive Services. Product Subscriptions can only be managed via your Account.
By purchasing Products or Services you may receive communications from us, which may include emails, text messages, voice calls, and push notifications (the “Communications”). Your agreement to receive Communications is not a condition of any purchase. Communications from or on behalf of Modern Ritual or its Affiliated Medical Practices may include but are not limited to: the use of Products or Services; informational communications concerning the Online Store, messages from your Provider, marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party affiliates.
Text messages are powered by a third-party, ElectricSMS, and will be to the phone number you have supplied to us. You must opt in to the text message program in order to receive text messages. You agree that text messages may be made using automatic dialing systems or other automated technologies. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You should ensure that you are familiar with and approve of the terms by which ElectricSMS is governed. The ElectricSMS Terms of Service are located here: https://rechargepayments.com/terms-of-service/.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL), YOU CAN REPLY WITH THE WORD “STOP” or “STOP ALL”.
Additionally, You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
13.1. Mobile SMS Opt In
You will receive SMS mobile messages by affirmatively opting in to receive text messages, such as through online or application-based enrollment forms. By opting in, you agree to receive auto-dialed or predetermined mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
13.2. Mobile SMS Opt Out
If you do not wish to continue to receive text messages, you agree to reply STOP, or STOP ALL, to any mobile message sent to you in order to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting an agent or employee to remove you from our list, is not a reasonable means of opting out. Ten (10) days will be given to honor requests to opt-out.
13.3. Florida Residents
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to text messages, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent in direct response to mobile messages or requests from you (including but are not limited to response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
If you provide your healthcare services through, or on behalf of a legal entity, you represent, warrant, and covenant that (i) you have the authority to bind such entity to these Terms, and (ii) such entity will comply with these Terms. Each individual healthcare provider employed or engaged by such entity must separately register with us as a Practice User. No individual, other than the individual Practice User registering as a Practice User, may use the Services under the Practice User’s Account information.
14.1. Practice User Registration
Certain aspects of the Website and Portal are available only to Practice Users who register with us. To register with us as a Practice User, you must be of legal age to form a binding contract. Please note, however, that Services are not targeted toward or intended for use by anyone under the age of eighteen (18) despite the legal age to form a binding contract in States. When you register, you will be required to provide information about yourself as prompted by the Services registration page. You are responsible for safeguarding and maintaining the confidentiality of your email address and password and you agree not to disclose them to any third party unless otherwise permitted in a written agreement with us. You will be solely responsible for any activities or actions taken under your registered Account, whether or not you have authorized such activities or actions. You must notify us immediately if your username and password have been lost or stolen or if you otherwise know or suspect that any unauthorized person is using your password or your Account. We strongly recommend that you do not access or use the Portal on public computers. You agree that the information that is provided to us during registration or at any other time, will be provided in good faith and will be true, accurate, current, and complete. This information includes, but is not limited to, your name and email address.
14.2. Provider Customers
If you are using the Website or Portal on behalf of a healthcare provider or other entity that is a Modern Ritual Affiliated Medical Practice customer (a “Provider Customer”), these Terms supplement any services agreement, business associate agreement, and/or any other agreement between us and the Provider Customer (collectively, the “Customer Agreement”). To the extent that these Terms conflict with any Customer Agreement, the Customer Agreement will control. If you are using the Services as an employee or other representative of a Provider Customer, you are a “Practice User” for purposes of these Terms. Customer Agreements contain terms protecting privacy and may contain terms that control over these Terms for Practice Users.
Modern Ritual and its Affiliated Medical Practices may feature testimonials and reviews from clients in order to provide Users with additional information about others’ experiences with the Products or Services offered. While all information, photos, and quotes used are from actual Users sharing their honest opinions of the Products and Services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee.
Modern Ritual and its Affiliated Medical Practices may also provide the opportunity to participate in contests on our Website and/or third-party social media platforms. If you participate, we will request certain personal information. Participation in these contests is voluntary and you, therefore, have a choice whether or not to disclose this information. We may announce the names of contest winners on our Website and/or on social media platforms.
Our Website may allow you to upload, store, and share content, including messages, text, photos, and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Modern Ritual, you retain all rights in and to your User Content.
Excluding in this Section protected health information that has not been de-identified, which is covered by our privacy policy, you hereby grant Modern Ritual a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you. This license is effective until terminated by you or Modern Ritual.
If you supply or transmit any User Content via the Website, Portal, or Online Store, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). You further agree that your comments will not contain any computer virus or other malware that could in any way affect the operation of our Website or any related website.
In the event you choose to provide Modern Ritual or its Affiliated Medical Practices with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential, and nonproprietary. You hereby grant Modern Ritual a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Any User Content posted publicly or sent privately is the sole responsibility of the person that submitted it. Although Modern Ritual reserves the right to review or remove all User Content on the Website, Portal, and Online Store, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Website, Portal, or Online Store.
You agree to use the Website, Portal, Online Store, Products, and Services in accordance with all applicable local, state, national and foreign laws, treaties, and regulations. You will not violate any contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Website, Portal, Online Store, Products, and Services.
In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Website, Portal, Online Store, Products, and Services:
- engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- use or attempt to use another User’s Account without authorization from that User;
- use our Website, Portal, Online Store, Products, and Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying our Website, Portal, Online Store, Products, and Services or that could damage, disable, overburden or impair the functioning of our Website, Portal, Online Store, Products, and Services in any manner;
- reverse engineer any aspect of our Website, Portal, Online Store, Products, and Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website, Portal, Online Store, Products, and Services;
- infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Website, Portal, Online Store, Products, and Services that you are not authorized to access;
- develop or use any third-party applications that interact with our Website, Portal, Online Store, Products, and Services without our prior written consent, including any scripts designed to scrape or extract data from our Website, Portal, Online Store, Products, and Services;
- transmit any worms, viruses, or any code of a destructive nature.
- misrepresent your identity or provide Ritual or its Affiliated Medical Practices with any false information in any information-collection portion of our Website, Portal, Online Store, or Services;
- directly or indirectly authorize anyone else to take actions prohibited in these Terms of Service; or
- use our Website, Portal, Online Store, Products, and Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
- may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
- impersonates, or misrepresents your affiliation with, any person or entity;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
- is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Website, Portal, Online Store, Products, and Services, or that may expose Modern Ritual or its Affiliated Medical Practices or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
We reserve the right to modify the contents of this site at any time, however, we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We are not responsible if information made available on this site contains typographical errors, is not accurate, is not complete, or is not current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information may not be current and is provided for your reference only.
We may change the Website, Portal, Online Store, Products, Services, or the Modern Ritual Content (defined below) at any time. We may discontinue offering our Website, Portal, Online Store, Products, or Services, and we may suspend or terminate your right to use our Website, Portal, Online Store, Products, or Services at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you.
All licenses and other rights granted to you by these Terms will immediately terminate upon termination of your right to use our Website, Portal, Online Store, Products, or Services or our termination of the Website, Portal, Online Store, Products, or Services. These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated, or canceled, respectively.
The Website, Portal, Online Store, Products, and Services; and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “Modern Ritual Content”) are owned by or licensed to Modern Ritual and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Modern Ritual and our licensors reserve all rights in and to our Website, Portal, Online Store, Products, Services, and the Modern Ritual Content.
Modern Ritual hereby grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Website, Portal, Online Store, Products, Services, and the Modern Ritual Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell our Products, Services, or the Modern Ritual Content; (b) copy, reproduce, distribute, publicly perform or publicly display Modern Ritual Content, except as expressly permitted by us or our licensors; (c) modify the Modern Ritual Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Website, Portal, Online Store, Products, Services, and the Modern Ritual Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Website, Portal, Online Store, Products, Services, and the Modern Ritual Content other than for their intended purposes. Any use of our Website, Portal, Online Store, Products, Services, and the Modern Ritual Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
The Website, Portal, Online Store, and Services may include links to third-party websites, resources, and advertisements (collectively, “Third-Party Sites”). We are not responsible or liable for the availability or accuracy of, and Modern Ritual and its Affiliated Medical Practices do not endorse, sponsor, or recommend any Third-Party Sites or the content, products, or services on or available from such Third-Party Sites. Your use of Third-Party Sites is at your own risk, and Modern Ritual and its Affiliated Medical Practices will not be liable for any losses arising out of or relating to Third-Party Sites.
Modern Ritual and its Affiliated Medical Practices make no representation that such Third-Party Sites are appropriate or available for use in any particular location. To the extent you choose to access such Third-Party Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Modern Ritual reserves the right to change, suspend, remove, or disable access to any Third-Party Sites at any time without notice. In no event will Modern Ritual or its Affiliated Medical Practices be liable for the removal of or disabling of access to any such Third-Party Sites. Modern Ritual may also impose limits on the use of or access to certain Third-Party Sites, in any case, and without notice or liability.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Any information and services provided by third-party electronic health record systems (“Third-Party EHRs”) are the sole responsibility of Third-Party EHRs. Modern Ritual and its Affiliated Medical Practices have no responsibility or liability for the information and services provided by Third-Party EHRs. Similarly, Third-Party EHRs have no responsibility or liability for the Services provided by Modern Ritual Affiliated Medical Practices. Third-Party EHRs and Modern Ritual have no agency, partnership, joint venture, or employee-employer relationship intended or created by these Terms or any relationship between these Third-Party EHRs and Modern Ritual.
Any information provided by Third-Party EHRs is designed to assist licensed healthcare practitioners in caring for Users and/or to serve Users viewing this service as a supplement to, and not a substitute for, the expertise, skill, knowledge, and judgment of healthcare practitioners. Healthcare practitioners should use their professional judgment in using the information provided. Third-Party EHRs do not assume any responsibility for any aspect of healthcare administered with the aid of information the Third-Party EHRs provide. You should ensure that you are familiar with and approve of the terms by which the Third-Party EHRs are governed.
Modern Ritual and its Affiliated Medical Practices have a policy of limiting access to the Website, Portal, Online Store, Products, and Services and terminating the Accounts of Users who infringe the intellectual property rights of others. If you believe that anything on the Website, Portal, Online Store, Products, or Services infringes any copyright that you own or control, you may notify us as follows:
Name: Skinvest, Inc.
Address: P.O. Box 146; 510 Meadowmont Village Circle, Chapel Hill, NC 27517
Telephone Number: 1-866-438-6712
E-Mail Address: hello@getmr.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website, Portal, Online Store, Products, or Services is infringing, you may be liable to Modern Ritual and its Affiliated Medical Practices for certain costs and damages.
WHILE WE ENABLE USERS AND PRACTICE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE NOT A PARTY TO TRANSACTIONS OR INTERACTIONS THAT MAY OCCUR BETWEEN USERS AND PRACTICE USERS, WHETHER ONLINE OR OFFLINE. IN ADDITION, WE ARE NOT RESPONSIBLE FOR AND WE EXPRESSLY DISCLAIM ALL LIABILITY THAT MAY RESULT FROM INFORMATION MADE AVAILABLE BY USERS AND PRACTICE USERS AND THE CONDUCT OF USERS AND PRACTICE USERS, WHETHER ONLINE OR OFFLINE. MODERN RITUAL DOES NOT SPONSOR, ENDORSE, RECOMMEND OR APPROVE OF ANY PRACTICE USERS. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY PRACTICE USER IS LICENSED, QUALIFIED, INSURED, OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE EXPERTISE, PROFESSIONAL QUALIFICATIONS, OR QUALITY OF WORK OF ANY PRACTICE USER, OR THE SUITABILITY, RELIABILITY OR ACCURACY OF THE PRODUCTS AND SERVICES THEY PROVIDE.
YOUR USE OF THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, AND MODERN RITUAL CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, AND MODERN RITUAL CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
MODERN RITUAL AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, AND MODERN RITUAL CONTENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, OR SERVICES. MODERN RITUAL MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY PRACTICE USERS, AND MODERN RITUAL SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY, OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY PRACTICE USER IN CONNECTION WITH SUCH SERVICES.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (A) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MODERN RITUAL CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. OUR SERVICES AND MODERN RITUAL CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND MODERN RITUAL AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR MODERN RITUAL CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
NO ADVICE OR INFORMATION PROVIDED TO YOU BY MODERN RITUAL WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, AND MODERN RITUAL CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, PORTAL, AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THEM ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT WILL MODERN RITUAL, MODERN RITUAL’S LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “MODERN RITUAL PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, OR MODERN RITUAL CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MODERN RITUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, MODERN RITUAL CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE MODERN RITUAL PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT YOU PAID MODERN RITUAL TO ACCESS OR USE THE SERVICES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) $50.
IN NO EVENT WILL THE MODERN RITUAL PARTIES BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A PRACTICE USER FROM WHOM YOU RECEIVE HEALTHCARE SERVICES. MODERN RITUAL IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PRACTICE USER PROVIDING HEALTHCARE SERVICES.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless the Modern Ritual Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
Modern Ritual reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
To the fullest extent permitted by applicable law, you release Modern Ritual and the other Modern Ritual Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MODERN RITUAL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 17 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Modern Ritual agree (a) to waive your and Modern Ritual’s respective rights to have any and all Disputes arising from or related to these Terms, or the Website, Portal, Online Store, Products, and Services, resolved in a court, and (b) to waive your and Modern Ritual’s respective rights to a jury trial. Instead, you and Modern Ritual agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
You and Modern Ritual agree that any Dispute arising out of or related to these Terms or the Website, Portal, Online Store, Products, and Services is personal to you and Modern Ritual, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Modern Ritual agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Modern Ritual agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.
You and Modern Ritual agree that these Terms affect interstate commerce and that the enforceability of this Section 29 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
You and Modern Ritual agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Modern Ritual shall be sent by certified mail or courier to P.O. Box 146; 510 Meadowmont Village Circle, Chapel Hill, NC 27517, United States. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Modern Ritual Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 13, and will include (d) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute, (e) a description in reasonable detail of the nature or basis of the Dispute, and (f) the specific relief that we are seeking. If you and Modern Ritual cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Modern Ritual may, as appropriate and in accordance with this Section 29, commence an arbitration proceeding or, to the extent specifically provided for in Section 29.1, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 17 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND MODERN RITUAL AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR MODERN RITUAL WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND MODERN RITUAL WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Modern Ritual agree that (a) any arbitration will occur in the State of Delaware, New Castle County, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Delaware and the United States, respectively, sitting in the State of Delaware, New Castle, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
As limited by the FAA, these Terms, and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 29, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained in this Section 29, are to be decided only by a court of competent jurisdiction and not by the arbitrator.
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any term, clause, or provision of this Section 29 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 29 will remain valid and enforceable. Further, the waivers set forth in Section 29.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by writing to: hello@getmr.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 30.
These Terms and our relationship with you will be governed by the laws of the State of Delaware, excluding its choice of laws rules. You and Modern Ritual each irrevocably agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the U.S. District Court for the District of Delaware, or the state courts located in New Castle County, Delaware. You and Modern Ritual each irrevocably consent to the personal jurisdiction of these courts and waive any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Modern Ritual agree that Modern Ritual may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
31.1. Inaccurate Information
The Website, Portal, Online Store, Products, or Services may contain typographical errors or other inaccuracies and may not be complete or current. Modern Ritual reserves the right, but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Modern Ritual may refuse to provide Products or Services that are based on inaccurate or erroneous information on the Website, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
31.2. Modification
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted on our Website. Your continued use of our Website will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.
31.3. Section Titles
The titles of the Sections of these Terms are for convenience only and will have no legal or contractual effect.
31.4. Assignment
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Modern Ritual without restriction.
31.5. Integration Clause
These Terms, along with any additional terms and conditions incorporated herein, constitute the entire agreement between you and us relating to our Website and the Modern Ritual Content and replace any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Website or the Modern Ritual Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Website or the Modern Ritual Content, the signed written agreement will control.
31.6. Waiver and Severability of Terms
The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision will be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms will continue to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to seek an injunction or other equitable relief without posting any bond.
31.7. Survival
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
31.8. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We encourage you to contact us if you have any questions concerning our Terms or if you would like to make a complaint.
- Please contact us at hello@getmr.com. replies are sent within 24 hours.
- You may call us at +1-866-438-6712. We are available every day from 10:00 AM – 6:00 PM central time.
- You may also contact us by mail. Our name and address are: Skinvest Inc.; P.O. Box 146; 510 Meadowmont Village Circle, Chapel Hill, NC 27517, United States.