DERM DERM BEAUTY ®
Last Updated: March 29,2020
Thank you for visiting our website!
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTES/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
THE SITES ARE ONLY INTENDED FOR VIEWING IN THE CONTINENTAL UNITED STATES, IF YOU ARE EIGHTEEN (18) YEARS OR OLDER, AND NOT A MINOR IN YOUR STATE OF RESIDENCE. If you are not an intended viewer, kindly do not use or view any of the Sites. DermDerm Beauty does not permit or advise any minor to make a purchase on our Sites. All purchases of our products should be performed by any individual 18 years of age, or older.
CHANGES TO SITE/TERMS.
We may, at any time, revise these Terms, by updating these Terms. The “Last Updated Date” at the top of this Agreement will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the Sites constitutes your agreement to any modified Terms, and you should therefore visit the Terms, to review the current Terms, from time-to-time.
Company may add, change, discontinue, remove or suspend any portion of the Sites at any time, without notice. We reserve the right, in our sole discretion, to add, modify, alter, or otherwise change these Terms at any time without prior notice (”Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on this Sites so that they are accessible via a link from the home page, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
Furthermore, unless explicitly stated otherwise, any new features or services, which augment or enhance the Sites in the future, shall be considered part of the Sites, and subject to these Terms. We reserve the right, at any time, and from time-to-time to interrupt, restrict, modify, suspend, discontinue, temporarily, or permanently, any or all of the Sites (or any portion thereof), with or without notice to you, and you agree that Derm Derm Beauty shall not be liable to you, or any third-party, for any modification, suspension, or discontinuance, of any or all of the Sites. The amended terms shall be effective immediately after they are posted on Dermderm.com. If you do not accept the amended terms, you must cease using this Sites immediately. Moreover, we may terminate these Terms, for any or no reason, and with, or without notice to you. Your rights under these Terms will terminate automatically without notice from us, if you fail to comply with any provision of these Terms. Upon termination of these Terms, you shall cease use of all Sites.
Certain features of the Sites may require you to download content, software, and/or agree to additional terms and conditions, policies, and disclaimers (collectively, “Additional Terms”), which are hereby incorporated by reference into these Terms, unless expressly set forth otherwise, in such Additional Terms. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control, with respect to that specific feature.
NOTE: THESE TERMS APPLY ONLY TO THESE SITES; OTHER WEBSITES PROVIDED BY ESSENTIAL BEAUTY, MAY HAVE SEPARATE TERMS AND CONDITIONS, WHICH APPLY TO THE USE OF THOSE SITES.
DESCRIPTION OF THE SITES.
The Sites contain information regarding Derm Derm Beauty and its products, services and promotional programs, including advertising, Derm Derm Beauty (as defined below), pictures, information, digital images, featured articles, surveys, applications, contests and sweepstakes, and other content (collectively, “Content”), all of which is protected under copyright law and/or other federal and state laws. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented.
The Derm Derm Beauty products and services described on the Sites contain uniquely American specifications and equipment and are offered only in the continental U.S.A. The promotional programs offered on the Sites are only available in the continental U.S.A. and may be limited to particular states as described by the terms of such programs.
OWNERSHIP OF CONTENTS/LICENSE.
This Sites and all of its past, current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the “look and feel” of the Sites, and any other form of intellectual property (collectively, the “Content”) is owned by or licensed to Company or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Sites.
These Sites are for personal, non-commercial use. Any other use of the Sites requires the prior written consent of Kaiyon USA. ALL DERM DERM BEAUTY PURCHASES ARE FOR CONSUMER USE ONLY. PRODUCTS MAY NOT BE RESOLD. Dealer orders will NOT be accepted. Derm Derm Beauty reserves the right to restrict dealer activity and accounts and to not process dealer orders.
NO OFFER TO SELL.
All of the information contained in the Sites is for informational purposes only, and in no way constitutes an offer to enter into any transaction, or other product or service. The purchase of any product or service shall be subject to the terms and conditions of the applicable sale or retail installment contract. Any Suggested Retail Price listed on any of the Sites is in U.S. dollars only, and exclude tax, title, license and registration. Actual price(s) may vary. The Sites shall not be used or relied upon by you, as a substitute for information that is available to you from an authorized medical provider or dealer.
NO MEDICAL OR PERSONAL ADVICE.
Use of this Service is not meant to serve as a substitute for professional medical advice. Derm Derm Beauty encourages you to discuss the use of any goods, products, or information received from this Site, with your physician, prior to using, or relying on them. Your doctor should address any and all medical questions, concerns, and decisions, regarding the possible treatment, of any medical condition. Kaiyon USA does NOT give, and DOES NOT INTEND to give any answers &/or advice to medical-related questions. We do not represent ourselves as, or in any way imply that we are medical doctors/professionals. IF YOU ARE IN NEED OF MEDICAL ATTENTION &/OR ARE HAVING A MEDICAL EMERGENCY/REACTION, YOU SHOULD IMMEDIATELY CALL 911 (OR YOUR PHYSICIAN IF OF A LESS URGENT NATURE).
The opinions expressed on the Site and by The Doctors are published for educational and informational purposes only, and are not intended as a diagnosis, treatment or as a substitute for professional medical advice, diagnosis and treatment. Please consult a local physician or other health care professional for your specific health care and/or medical needs or concerns.
The Site does not endorse or recommend any commercial products, medical treatments, pharmaceuticals, brand names, processes, or services, or the use of any trade, firm, or corporation name is for the information and education of the viewing public, and the mention of any of the above on the Site does not constitute an endorsement, recommendation, or any favoritism.
The Sites, its Content (including any information provided by users) is for informational purposes only, and is not intended to replace, or substitute for any professional medical, financial, legal, or other advice. Company, and the affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the “Company Entities”) make no representations, or warranties, and expressly disclaim any and all liability, concerning any treatment, or action by any person, following the information offered, or provided within, or through the Sites. If you have specific concerns, or a situation in which you require professional, or medical advice, you should consult with an appropriately trained and qualified specialist.
The Sites are solely an online store, for specialty-related products, and it provides additional educational information, on issues of interest to our customers. Our only intention is to help you make a decision regarding a purchase, and does NOT replace any medical professional or medical resource for advice specific to any individual. No prescription medications, or medical treatments, are intentionally provided on the Sites.
Company operates this Sites in the United States. Information contained on this Sites may not be appropriate or available for use in other locations, and access to this Sites where the content of the Sites may be illegal is prohibited. If you access this Sites from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms any Additional Terms or your use of this Sites must be filed in the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Los Angeles, City of Los Angeles, State of California for any cause of action arising under these Terms or related to the Sites.
We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by this Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
PROMOTIONAL OFFERS AND SITE-WIDE SALES
This Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
Certain products are excluded from offers. Each product detail page indicates if the promotion does not apply. Sale pricing, promotional codes and other special offers cannot be applied toward prior purchases. Promotional codes may not apply to already discounted items. Cash back, mileage or rebate offers from Derm Derm Beauty partners may not be valid on select products, during a private sale or with some promotional codes. Cash back, mileage or rebate offers are only recognized from the single partner visited immediately prior to purchase. E-Gift Certificates are ineligible for discount. All prices and promotions are subject to change without prior notice. Prices in our printed catalog may no longer apply. Some promotional codes and offers are specific to single marketing partners, and can only be used when referred by that partner, and within the conditions and parameters of the promotion.
Your credit card will be billed at the time that your order is placed.
All our purchases are backed by a 100% satisfaction guarantee. You may return all items within 30 days, if returned within our guidelines. Please see our return policy for more information.
All transactions on the Site, including purchases and refunds, are made in US Dollars.
We only collect sales tax for orders shipped to: California, Washington, and Ohio. However, depending on the state in which you reside, you may be responsible for state sales tax for your order, regardless of whether this sales tax was collected by Derm Derm Beauty.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND RELATED COMPLAINTS.
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. Company encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Company has a designated agent for receiving notices of copyright infringement and Company follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
If you believe that any content on the Sites contains content that violate your rights other than copyrights, please provide Company at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send: (a) your notice of claims of copyright infringement on or regarding the Sites, or (b) a complaint regarding alleged violation of rights other than copyrights, to Company’s copyright agent.
Unless otherwise indicated, all of the Sites materials—including, without limitation, all designs, text, graphics, and other files, and the selection and arrangement thereof—are the proprietary and copyrighted property of Derm Derm Beauty. Derm Derm Beauty grants you a limited license to access and make personal use of the Sites (including making electronic copies and printing to hard copy portions of the Sites for informational, non-commercial, purposes only), and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Derm Derm Beauty. This license does not include any resale or commercial use of the Sites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any other use of materials found on the Site—including any reproduction, duplication, copying, sale, resale, visitation, or other exploitation for commercial use; reproduction for purposes other than described above; or modification, distribution, republication, display, or performance—without the prior written permission of Derm Derm Beauty is strictly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Derm Derm Beauty without express written consent. Further, by submitting any and all information, data, text, messages, instructions, or other materials of any kind (“Content”), you specifically grant us an exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on the Sites. No Content can be copied, scraped, or used in any fashion without the explicit written permission of Derm Derm Beauty.
All Derm Derm Beauty trademarks are the registered property of Derm Derm Beauty and or its licensors. Such trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Derm Derm Beauty. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners and may not be used without prior written permission.
Derm Derm Beauty or its affiliates own all right, title, and interest, and/or have a valid right to use and sublicense the Sites and all Content on the Sites, including, without limitation, all trademarks, service marks, logos and trade names used on the Sites (collectively, “Trademarks”).
Derm Derm Beauty grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Sites (including the Content and Mobile Services (as defined below)) for your own personal non-commercial use, subject to your compliance with these Terms, including, without limitation, the restrictions on use of the Sites. Derm Derm Beauty may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
Derm Derm Beauty reserves the right at any time, and from time to time, to modify, suspend, discontinue or permanently cancel any or all of the Sites’ operation, or portions thereof, with or without notice to you. You acknowledge and agree that Derm Derm Beauty will not be liable to you or any third party for any such modification, suspension, discontinuation or cancellation of any or all of the Sites’ operation.
REPEAT INFRINGER POLICY
Derm Derm Beauty respects the intellectual property of others, and we ask our users to do the same. Derm Derm Beauty may, in appropriate circumstances and at its own discretion, limit access to the Sites and/or terminate the accounts of any users who infringe the intellectual property rights of others.
You understand and agree that Company will determine your compliance with these Terms or Any Additional Terms in its sole discretion. Company reserves the right to deny access to all or part of the Sites to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Sites, or upon demand by Company, you must destroy all materials obtained from this Sites and all related documentation.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT:
If you believe that any material on the Sites infringes upon any copyright which you own or control, or that any link on these Sites directs users to another websites that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent. Written notification must be submitted to either to the following address: 3700 Wilshire Blvd. Suite 610,Los Angeles,CA,92010
To be effective, the Notice must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Sites are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the service provider (“Service Provider”) to locate the material;
4. Information reasonably sufficient to permit the Service Provider to contact the Complaining Party, such as an address, telephone number, and if available, an email address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to: (1) provide certain current, complete and accurate information about yourself as prompted to do so by the Service; and (2) maintain and update this information as required to keep it current and complete. Derm Derm Beauty shall have the right to use your information in accordance with the terms of the Derm Derm Beauty Privacy Statement. Providing inaccurate or false data may result in the termination of your User Account and your right to use the Service. You acknowledge that you are solely responsible for your use of the Service including but not limited to all content that you post or upload through the Service. You agree not to post, upload, email, transmit, distribute or otherwise publish on or through the Service any of the following:
• Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, negligent, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, misleading, or that impersonates any person or entity or otherwise misrepresents your status or affiliation with a person or entity;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law;
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
• Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers, without the express permission of such party and in full compliance with all applicable laws and Derm Derm Beauty policies applicable to such information;
• Viruses, corrupted data or other harmful, disruptive or destructive files;
• Unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail, chain letters and spam; and
• Content that, in the sole judgment of Derm Derm Beauty, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which exposes Derm Derm Beauty or its employees, Sites partners’ contributors, or other users to any harm or liability of any type. Prohibited use of this Service may result in, among other things, the termination of your User Account and your rights to use the Service.
All of the products purchased on the Service should be used in accordance with the manufacturer’s instructions, precautions and guidelines. If any minor uses any goods or product from Derm Derm Beauty it should be only after the legal or parental guardian has discussed this product with the minor’s doctor.
USER ACCOUNT, USERNAME, PASSWORD AND SECURITY.
SIGN UP TO RECEIVE INFORMATION; ACCOUNT REGISTRATION.
You may opt-in to receive marketing materials from Derm Derm Beauty, including news and special event and new vehicle information. If you opt-in you may be asked to provide your Personal Information (as defined below) to us so we can fulfill your request. It is completely voluntarily to opt-in to receive these materials.
If you opt-in to receive information from Derm Derm Beauty, you agree to provide true, accurate and complete information about yourself as prompted by the online or mobile forms. You may also have the opportunity to register for an account on the Sites (“Account”) to access and use certain features of the Sites, including certain applications offered by Derm Derm Beauty and certain specially-tailored products and services (e.g., for Derm Derm Beauty Owners). If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Sites and/or to suspend or terminate your Account.
We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about Derm Derm Beauty and/or the Sites.
Your selection and use of an Account username and password, and any other information required for security access and authentication purposes, are subject to these Terms. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account comply fully with these Terms. You acknowledge and agree that any use of your Account through your username, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your Account.
You agree that Derm Derm Beauty is not responsible for maintaining the confidentiality of your Username, Password and Account (with the exception of those assurances provided in the Derm Derm Beauty Privacy Statement) and that you are responsible for all activities that occur with respect to your User Account including maintaining the confidentiality of your Username, Password and Account information. You agree to defend, indemnify and hold harmless Derm Derm Beauty from any liability or expense arising from your misuse of the User Account. You agree to immediately notify Derm Derm Beauty of any unauthorized use of the User Account or any other breach of security known to you.
LICENSE/USE OF USER CONTENT.
USER CONTENT SUBMISSION POLICY.
As used in the Terms, “Affiliates” means Company’s parent company(ies), and its and their related companies, subsidiaries, licensors, divisions, affiliates, directors, officers, partners, agents and assigns.
You represent, warrant and agree not to do any of the following while visiting or using the Sites:
1. Transmit any content, information, or software that is unlawful, plagiarizes, or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), or any other intellectual property, proprietary right or any other rights of any third party;
2. Defame, harass, stalk, sexually exploit, violently exploit, act violently toward or otherwise abuse or violate the legal right of another user;
3. Upload, post, e-mail, transmit, display, distribute, promote or otherwise make available (collectively, “Transmit”) any material: (i) that is profane, false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of Company or the Affiliates); (ii) contains any negative comments that pertain to an individual’s race or national origin, gender, sexual preference, religion or physical handicap; (iii) that adversely affects Company or Affiliates business such as discouraging any person or entity from advertising with, linking to or supplying Company or Affiliates; (iv) is vulgar, indecent, sexual, obscene or pornographic; (v) that promotes violence, racial hatred, terrorism or illegal acts; (vi) contains the personal information of a third party; or (vii) is otherwise objectionable (as determined by Company in its sole discretion);
4. Transmit material of any kind that contains viruses, Trojan horses, time bombs, worms, spyware, adware, corrupted files, bots, any automated use of the system, such as scripts, or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Sites, interferes with or disrupts the Sites or servers or networks connected to the Sites or disobeys any requirements, procedures, policies or regulations of networks connected to the Sites or take any steps to, on or in connection with the Sites that deactivates any copy protection devices, programs or utilities;
5. Impersonate any person or entity including, without limitation, a Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity
6. Disguise the origin of any content transmitted through the Sites or to Company, including forging or manipulating any TCP/IP packet header or any part of the header information in any transmission to the Sites for any reason;
7. Except in areas specifically designated for such purposes, transmit any unsolicited or unauthorized advertising, promotional materials, or offer to sell any goods or services for any commercial purpose (unless Company consents in writing), to insert links to Sites that facilitate unauthorized access to copyrighted content, or transmit any junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation or offer for sale of any products or services;
8. Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law, rule or regulation or otherwise make available any material that exploits or harms any individual, corporation or other entity;
9. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. Solicit or collect personal data including, without limitation, telephone numbers, addresses, last names or email addresses, about other users; most notably from anyone under 18-years of age;
11. Upload, download or transmit any file that you know or reasonably should know cannot be legally used or obtained in such manner;
12. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
13. Restrict or inhibit any other user from using and enjoying any public area within our Sites;
14. Interfere with or disrupt the Sites, servers, or networks;
15. “Bot,” “hack,” “crack” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Sites.
You are solely responsible for your interaction with other users of this Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
MONITORING OF SERVICE BY DERM DERM BEAUTY.
Derm Derm Beauty reserves the right, in its sole discretion, to monitor and review any activity, messages, uploaded files, chats, forums or other Content associated with the Service and reserves the right to authorize restrictions on access thereto.
You acknowledge that Derm Derm Beauty has no obligation to screen or monitor any of the messages, postings or other Content posted on or using the Service, that Derm Derm Beauty does not exercise editorial control over any such Content and that Derm Derm Beauty shall have no responsibility or liability of any kind in connection with such Content or for any mistakes, omissions, defamation, slander, libel, falsehoods, obscenity, pornography or profanity you may make or encounter while using the Service. The Content generated by users (via reviews, product questions/answers, etc.) does not reflect the opinion of Derm Derm Beauty. Derm Derm Beauty may, but is not obligated to, do any of the following:
• Remove, screen, edit, filter or refuse to post any Content that it determines, in its sole discretion, may be harmful or offensive to others, may violate the rights of others or that are otherwise inappropriate or objectionable for any reason;
• Investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate;
• Access, preserve and disclose any information it considers necessary or appropriate in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Derm Derm Beauty’s systems and customers, or to ensure the integrity and operation of Derm Derm Beauty business and systems, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
• Terminate, restrict or suspend your access to the Service or to any interactive areas for any reason.
From time to time, Derm Derm Beauty may run a giveaway or sweepstakes promotion related to the submission of product reviews. These enter-to-win promotions are in no way related to the content of any review.
INFORMATION YOU SUBMIT.
Forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas on the Sites (”User Forums”) are provided to give users a forum to express their opinions and share their ideas and information. Users may be able to upload or otherwise submit information, data, software, messages, suggestions, photographs, audio, video, text, and other materials through User Forums and other Sites features (“User Content”) for posting on the Sites. Company and Affiliates (defined below), and any third party who may offer or operate User Forums through the Sites, and their third party service providers (collectively, “User Forum Operators”), do not endorse the content, including, without limitation, any of User Content, posted in User Forums or otherwise on the Sites. User Forum Operators reserve the right, but are not obligated, to reject, delete, move or edit User Content in whole or in part, for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to the Sites and pursue all legal remedies if we believe your User Content infringes another’s copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for User Content, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in User Content and that User Content will comply with these Terms.
User Content is your sole responsibility. This means that you, and not Company or any third party, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Sites. If you post personal information in User Forums or on other publicly available areas of the Sites then you may receive unsolicited communications or messages from third parties. Company cannot ensure the security of any information you post on the Sites. Under no circumstances will we be liable in any way for any of User Content including, but not limited to, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content. You represent that User Content is an original work by you or you have all necessary rights in it to submit it to Company under the terms of these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these Terms or any Additional Terms.
You acknowledge that User Forum Operators undertake no obligation to pre-screen User Content, but that they have the unfettered right (but not the obligation), in their sole discretion, to modify, edit, transmit over various networks, refuse, move, block access to, or remove any of User Content. User Forum Operators might or might not post User Content, and are not required to do so. Also, User Forum Operators may discard or destroy User Content at any time, without any notice or liability to you. You agree that you must evaluate, and bear all risks associated with, the use of any of User Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. You understand that you may bear legal responsibility for others’ exposure to any offensive, indecent, or objectionable content in User Content.
You understand that by using the Sites, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Derm Derm Beauty does not endorse or have control over what is posted as User Content. User Content is not reviewed by Derm Derm Beauty prior to posting and does not reflect the opinions or policies of Derm Derm Beauty. Derm Derm Beauty makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Sites. Derm Derm Beauty assumes no responsibility for monitoring the Sites for inappropriate submissions or conduct, but reserves the right to do so. If at any time Derm Derm Beauty chooses, in its sole discretion, to monitor the Sites, Derm Derm Beauty nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the users or Visitors submitting any such User Content. Notwithstanding the foregoing, Derm Derm Beauty and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in Derm Derm Beauty’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. Derm Derm Beauty may store User Content indefinitely. However, Derm Derm Beauty has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Sites users and Visitors. Derm Derm Beauty reserves the right, but has no obligation, to monitor disputes between you and other Sites users and Visitors. Derm Derm Beauty reserves the right to terminate your access to the Sites if Derm Derm Beauty determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback on the Sites. Any comments, suggestions, or feedback relating to the Sites (collectively “Feedback”) submitted Derm Derm Beauty shall become the property of Derm Derm Beauty. Derm Derm Beauty will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, services, application, site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Sites, or its operations or business, in the future. Without limitation, Derm Derm Beauty will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Derm Derm Beauty, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
Please note that, generally, User Content will be accessible by other users of the Sites. Please be sure that any User Content that you post on any publicly accessible portion of the Sites (including any online diary entry or entries that you choose to share with others, either via the Sites or by e-mailing the entry or entries to your friends or families) is information that you are comfortable sharing with others.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or Derm Derm Beauty. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error.
The Sites may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access Sites’ features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Message and Data Rates and other fees may be charged by your carrier. Fees and charges will appear on your mobile phone bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile phone or other mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., “STOP,” “CANCEL,” “END,” “UNSUBSCRIBE,” “QUIT,” etc.) to the applicable short-code for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile phone or other mobile device regarding Company or other parties. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Company of any changes to your mobile number and update your account on the Sites to reflect this change.
Any software that we make available for download or use from the Sites and/or our servers (the “Software”) is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by Additional Terms. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH SOFTWARE.
THIRD-PARTY SITES AND CONTENT.
Derm Derm Beauty may provide links to web pages and content of third parties (“Third Party Content”), as a service to those interested in this information. Derm Derm Beauty does not monitor, approve, or have any control over any Third Party Content or third party websites. Derm Derm Beauty does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Derm Derm Beauty does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. You agree that your use of these links and Third Party Content contained therein is at your own risk.
Derm Derm Beauty reserves the right to change any and all content including product prices contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Derm Derm Beauty.
THIRD-PARTY PRODUCTS AND SERVICES AND LINKS.
The Sites may contain links to other Websites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by us, and none of the Derm Derm Beauty Entities (as defined below) are responsible for any Third-Party Sites accessed through the Sites or any Third-Party Applications, Software or Content posted on, available through or installed from the Sites, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by us (or any of the other Derm Derm Beauty Entities).
If you decide to leave any of the Sites and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that, unless otherwise indicated, these Terms and any other Derm Derm Beauty terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site and any Third-Party Applications, Software or Content to which you navigate from any of the Sites or relating to any applications you use or install from any of the Sites.
We may also make available or provide access to products, services, or applications of Third Parties. Such products, services, and applications shall be purchased and/or obtained directly from such Third Party. NO DERM DERM BEAUTY ENTITY SHALL BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS OF THIRD PARTIES. NO DERM DERM BEAUTY ENTITY SHALL BE RESPONSIBLE FOR THE CONTENTS OF ANY WEB SITE OR MOBILE SITE LINKED TO THE SITES, AND THE FACT SUCH LINKS ARE PROVIDED ON THE SITES DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEB SITE OR MOBILE SITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEB SITE OR MOBILE SITE IS AT YOUR OWN RISK.
Any Visitor including a link to the Sites or any Content or other information on any Third-Party Site or in any Third-Party Applications, Software or Content must follow the Guidelines for External Sites set forth herein.
If you would like to use Content or information or provide a link to any part of any of the Sites from any Third-Party Site or in any Third-Party Applications, Software or Content, you must read and agree to comply with the following guidelines and all applicable laws.
External Third-Party Site Use of Derm Derm Beauty Information.
Third-Party Sites must have prior written approval before using any text, trademarks, graphics, photographs, or other materials or content from any Derm Derm Beauty source, such as any of the Sites, and other websites, brochures or other media operated or provided by any Derm Derm Beauty Entity.
Third-Party Sites and Third-Party Applications, Software or Content may use brand or model names in Web site text only to the extent reasonably necessary to identify Derm Derm Beauty products. Any other use of any Derm Derm Beauty Trademark is prohibited without prior written Derm Derm Beauty approval.
External Third-Party Site Naming Guidelines.
Third-Party Sites and Third-Party Applications, Software or Content may not use a brand, product name or other confusingly similar word or group of letters in a domain name that is similar to any Trademark of Derm Derm Beauty and/or its affiliated companies without prior written Derm Derm Beauty approval.
Third-Party Sites and Third-Party Applications, Software or Content must not in any way imply that Derm Derm Beauty is endorsing it or its products or services; must not misrepresent its relationship with Derm Derm Beauty; must not present false information about Derm Derm Beauty; must not be a Web site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and must not be a website that contains content that could be construed as distasteful, offensive or controversial.
Linking to any of the Sites.
Third-Party Sites and Third-Party Applications, Software or Content may not use links to any part of any of the Sites in any way that implies sponsorship by or affiliation with Derm Derm Beauty. Furthermore, when linking to any part of the Sites, the Third-Party Site and Third-Party Applications, Software or Content may not appear as a frame within the applicable page(s) of the Sites that provides the link or appear in any way that makes the destination site appear to be content belonging to the site containing the link.
External Third-Party Site Disclaimer.
Any Third-Party Site and Third-Party Applications, Software or Content using Content, information from or linking to any part of the Sites must include a prominently displayed disclaimer on the homepage stating that such Third-Party Site is not authorized by or affiliated with Derm Derm Beauty.
DISCLAIMER OF WARRANTIES.
You understand and agree that your use of the Sites is solely at your own risk; and that you will be solely responsible, for any damage to your mobile device, or computer, or any other equipment, or loss of data that may result from your use of the Sites.
The Sites, Materials in the Site, and the Content are provided on an “AS IS,” and “AS AVAILABLE” basis, without any warranty of any kind, expressed, implied, or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEDICAL SPA SKINCARE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MEDICAL SPA SKINCARE DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Derm Derm Beauty makes no warranties that the Sites, or any Content, or other material obtained through herein, will meet your requirements, or that the Sites will be uninterrupted, timely, secure, non-infringing, or error-free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for access to, or use of the Sites, including any Mobile Services. No advice or information, whether oral or written, obtained by you from us, or through the Sites, shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility, for any performance degradation, interruption, or delays of any of the Sites, or errors or omissions in any Content, or other materials, on or through the Sites. We do not make any warranty or representation that your use of the material displayed on, or obtained through, the Sites is non-infringing of any rights of any third party.
Any decision, or action taken by you, on the basis of information, or content provided on the Sites, is at your sole discretion and risk. We are not responsible, or liable for any such decision, or for the accuracy, completeness, usefulness, or availability, of any content displayed, transmitted, or otherwise made available, on the Sites.
LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY.
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE SITES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE SITES, ANY OF THE SITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES OR THE CONTENT. FURTHER, COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES.
INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE SITES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITES AS SET FORTH BELOW:
NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
UNDER NO CIRCUMSTANCES SHALL COMPANY ENTITIES AND INDIVIDUALS, BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THIS SITES AND ITS CONTENT, SOFTWARE OR USER CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITES (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE SITES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN DOLLARS ($.50).
YOUR ACCESS TO AND USE OF THIS SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITES, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS AFFILIATES OR USER CONTENT, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY SITES, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR USER CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THIS SITES, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: ““A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
IN NO EVENT SHALL DERM DERM BEAUTY, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE; ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY, OR RESULTING FROM, RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DERM DERM BEAUTY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE; WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DERM DERM BEAUTY RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT, SHALL THE AGGREGATE LIABILITY OF DERM DERM BEAUTY (WHETHER IN CONTRACT, WARRANTY TORT—INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF, OR RELATING TO, THE USE OF THE SITE, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DERM DERM BEAUTY, FOR USE OF THE SERVICE.
INDEMNITY AND HOLD HARMLESS.
You agree to defend, indemnify and hold harmless Derm Derm Beauty, and its parent, subsidiaries and affiliates, and their respective distributors, dealers, dealer associations, and advertising and promotions agencies, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders (collectively, “Derm Derm Beauty Entities”, each a “Derm Derm Beauty Entity”), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Sites, your breach, or alleged breach, of any of these Terms, or your breach, or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EACH DERM DERM BEAUTY ENTITY, FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND, RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF ANY OF THE SITES.
You agree to defend, indemnify and hold harmless Derm Derm Beauty, and its officers, directors, employees, agents, independent contractors, service providers and consultants from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney’s fees) arising out of your use of the Site, and any discussion forums, or interactive areas contained herein; including, without limitation: any actual, or threatened suit, demand, or claim made against Derm Derm Beauty and/or its independent contractors, service providers, or consultants; arising out of, or relating to your use of this Site, any information or materials you submit, your violation of these Terms and Conditions, or your violation of the rights of any third party.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Sites, the Content, the Software and User Content, including, without limitation, those governing your transmission or use of any software or data. These Terms and any applicable Additional Terms contain the sole and entire agreement between the parties with respect to the Sites, the Content, the Software and User Content and supersede any and all other prior written or oral agreements between them. You agree that these Terms or any Additional Terms will not be construed against Company by virtue of having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
(a) Notices and Announcements: Except as expressly provided otherwise herein, all notices to Derm Derm Beauty shall be in writing and delivered via overnight courier or certified mail, return receipt requested to: 3700 Wilshire Blvd. Suite 610, Los Angeles, CA, 90010.
(b) Severability: If any provision of these Terms is deemed unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
(c) Applicable Law: These Terms and any disputes arising under or related to these Terms will be governed by the laws of the State of California, without reference to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to the Sites Terms and Conditions or your use of the Sites shall be filed only in the state and federal courts located in Los Angeles, California. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Terms and Conditions or your use of the Sites.
(d) Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Sites and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.
(e) Waiver: The remedies of Derm Derm Beauty set forth in these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under these Terms shall not constitute a waiver of such right.
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
It is Derm Derm Beauty goal that the Sites meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Derm Derm Beauty is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Derm Derm Beauty, you acknowledge and agree that you will first give Derm Derm Beauty an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to Derm Derm Beauty3700 Wilshire Blvd. Suite 610, Los Angeles, CA, 90010
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Sites and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Derm Derm Beauty Entities’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Derm Derm Beauty Entities and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by JAMS. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Derm Derm Beauty as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Derm Derm Beauty agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT.
If you do not agree to this mandatory arbitration provision with regard to your use of any of the Sites, then prior to accessing and/or using any of the Sites, you may opt-out of this part of the Terms by calling the Derm Derm Beauty Customer Service Center at 657-456-2791 or sending written notification to the following address Derm Derm Beauty 3700 Wilshire Blvd. Suite 610, Los Angeles, CA, 90010.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND MEDICAL SPA SKINCARE BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the Application or this Agreement be instituted more than three (3) years after the cause of action arose.
If you have any questions, comments, complaints or claims about any of the Sites, or if you are having any technical difficulties with any of the Sites, please email Customer Service at email@example.com, or call us at 657-456-2791; or by mail at: 3700 Wilshire Blvd. Suite 610, Los Angeles, CA, 90010.
OTHER COMPLAINTS AND COMMENTS TO MEDICAL SPA SKINCARE.
Communication to Derm Derm Beauty with respect to any product or service complaint should be directed to the applicable Derm Derm Beauty .Customer Services at 657-456-2791, and not through the Sites. Please do not submit ideas or suggestions regarding current or future Derm Derm Beauty products, promotions or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions.
DERM DERM BEAUTY
Privacy and Cookie Notice
Last Updated: March,29.2020.
Derm Derm Beauty (“Derm Derm Beauty”, “we”, “us”, or “our”) is committed to maintaining your confidence and trust as it relates to the privacy of your information. Please read all information and learn how we collect, protect, share and use your information, as part of our platforms, including, without limitation, our websites, web pages, interactive features, applications, Twitter, Facebook and other social media networks, and mobile applications (“Platforms”). Platforms are intended only for the United States residents. We take your privacy seriously, no matter how you access our Platforms
• We collect personal information you choose to provide, which may include: your name, mailing address, email address, and phone number, together with certain demographic information from you, in connection with surveys, or from commercially available services.
• We collect and store “usage information” about how you use our Sites, such as the name of your Internet service provider, the browser, and type of machine you are using, the IP address, and the WebSites that referred you to us, and the pages you visit, to help manage the Sites.
Information We Collect Automatically.
• Usage Information. Whenever you visit, or interact with the Platforms, we, as well as, any third-party advertisers, and/or service providers, may use a variety of technologies that automatically, or passively, gather information about how the Platforms are accessed and used (“Usage Information”). Usage Information may include: browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features, or applications on the Platforms, such as, interactions with friends and group activities. This information helps us keep our Platforms fresh and interesting to our visitors, and allows us to tailor content to a visitor’s interests. Usage Information is generally non-identifying, but if Derm Derm Beauty associates it with you, as a specific and identifiable person, Derm Derm Beauty treats it as Personal Information.
• Device Identifier. We automatically collect your IP address, or other unique identifier (“Device Identifier”) for the Device (computer, mobile phone, tablet or other device), you use to access the Platforms. A Device Identifier is a number that is assigned to your Device when you access a website, or its servers, and our computers identify your Device, by its Device Identifier. We, and our vendors, may use a Device Identifier to, among other things, administer the Platforms, help diagnose problems with our servers, analyze trends, track users’ web page movements over time, and across different websites, help identify you, and your shopping cart, and gather broad demographic information, for aggregate use.
• Cookies; Pixel Tags. The technologies used on the Platforms to collect Usage Information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit the Platforms), mobile analytics software and pixel tags (transparent graphic images, sometimes called web beacons or tracking beacons, placed on a webpage, or in an email, which indicates that a page, or email has been viewed). Cookies may also be used to associate you with social networking sites, like Facebook, and Twitter, and, if you so choose, enable interaction between your activities on the Platforms, and your activities on such social networking sites. We, or our vendors, may place cookies or similar files on your Device, for security purposes, to facilitate Sites navigation, and to personalize your experience, while visiting our Platforms (such as, allowing us to select which ads, or offers are most likely to appeal to you, based on your interests, preferences, location or demographic information). A pixel tag may tell your browser to get content from another server.
• To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu, or other instructions related to your browser. If you do disable, or opt out of receiving cookies, please be aware that some features and services on our Platforms may not work properly, because we may not be able to recognize, and associate you with your Derm Derm Beauty account(s). In addition, the offers we provide when you visit us, may not be as relevant to you, or tailored to your interests. If you block, or delete cookies, not all tracking that we have described in this privacy statement will stop. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently setup to respond to those signals.
Uses and Sharing.
• We use personal information to provide you with services or information you request, such as new product information alerts, promotions and mailed brochures.
• We also use personal information when you request to participate in promotional activities such as sweepstakes, contests, games, special events, blogs and chats.
• We share personal information with our service providers, and business partners to assist us in fulfilling your requests, and providing features and services for the Sites.
• We also share personal information with companies affiliated with Derm Derm Beauty, and our authorized dealers, and their holding companies, advertising associations, and distributors, for their own use.
• We, Web publishers, and other Websites on which we advertise, may target advertisements for products and services, in which you might be interested, based on your visits, to both the Sites, and other Websites.
• Children’s Privacy. Derm Derm Beauty does not seek information from children under the age of 13.
• Phishing Scams. Derm Derm Beauty will never ask you to update your personal information through email.
Your Choices and Access.
• You have the right to have a copy of the personal information you provide.
• You have the right to correct or update your personal information.
• You may instruct Derm Derm Beauty to remove you from our programs you have subscribed to, by using the unsubscribe link provided in our email programs, or by contacting us.
How to Contact Us.
• To contact us with a question, call us at: 657-456-2791 or mail your inquiry to:
Derm Derm Beauty
3700 Wilshire Blvd. Suite 610
Los Angeles, CA 90010.
CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
• If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: firstname.lastname@example.org or write to us at the following mailing address: 3700 Wilshire Blvd, Suite 610, Los Angeles, CA 90010. You must put the statement “Your California Privacy Rights” in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.