Contact Us

Master Terms and Conditions

The master terms and conditions contained herein (“Master Terms and Conditions”) attach to and incorporate into each Sales Order (“Sales Order” or “Agreement”) placed by the purchaser (“Purchaser”) for SKNV product (“Product(s)”)
  • Effective Date: May 17, 2024
I.             SPECIAL CONSIDERATIONS
  1. No Patient Referrals. Purchaser and SKNV acknowledge that none of the benefits exchanged hereunder between the parties are conditioned on any requirement that any party make referrals to or be in a position to make or influence referrals to, or otherwise generate business for, the other parties.
  2. No Corporate Practice of Medicine. Payment of any fees under the Sales Order is not intended to be and may not be interpreted or applied as permitting SKNV and/or its designated agent to share in Purchaser fees for medical services or any other Moreover, nothing in the Sales Order constitutes the use of a medical license or the practice of medicine by anyone other than a licensed medical provider; aids SKNV or any other corporation to practice medicine when in fact such corporation is not licensed to practice medicine; or do any other act or create any other arrangements in violation of state laws governing the practice of medicine. SKNV and Purchaser specifically acknowledge that Purchaser is entirely independent of SKNV and is solely responsible for the diagnosis and treatment of patients and all other medical, professional, and ethical affairs of Purchaser and solely responsible for determining fees for professional medical services rendered by Purchaser and for the selection and control of medical professionals.
  II.            SHIPPING, STORAGE, REFUNDS, PRICE CHANGES AND OTHER APPLICABLE TERMS
  1. SKNV will determine the time, route and carrier of all shipments. Sales Orders will be subject to a service fee in an amount determined by SKNV if Purchaser requests expedited shipping, including overnight shipping.
  2. Order Cancellation, No Purchaser acknowledges and agrees that all Sales Orders are final and that SKNV will not issue any refunds for any Sales Orders (or any portion of any Sales Order) placed by Purchaser, regardless whether Purchaser cancels or attempts to cancel the order prior to receiving any Product.
  3. Chargeback Policy. Purchaser further acknowledges and agrees that, except in instances of fraud, it will not dispute or cause to be disputed any credit card charges for Sales Orders with its credit card In the event Purchaser breaches this Section, SKNV, in addition to all other remedies available to it under the Sales Order, shall be entitled liquidated damages of twenty-five (25%) of the total amount of the Sales Order, plus the full amount due to SKNV for the Sales Order.
  4. Price Sales Orders will be billed at prices in effect at the time the order is received. All prices are subject to change without notice. If SKNV changes the price of a Product, SKNV will not allow price adjustment for Product on hand or en-route to Purchaser because of a price change. SKNV reserves the right to rebill the Purchaser if it determines that the Purchaser was billed an incorrect price due to internal system errors.
  5. Formulary Changes. The formulary shown in SKNV’s catalog is that in use at the time of publication. SKNV reserves the right to make changes without notice.
  6. Taxes. The Purchaser is responsible for paying any tax that is applicable to the sale of any Product as of the date of shipment of such Product.
  7. Title to Product. Title to Product sold shall pass to the Purchaser upon delivery to the carrier at the point of shipment. However, unless the Purchaser designates the carrier, SKNV retains the risk of loss, shortage, breakage, or leakage until the Product is delivered to the Purchaser by the carrier.
  8. Storage and Handling. The Purchaser is fully and solely responsible for complying with all applicable federal, state, and local laws and regulations relating to the storage, handling, and distribution of such Products. Purchaser shall take such precautions as are necessary to prevent Product from falling into the hands of those who may not lawfully possess or handle Product, and shall fully comply with all applicable local, state, and federal laws and regulations. Notwithstanding anything to the contrary in these Master Terms and Conditions, SKNV shall have no liability to the Purchaser, and shall have no duty to indemnify the Purchaser, if Purchaser violates this Section.
  9. Beyond Use Date. All Products carry beyond use dates or expiration dates. Products shall not be dispensed or administered after the beyond use date printed on the Product label. SKNV will not issue refunds to Purchaser for any unused portion of Product that Purchaser fails to administer or dispense prior to the Product’s beyond use date. Notwithstanding anything to the contrary in these Master Terms and Conditions, SKNV shall have no liability to Purchaser, and shall have no duty to indemnify the Purchaser, if the Purchaser violates this Section.
  10. Claims for Loss, Shortage, Breakage, Leakage, or Other Damage in Shipments. Purchaser shall immediately report in writing to SKNV any in-transit loss or shortage of Failure to do so releases SKNV from any obligation to Purchaser to replace any such damaged or missing Product. Loss, shortage, breakage, or other damage claims must also be accompanied by freight bill with notation by the carrier of the loss, shortage, breakage, or damage. Claims submitted without appropriate documentation will be denied. Purchaser agrees to cooperate fully with SKNV in SKNV’ effort to establish a claim against the carrier. The sole and exclusive remedy of the Purchaser for loss, shortage, breakage, leakage, or other damage occurring in transit is SKNV reimbursement for affected Product, in an amount equal to the original price, and the opportunity to repurchase affected Product at the original price. Purchaser agrees that no other remedy (including, but not limited to, incidental, consequential, or other damages of any kind) shall be available.
  11. Claims for Defective or Incorrect Product. Claims for defective or incorrect product must be made, in writing, within fifteen (15) days of receiving The sole and exclusive remedy of the Purchaser for defective or incorrect Product is SKNV reimbursement for affected Product, in an amount equal to the original price, and the opportunity to repurchase affected Product at the original price. Purchaser agrees that no other remedy (including, but not limited to, incidental, consequential, or other damages of any kind) shall be available.
  12. Billing Claims. All claims involving pricing and billing shall be made within one (1) year of the date of shipment of the purchase in question. Failure to bring a claim within such time period shall constitute an absolute bar to recovery.
  III.             REPRESENTATIONS, WARRANTIES AND COVENANTS BY THE PURCHASER
  1. Purchaser, on behalf of itself and all of its members, directors, officers, partners, employees, agents, and contractors, represents, warrants and covenants that it complies, shall comply, and shall be solely responsible for complying with all applicable federal, state, and local laws, including regulatory guidance, applicable to administering and dispensing medications in- office and, further, agrees that it will obtain and maintain, and shall be solely responsible for obtaining and maintaining, all applicable licenses that may, from time-to-time, be required for in-office medication or dispensing. Purchaser agrees to provide SKNV and/or its designated agent with a copy of each license, permit, registration, or other document as applicable, promptly following SKNV’ request for same (but in no event later than five (5) business days following the request). Purchaser shall promptly notify SKNV (but in no event later than five (5) business days) following the termination or suspension of any license, permit or registration of the Purchaser or any of its members, directors, officers, partners, employees agents, and contractors, which is required for in-office medication administration or dispensing.
  2. Purchaser, on behalf of itself and all of its members, directors, officers, partners, employees, agents, and contractors, represents, warrants and covenants that it understands that the Product consists of bulk drug substances and, thus, is not eligible for reimbursement under Federal Health Care Programs (as that term is defined in 42 U.S.C. §1320a-7b(f)), any State Medicaid Program, Children’s Health Insurance Program or any other State-sponsored health insurance program (individually and collectively “Government Health Care Program”). Further, Purchaser covenants not to submit to a Government Health Care Program any claim for reimbursement for such Product.
  3. Purchaser, on behalf of itself and all of its members, directors, officers, partners, employees, agents, and contractors, represents, warrants and covenants that Purchaser will notify SKNV of any patient adverse reaction or complaint related to the Product to SKNV and will provide notification to patients receiving any Product for the reporting of any adverse reaction or complaints to SKNV.
  IV.             INDEMNIFICATION, LIMITATION OF LIABILITY
  1. Indemnification by SKNV. SKNV agrees to indemnify, defend and hold harmless Purchaser, and its members, directors, officers, partners, and employees (collectively, “Purchaser Indemnitees”), against all foreseeable third party claims, suits, demands, causes of action, investigations, administrative or regulatory proceedings, judgments, settlements, damages, costs or expenses, including reasonable attorney’s fees (collectively, “Purchaser Indemnitee Claims”) actually incurred by the Purchaser Indemnitees arising out of (i) bodily injury or death resulting from use of Products to the extent caused by the gross negligence of SKNV and or its designated agent(s); except to the extent such Purchaser Indemnitee Claims are caused by or result from the negligence, willful misconduct, or breach of the contractual obligations by Purchaser Indemnitees. Purchaser Indemnitees shall notify SKNV in writing of any Purchaser Indemnitee Claim for which indemnification is sought within thirty (30) days of such claim. Failure to provide such notice shall absolve SKNV of any indemnification obligations under this Agreement and shall be an absolute bar to recovery. SKNV shall have the right and option to undertake and control the defense of any such Purchaser Indemnitee Claim with counsel of its choice. SKNV shall select qualified counsel with demonstrable experience defending claims of the type to be defended and approved by the Purchaser Indemnitee(s), which approval shall not be unreasonably withheld. Purchaser Indemnitee(s) shall have the right to participate (but not control) and be represented in any suit or action by advisory counsel of its selection and its own expense. If SKNV elects not to exercise its option to control the defense of a Purchaser Indemnitee Claim, Purchaser Indemnitee(s) shall assume control and SKNV shall have the right to participate (but not control) and be represented in any suit or action by advisory counsel of its selection and its own expense. Neither Party shall concede or settle or compromise any Purchaser Indemnitee Claim without the prior written approval of the other Party, which shall not be unreasonably withheld.
  2. Indemnification by Purchaser. Purchaser agrees to indemnify, defend and hold harmless SKNV, and its members, directors, officers, partners, and employees (collectively, “SKNV Indemnitees”), against all foreseeable third party claims, suits, demands, causes of action, investigations, administrative or regulatory proceedings, judgments, settlements, damages, costs or expenses, including reasonable attorney’s fees (collectively, “SKNV Indemnitee Claims”) actually incurred by the SKNV Indemnitees arising out of any actual or alleged breach of Purchaser representations, warranties and covenants; except to the extent such SKNV Indemnitee Claims are caused by or result from the negligence, willful misconduct, or breach of the contractual obligations by SKNV Indemnitees.
  3. Limitation of Liability. IN NO EVENT SHALL SKNV BE LIABLE UNDER THIS AGREEMENT (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE) FOR LOSS OF PROFITS, REVENUE OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY PURCHASER OR ANY THIRD PARTY, EVEN IF SKNV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKNV’ LIABILITY, IF ANY, FOR DAMAGES TO PURCHASER FOR ANY CAUSE WHATSOEVER, INCLUDING INDEMNIFICATION, ARISING OUT OF OR RELATED TO THIS SERVICES AGEEMENT, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO PURCHASER’S ACTUAL DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY PURCHASER TO SKNV AND/OR ITS DESIGNATED AGENT(S) UNDER THIS AGREEMENT DURING THE TWELVE(12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THAT THE CAUSE OF ACTION AROSE.
  V.                CONFIDENTIALITY
  1. “Confidential Information” means any scientific, technical, business, or other data or information of the disclosing party that is disclosed under the Agreement that is generally regarded as confidential or proprietary, whether in electronic, written, or oral form and regardless of whether identified as “confidential” or “proprietary” or other similar designation. Confidential Information includes information about the disclosing party’s business, finances, and operations; business plans, strategies, and records or other information concerning customers, employees, independent contractors, independent consultants, and suppliers and vendors; compound formulas and formulations and compounded ingredients, including percentages and methods; computer programs and proprietary software, hardware, source code, and other information technology; and financial information, forecasts, and projections and records, including pricing, discounts, and payment terms, and information about actual or potential transactions conducted or contemplated.
  2. Standard of The receiving party will hold the Confidential Information securely and in strict confidence. Except as permitted below, the receiving party will not use or disclose the Confidential Information without the prior, written notice of the disclosing party.
  3. Permitted Uses. The receiving party may use the Confidential Information solely for the purpose of satisfying an obligation under the Agreement or to exercise a right or remedy thereunder, but at no time may the receiving party disclose Confidential Information to a third-party other than the receiving party’s employees or consultant with a need to know and are bound to the receiving party by a legally-enforceable obligation of confidence that is at least as restrictive as this Section.
  4. Exceptions. In the event that the Receiving Party is requested or required by oral questions, interrogatories, requests for information, or documents in legal proceedings, subpoena, civil or criminal investigative demand, or other similar process to disclose Confidential Information, the receiving party will notify the disclosing party in writing of such request or requirement and in a timely manner such that the disclosing party may seek a protective order or other appropriate remedy or waive compliance with this Section. Regardless of the foregoing, if the receiving party is legally required to disclose the Confidential Information, then the receiving party, without liability, may disclose only that portion of the Confidential Information that legal counsel advises is legally required to be disclosed.
  5. Exclusions. Confidential Information does not include any information that the receiving party receives from a third-party not under an obligation of confidentiality benefiting the disclosing party; is already in the public domain at the time of disclosure; or independently develops without the use of the Confidential Information.
  VI.           MISCELLANEOUS PROVISIONS
  1. The Agreement and the rights created in Purchaser thereunder are not assignable by Purchaser either voluntarily or by operation of law. The Agreement and the rights and obligations of SKNV hereunder are assignable by SKNV (i) to any affiliate or other entity that acquires all or substantially all of such Party’s assets or its business, upon notice to Purchaser; or (ii) to any other person or entity with the prior written consent of Purchaser; which consent may not be unreasonably withheld, conditioned or delayed.
  2. Independent Relationship. The Parties hereto acknowledge and agree that the relationship created between SKNV and Purchaser is strictly that of independent contractors with respect to the services described in the Nothing contained herein creates any other type of relationship between the Parties other than that of an independent contractor.
  3. Any notice required by the Agreement must be in writing. Notice is deemed received on delivery, if by hand; 1-business day after deposit with commercial courier, provided deposit is done timely to effect next business day delivery, if by commercial courier; or 3-business days after placing the notice in the U.S. mail, properly address and with sufficient postage for certified mail, return receipt requested. Delivery of notice via electronic mail is deemed given as of the date indicated in the applicable electronic delivery receipt.
  4. Governing Law and Venue. The laws of the State of Florida, without giving effect to its conflict of law provisions, govern the interpretation and construction of the Agreement. For any suit, action, or legal proceeding arising from the Agreement, each Party consents and submits to the jurisdiction and exclusive venue of the state courts of Broward County, Florida or the federal courts situated in the Southern District of Florida.
  5. Entire Agreement. The Agreement, including any addenda, amendment, attachment, exhibit, and schedule, constitutes the entire agreement between the Parties on the subject matter hereof and supersedes all oral and prior written representations, terms sheets, understandings, or Each Party, and its employees, contractors, agents, successors, and assigns, are bound by the terms of Agreement, which inure to the benefit of the other Parties, their successors, and assigns.
  6. Should there be any conflict between any provisions of the Agreement and any present or future law or other pronouncement having the force of law, including regulatory guidance, the latter will prevail, but the provision of the Agreement affected thereby will curtail and be limited only to the extent necessary to bring such provisions within the requirements of the law. The remaining provisions of the Agreement will remain in full force and effect.
  7. Damages and Cumulative Rights. The Parties agree that in the event that the Agreement is breached, or a Party threatens to breach, the non-breaching Party or Parties, in addition to any other legal or other relief available, will be entitled to obtain specific performance or other equitable, including injunctive, relief, without the necessity of providing actual damages and without the necessity of posting bond or other security. The rights and remedies set forth in the Agreement are in addition to any right or remedy provided by applicable law. All such rights and remedies are cumulative and not exclusive, and any failure by a Party to give notice or enforce any right under the Agreement, at law, or in equity, is not a waiver of the right unless reduced to a signed writing.

Platform Terms of Use

This is a legally binding agreement between you and SKNV LLC (“we,” “us,” “our” and “SKNV”) about your use of our platform and related services (collectively, our “Platform”). Your use of our Platform means that you have read, understand, and agree to these Platform Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE PLATFORM TERMS OF USE, THEN YOU MUST NOT USE OUR PLATFORM OR MUST STOP USING OUR PLATFORM IMMEDIATELY.
These Platform Terms of Use affect your legal rights, responsibilities, and obligations; govern your use of our Platform; are legally binding; limit our liability to you; and require you to indemnify us and to settle certain disputes through arbitration. Your acceptance of, and compliance with, these Platform Terms of Use is a condition to your use of our Platform. You understand and accept that we may, in our sole discretion, terminate your access to all or part of our Platform at any time, with or without cause, and with or without notice. These Platform Terms of Use do not apply to information collected by us through other sources. You can also request a copy of these Platform Terms of Use by contacting us.

These Platform Terms of Use cover the following:

  1. How our Platform Works (Including Where We Provide Services)
  2. Your Eligibility to Use Our Platform
  3. Prohibited Uses of our Platform
  4. Equipment and Operation
  5. Platform Privacy Policy and Security
  6. Consent to Electronic Communications
  7. Third-Party Content and Sites
  8. EMERGENCIES
  9. MEDICAL DISCLAIMER
  10. OTHER DISCLAIMERS, LIMITATIONS OF LIABILITY AND CLASS ACTION WAIVER
  11. INDEMNIFICATION
  12. Platform Ownership and its Content
  13. Term and Termination
  14. Changes to these Platform Terms of Use
  15. Governing Law and Jurisdiction
  16. Miscellaneous Terms
  17. Contact Information

1. How our Platform Works

Prior to accessing our Platform, you will be required to create your own individual code and unique username and password (collectively, an “Account”). You are responsible for your Account and for maintaining the confidentiality of your Account and your Account credentials. We will not be responsible for any loss of damage caused by you or someone else using your Account. You must notify us immediately of any unauthorized use of your Account or any other concern about your Account security.

2. Your Eligibility to Use Our Platform

To be eligible to use our Platform you represent and warrant that:
  • You have reached the age of legal majority where you live (which is currently eighteen (18) years old in most states) or are over the age of thirteen (13), but under the age of legal majority, and have the consent of your parent or legal guardian;
  • You reside and are located in the United States;

We provide services in the following states:

State Dispensing in Office Prescribers can purchase inventory from SKNV (503b) to dispense directly to patients at the time of visit when clinically necessary. Direct to Patient SKNV Pharmacy ships prescription medication after a healthcare provider evaluates the patient and prescribes a SKNV medication through their EMR system.
Alabama ✓ No
Alaska ✓ ✓
Arizona ✓ ✓
Arkansas No ✓
California No No
Colorado ✓ ✓
Connecticut ✓ ✓
D.C ✓ ✓
Delaware ✓ ✓
Florida ✓ ✓
Georgia ✓ ✓
Hawaii ✓ ✓
Idaho ✓ ✓
Illinois ✓ ✓
Indiana ✓ ✓
Iowa ✓ ✓
Kansas ✓ ✓
Kentucky ✓ ✓
Louisiana ✓ ✓
Maine ✓ ✓
Maryland ✓ ✓
Massachusetts No ✓
Michigan ✓ ✓
Minnesota ✓ ✓
Mississippi No ✓
Missouri ✓ ✓
Montana ✓ ✓
Nebraska ✓ ✓
Nevada ✓ ✓
New Hampshire No ✓
New Jersey ✓ ✓
New Mexico ✓ ✓
New York ✓ ✓
North Carolina ✓ ✓
North Dakota No ✓
Ohio ✓ ✓
Oklahoma ✓ ✓
Oregon ✓ ✓
Pennsylvania ✓ ✓
Rhode Island ✓ ✓
South Carolina ✓ ✓
South Dakota ✓ ✓
Tennessee ✓ ✓
Texas No ✓
Utah ✓ ✓
Vermont ✓ ✓
Virginia ✓ ✓
Washington ✓ ✓
West Virginia ✓ ✓
Wisconsin ✓ ✓
Wyoming ✓ ✓
  • You are not currently restricted from using our Platform;
  • Any information you have provided is accurate and complete and you will maintain and update promptly any changes in this information and you will only provide complete and accurate information to us;
  • You will comply with any and all laws and regulations applicable to your use of our Platform;
  • You have full power, legal capacity and authority to enter into these Platform Terms of Use; and
  • You agree to comply with these Platform Terms of Use.
If you do not meet all of these requirements, you must not access or use our Platform.

3. Prohibited Uses of Our Platform

You are prohibited from doing any of the following in connection with our Platform:
  • Using our Platform for any illegal, unethical, abusive, offensive, harassing, or unsolicited purpose;
  • Using our Platform to advertise, sell, or make a profit;
  • Copying or publishing any Platform material in any media, selling, sublicensing, and/or otherwise commercializing any Platform material;
  • Publicly performing and/or showing any Platform material without our express prior written permission;
  • Using our Platform in any way that is damaging to our Platform, that impacts other user access to our Platform, or otherwise attempt to interfere with the proper working of our Platform;
  • Misrepresenting your identity, providing false information, impersonating another person or entity, or misrepresenting your relationship with a person or entity, or attempt to use another person’s Account;
  • Attempting to gain unauthorized access to our Platform;
  • Engaging in any data mining, data harvesting, data extraction, or any other similar activity in relation to our Platform or while using our Platform;
  • Violating or attempting to violate the security of our Platform, including, without limitation, by accessing data not intended for you; attempting to probe, scan, or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization; using any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data from our Platform; attempting to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code; use of any device, software, or routine to interfere or attempt to interfere with our Platform or any activity being conducted on our Platform; or otherwise circumvent other measures we may use to prevent or restrict access to our Platform;
  • Having any antivirus or antispyware software running that is set to override the Internet browser’s cookies setting;
  • Using our Platform while operating a motor vehicle;
  • Engaging in or promoting any act or activity contrary to any applicable local, state, or federal law; and
  • Assisting a third party in engaging in any of these prohibited activities.
This is a private Platform. Unauthorized use of our private Platform may violate the Computer Fraud and Abuse Act.

4. Equipment and Operation

You shall provide and maintain all software, hardware, Internet connection and other equipment and services necessary to access our Platform, and the costs of any such equipment and/or connections or use, including any applicable taxes, shall be borne solely by you.

5. Platform Privacy Policy and Security

Please read our Privacy Policy to learn how personal information about you is collected, used, and shared. By agreeing to these Platform Terms of Use and/or by using our Platform, you are also agreeing to our Platform Privacy Policy. Our Platform Privacy Policy (and changes to it) are incorporated by reference into these Platform Terms of Use. The security of your personal information is important to us. We take reasonable steps to keep your personal information secure, but we need your help. It is your responsibility to protect your personal information, your Account and other information by using strong passwords, exiting our Platform when you are not using it, keeping secret your Account credentials (including without limitation, individual code, username and password) and other information related to your Account, and taking other reasonable steps to protect your privacy. You should use particular caution when accessing our Platform from a public or shared computer so that others are not able to view or record your Account credentials or other personal information. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security that you become aware of involving and relating to our Platform by contacting us at [email protected]

6. Consent to Electronic Communications

When you use our Platform, or send e-mails, messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically to the contact information you provide to us, including without limitation any email addresses, physical addresses or phone numbers provided to us. For example, if you provide your mobile number to us, you agree to be contacted via phone call or text message by (or on behalf of) us at the mobile number you have provided. Please note that emails from your personal account and text messages through your device’s Short Message Service (“SMS”) (or other text messaging applications) and notifications may not be secure (not encrypted). There is a risk that an unauthorized person may get access to and read these communications. You accept all risks associated with unsecure communications and will not hold us or our licensors, affiliates, business partners and customers responsible or liable if others get access to these communications. By giving us your phone number and email address, you further agree to receive text messages, calls and emails from us and our licensors, affiliates, business partners and customers that may include information about your use of our Platform and the services we are providing to you, your health information. You also agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

7. Third Party Content and Sites

From time to time, our Platform may contain references or links to third-party materials and sites not controlled by us, such as third-party publications (collectively, “Third-Party Content”). Any views expressed by third parties on our Platform are solely the views of such third party. We provide such information and links as a convenience to you, and does not endorse such sites or any content, products or information offered on such sites. Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply our endorsement or recommendation of such. We shall have no responsibility or liability for any Third-Party Content, including but without limitation, any medical and healthcare treatment information. Without limiting the foregoing, we are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through our Platform. You are responsible for evaluating whether you want to access or use Third-Party Content, including without limitation going to a third-party site. You use Third-Party Content at your own risk and agree that these Platform Terms of Use do not apply to your use of any third-party sites. You should review any applicable terms of use and privacy policy of third-party sites before visiting or sharing any information with such a site.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY THIRD-PARTY CONTENT (IN WHOLE OR IN PART).

8. EMERGENCIES

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL ASSISTANCE, YOU SHOULD DIAL “911” OR CONTACT YOUR NEAREST EMERGENCY MEDICAL PROVIDER.

9. MEDICAL DISCLAIMER

WE DO NOT ENGAGE IN THE PRACTICE OF MEDICINE. WE ARE NOT A CLINICAL PROVIDER OF MEDICAL, BEHAVIORAL OR EMERGENCY SERVICES. WE ARE NOT AUTHORIZED OR QUALIFIED TO ENGAGE IN ANY ACTIVITY THAT MAY BE CONSTRUED OR DEEMED TO CONSTITUTE THE PRACTICE OF MEDICINE.

10. OTHER DISCLAIMERS, LIMITATIONS OF LIABILITY AND CLASS ACTION WAIVER

DISCLAIMERS OF WARRANTY:

WE DO NOT GUARANTEE THE AVAILABILITY OF OUR PLATFORM AND DO NOT GUARANTEE THAT INFORMATION ON OUR PLATFORM WILL BE ACCURATE, COMPLETE, TIMELY (REAL TIME), ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS. YOU UNDERSTAND AND AGREE THAT OUR PLATFORM, ANY SERVICES PROVIDED THROUGH OUR PLATFORM, AND ALL THE MATERIALS ACCESSIBLE ON OUR PLATFORM (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO OUR PLATFORM, ANY SERVICES PROVIDED THROUGH OUR PLATFORM, OR THE MATERIALS ACCESSIBLE ON OUR PLATFORM (INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT), AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, OUR WARRANTIES AND CONDITIONS WITH RESPECT TO OUR PLATFORM, SERVICES AND MATERIALS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

LIMITATIONS OF LIABILITY:

YOU UNDERSTAND AND AGREE THAT WE (INCLUDING WITHOUT LIMITATION OUR MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES AND AGENTS) AND OUR LICENSORS, AFFILIATES, BUSINESS PARTNERS AND CUSTOMERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR PLATFORM, INCLUDING YOUR ABILITY TO USE OUR PLATFORM, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF OUR PLATFORM, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF RELATING TO YOUR VIOLATION OF THESE TERMS OF USE.

WE DISCLAIM RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH OUR PLATFORM, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR PLATFORM IS TO STOP USING OUR PLATFORM OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS PLATFORM OR THE MATERIALS ON THIS PLATFORM. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF OUR PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH ACTION WILL BE PERMANENTLY BARRED.

YOU ALSO UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY’S ACTS OR FAILURE TO ACT.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR EXCLUSIONS OR LIMITATIONS ON CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE EXCLUSION OR LIMITATION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

CLASS ACTION WAIVER:

YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED IN ACCORDANCE WITH THESE PLATFORM TERMS OF USE AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.

Severability; Modification; Survival:

Each provision of these Platform Terms of Use that provides for a disclaimer of warranties, exclusion or limitation of liability, or waiver is to allocate the risks between the parties. Each of these provisions is severable and independent of all other provisions of these Platform Terms of Use. If applicable law does not allow for a disclaimer, exclusion, limitation, or waiver (or any portion thereof) as set forth in these Platform Terms of Use, the disclaimer, exclusion, limitation, or waiver will be deemed modified solely to the extent necessary to comply with applicable law. This Section will survive the termination or expiration of these Platform Terms of Use.

11. INDEMNIFICATION

EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS SKNV (INCLUDING WITHOUT LIMITATION OUR MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES AND AGENTS) AND OUR LICENSORS, AFFILIATES, BUSINESS PARTNERS AND CUSTOMERS, FROM ANY AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, COSTS, OR EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS, THAT MAY ARISE FROM OR IN CONNECTION WITH (1) YOUR USE OF, OR ACTIVITIES IN CONNECTION WITH, OUR PLATFORM, (2) ANY VIOLATIONS OF THESE PLATFORM TERMS OF USE BY YOU OR SOMEONE WHO IS USING YOUR ACCOUNT, (3) ANY OTHER CONTENT OR MATERIAL YOU SUBMIT OR OTHERWISE TRANSMIT THROUGH OUR PLATFORM; AND (4) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. IF YOU FAIL TO PROMPTLY INDEMNIFY AND DEFEND A CLAIM, WE SHALL HAVE THE RIGHT TO DEFEND OURSELVES, AND IN SUCH CASE, YOU SHALL PROMPTLY REIMBURSE US FOR ALL OF OUR ASSOCIATED COSTS AND EXPENSES. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO DEFENSE BY YOU.

This Section will survive the termination or expiration of these Platform Terms of Use.

12. Platform Ownership and its Content

Our Platform and all its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, pictures, icons, images, audio clips / sound files, other files, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “SKNV Content”), are all proprietary and owned or controlled by us, our licensors, and certain other third parties. You are granted a limited, nonexclusive, nontransferable, non-sublicensable revocable license only to use the SKNV Content for your personal use and subject to the restrictions in these Platform Terms of Use. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Platform or otherwise relating to SKNV (“Feedback”) to us. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and we shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information or protected health information and you are not entitled to any compensation or reimbursement of any kind from us under any circumstances relating to such Feedback. All rights not expressly granted to you in these Platform Terms of Use are reserved and retained by us and our licensors, suppliers, publishers, rights holders, and other content providers. Accordingly, you may not modify, copy, distribute, reproduce, publish, retransmit, disseminate, rent, lease, loan, sell, publish, broadcast, display, circulate, or use the SKNV Content, in whole or in part, for any purpose that has not been authorized or approved in writing by us, including but not limited to commercial purposes. You are also strictly prohibited from publicly displaying the SKNV Content; attempting to decompile or reverse engineer the SKNV Content; removing any copyright, trademark, or other proprietary notations from the SKNV Content; framing or utilizing framing techniques to enclose or deep-link to the SKNV Content; applying metatags or “hidden text” to the SKNV Content; or otherwise infringing upon the intellectual property rights of SKNV or misusing our Platform.

13. Term and Termination

These Platform Terms of Use are effective immediately between you and us upon your access to and use of our Platform. The then-current version of these Platform Terms of Use will remain in full force and effect while you use our Platform. Your request and ability to access and use our Platform is not guaranteed. If you violate these Platform Terms of Use, your ability to use our Platform will be terminated. We may also in our sole discretion turn off your access to our Platform without notice for any reason or no reason. You may terminate these Platform Terms of Use by terminating your use of our Platform and any related electronic communications initiated through our Platform. Rights and obligations which by their nature should survive will remain in full force and effect following termination or expiration of these Platform Terms of Use, including without limitation all disclaimers, limitations on liability, class action waiver, and indemnification.

14. Changes to these Platform Terms of Use

We may change these Platform Terms of Use at any time and for any reason. You can access the most current version of these Platform Terms of Use that apply to your use of our Platform. You can also contact us for a copy. Any changes to these Platform Terms of Use will be effective immediately upon posting and you agree to the new posted Platform Terms of Use by continuing your use of our Platform. It is your responsibility to check periodically for any changes we may make to these Platform Terms of Use. If you do not agree to the changes, you must stop using our Platform immediately.

15. Governing Law and Jurisdiction

Use of this Platform is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing our Platform illegal. Users in such jurisdictions visit and use this Platform entirely at their own risk. Florida law governs the interpretation of these Platform Terms of Use and our Platform Privacy Policy, and will apply if there are disputes, without reference to its choice of law rules. We each consent to the jurisdiction and venue in Broward County, Florida, and waive any objections to such jurisdiction and venue; provided, however, that we shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. You further agree that we may decide if disputes will be settled through an arbitration process, and any such arbitration process will be chosen by us.

16. Miscellaneous Terms

Supplemental Terms Required by Apple or Google.

Entire Agreement; Order of Priority. These Platform Terms of Use, including any legal notices and disclaimers contained on our Platform, constitute the entire agreement between SKNV and you in relation to your use of our Platform, and supersede all prior agreements and understandings with respect to our Platform. You agree that you have not relied on any promises or representations by us except as set forth in these Platform Terms of Use. If there is any conflict between these Platform Terms of Use and any other rules or instructions posted on our Platform, these Platform Terms of Use shall control. Amendment. No amendment to these Platform Terms of Use by you shall be effective unless acknowledged in writing by us. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to modify these Platform Terms of Use or the policies referenced herein at any time as set forth above. Remedies; No Waiver; Reservation of Rights. You agree that in no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Platform, or any other materials issued in connection therewith, or exploitation of our Platform or any content or other material used or displayed through our Platform. Our failure to insist upon or enforce any provision of these Platform Terms of Use shall not be construed as a waiver of any provision or right. These Platform Terms of Use do not limit any rights that we may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to us pursuant to these Platform Terms of Use or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to us. Assignment. We are permitted to assign, transfer, delegate, and subcontract our rights and/or obligations under these Platform Terms of Use without any notification or consent required. You are not permitted to assign, transfer, delegate, or subcontract any of your rights and/or obligations under these Platform Terms of Use. Force Majeure. We will not be deemed to be in breach of these Platform Terms of Use or liable for any breach of these Platform Terms of Use or our Platform Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster. Survival. Any sections or Platform Terms of Use which by their nature should survive or are otherwise necessary to enforce the purpose of these Platform Terms of Use, will survive the termination of these Platform Terms of Use and termination of our Platform. Severability. If any provision of these Platform Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Platform Terms of Use unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions. Headings. All headings included in these Platform Terms of Use are included for convenience only, and shall not be considered in interpreting these Platform Terms of Use. Translations. These Platform Terms of Use are written in the English language. We do not guarantee the accuracy of any translated versions of these Platform Terms of Use. To the extent any translated versions of these Platform Terms of Use conflict with the English language version, the English language version of these Platform Terms of Use will control.

17. Contact Information

If you have questions, please contact us at: [email protected] We do not guarantee that we will receive such communications timely and accurately and are not legally obligated to read, act on, or respond to any such email or other information in a specified time frame.