Effective as of September 2016
CAREFULLY READ AND AGREE TO THE TERMS BELOW:
ATTENTION: This is a binding legal agreement between you, the person or entity agreeing to the terms contained in this document (“you”, “your” or “Customer”), and Dermaclear (“Company” or “Dermaclear”), the owner and administrator of the website located at www.dermaclearpro.com, and any and all of its sub-pages (collectively, the “Website”) regarding your use of the Website along with related services, features, content, and offers provided on the website.
- This Agreement will take effect (or shall re-take effect) at the time you click “I AGREE”, submit information through this Website, respond to a request for information, and/or begin installing, accessing, or using the Website, whichever is earliest. It is suggested that you print this Agreement for your personal records.
- Dermaclear reserves the right, in its sole discretion, to make changes to the Website, and to revise, amend, or modify this Agreement and its other policies and agreements that govern your use of the Website and an individual’s access to this Website at any time and in any manner, or to terminate this Website without prior notice to you. Accordingly, you should periodically check this page for any modifications of these Terms. Your continued access or use of the Website shall be deemed your acceptance of these changes.
- If you do not agree to be bound by these Terms, you may not enter, access or use the Website, or purchase any products through this Website, and you should exit the Website immediately. By accessing, using or ordering products through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of your state, province or country.
LICENSE GRANT AND RESTRICTIONS
Subject to your continued strict compliance with the terms and conditions of this TOU, Dermaclear provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferable license to use the Website. You may download and print materials and information from the Website solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Website shall be determined by Dermaclear in its sole and absolute discretion; (ii) Dermaclear has the right to control and direct the means, manner, and method by which the Website is provided; (iii) Dermaclear may, from time to time, engage independent contractors, consultants, or subcontractors to aid Dermaclear in providing the Website or use thereof; and (iv) Dermaclear has the right to provide the Website to others. In addition, you hereby acknowledge and agree that this TOU provides you with only a limited license to access and use the Website. Accordingly, you hereby acknowledge and agree that Dermaclear transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else under this TOU. Dermaclear hereby reserves any and all intellectual property rights not otherwise expressly granted in this TOU. In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Except where prohibited by law, you and Dermaclear agree that any dispute between (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to Website, the Services or Materials provided through Website, any transaction or relationship between resulting from your use of Website, communications between, or the purchase, order, or use of products, that cannot be resolved through an informal process or through negotiation within 120 days shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where Company has a principal business address or such other location where Company mutually agree. Company may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Dermaclear agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Dermaclear further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Dermaclear will reimburse you for any standard filing fee which may have been required by AAA once you have notified Dermaclear in writing and provided a copy of the arbitration proceedings. However, if Dermaclear is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Dermaclear. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated on a class wide, representative basis, or with other arbitration(s) or other proceedings that involve any claim or controversy of any other party. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Dermaclear and may not preside over any kind of representative or class proceeding against Dermaclear, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the State and Federal Courts in California.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST DERMACLEAR, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL IN WRITING, NOT USE PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR ORIGINAL DATE.
ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS.
- Legal Age Requirement. You must be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is older) to purchase items from the Website. By placing an order through the website, you represent that you are at least 18 years old or the age or majority (whichever is older) and that the person to whom the Merchandise will be delivered is also the age of majority. Dermaclear reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing Merchandise may require further the signature of an adult possessing valid picture identification issued by a government agency providing that he or she is at least 18 years old or the age or majority, whichever is greater.
- Ordering Merchandise through the Website. All orders placed through the Website are subject to Dermaclear’s acceptance. After your order has been placed, Company will provide you with an email confirming receipt of your order. The confirmation you receive does not constitute acceptance of your order. Rather, Company is only confirming receipt of your order. Dermaclear may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Dermaclear, Company will issue you a refund. If you do not receive confirmation that your order has been placed, please contact Customer Service Department at 800-519-5346 [email protected] Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of shipping policies, which are summarized herein.
While Company want everyone to be able to enjoy Merchandise, Company may, in sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons Company may do so include, but are not limited to, the following:
- Orders that, in sole discretion, appear to be placed by dealers, resellers or distributors of merchandise.
- Orders that appear to be shipped to a freight forwarding company for reshipment.
- Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. Company cannot process orders for several reasons including, but not limited to:
- Incorrect credit or debit card information such as a card number, expiration date and card security value;
- Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
- Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
- Orders, in sole discretion, that Company suspect to be fraudulent. Company reserve the right to cancel or not accept any orders that Company suspect to have been placed as a result of fraudulent activity. Company further reserves the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
- Orders connected to previous credit card disputes.
Merchandise Offers and Modifications. Merchandise is offered in varying packages as follows:
1 Dermaclear for $39.99
2 Dermaclear for $59.99
3 Dermaclear for $79.99
Terms of Automatic Replenishment Program:
When you enroll in Automatic Replenishment Program, Company will send you 1 bottle (a 30 day supply) of Dermaclear (“Product”), and your credit card provided today will be charged $39.99 (USD). Unless you call to cancel within 14 days of you purchase date, beginning 30 days after you place your order, you will be charged $39.99 for the product and you will be enrolled in Automatic Replenishment Program. Thereafter, you will receive a fresh 30-day supply of Dermaclear every 30 days unless you call to cancel. Each 30-day supply costs $39.99 and is charged to the same card used at the time of your initial order. You can cancel your trial or enrollment in the Automatic Replenishment Program at any time by [email protected] calling 800-519-5346. customer service team is available between the hours of 9:00am and 4:00pm PST to help with any needs!
By proceeding with your purchase, you acknowledge and agree that Company will not obtain additional authorization from you for each future installment of the $39.99 automatic shipment program that will be charged to the payment card you provided initially. In addition, you do not hold responsible for any overdraft charges or fees which you might incur during the ongoing auto-ship program.
Company reserve the right to modify the prices charged for the Merchandise, or to add or remove any Merchandise from the Website at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored. Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.
Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain products and/or resources, participation in certain events or programs, and/or to specific portions or features of the Website, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Website, including any areas to enable the on-line purchase of items or for any program, event or service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website. Dermaclear’s obligations, if any, with respect to its services, events, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such terms, conditions, notices, and agreements.
- Shipping Policy. All orders are shipped via United States Postal Service First Class Mail or by UPS mail to the address you provide at the point of sale. Company ship within 1-3 days of when you place your order. Orders placed on the weekend will be shipped the following business day. Packages sent to the US are scheduled to arrive within 3-5 business days. Please be advised that shipments are not sent out on Saturdays, Sundays, or any U.S. Federal Holidays. Company does not guarantee arrival dates or times.
- Refund and Return Policy.
100% Money Back Guarantee.
Company provides a 30-day Money Back Guarantee for Dermaclear (less shipping and handling).
The 30-day Money Back Guarantee applies only to original order only and product purchased directly through website (Dermaclear.com) or placed through toll-free phone order line. Product purchased elsewhere from Amazon.com, EBay or other Internet sites are subject to the return policies of that particular website or store and you must contact them to claim any guarantees they may offer. Company will refund the original product price ONLY.
To claim your Money Back Guarantee:
Email at [email protected] or call toll free at 1-800-519-5346 and inform you would like a refund.
Company will need:
1. Invoice number
2. Name of customer who placed order
3. Date order was placed
- Cancellation of Future Orders. If you wish to cancel future deliveries of Merchandise you must contact Customer Service Department at 800-519-5346 Monday-Friday from 9am-4pm PST or [email protected] and request that such future shipments be terminated. When emailing, please include your full name and address, as well as the name of the Merchandise that you ordered. Your request for termination, whether by phone or email, will be processed within 3-5 business days; however, you will be responsible for payment for any Merchandise that has either A) already been shipped to you or B) already been delivered to you at the time of your call.
- Reversals and Chargebacks. Company considers charge backs and reversals as potential cases of fraudulent use of services and/or theft of services and as such will be treated. Company reserves the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and/or theft of services.
- Billing & Customer Support. If you have any questions, please contact Customer Service Department toll-free at 800-519-5346 or email at [email protected] When emailing, please include your full name and address, as well as the name of the Product(s) that you ordered. Customer Service Department is open Monday-Friday 8am-4pm Pacific Standard Time.
- Company endeavor to provide you with accurate information about products. Company does not warrant or represent that such information is error-free. All product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the products will conform to such specifications or performance data.
- Company does not warrant or represent that products will provide you with any particular benefits, or that your results will match those of others who use products.
- THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. DERMACLEAR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE WEBSITE. MOREOVER, DERMACLEAR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DERMACLEAR MAY, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE, MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE.
OWNERSHIP; INTELLECTUAL PROPERTY.
- The www.dermaclearpro.com website is Copyrighted 2016 dermaclearpro.com and/or its licensors. All rights reserved. Dermaclear also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, information, or materials available through this Website and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Dermaclear and/or its suppliers.
- All names, logos, and icons identifying Dermaclear, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by Dermaclear, and any use of such marks without the prior express written permission of Dermaclear is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- Dermaclear hereby reserves any and all intellectual property rights in the Website materials not otherwise expressly granted in this Agreement. Nothing contained in this Website should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Website without the written permission of Dermaclear, or the respective owner of the trademark.
You hereby represent and warrant that:
- You are age eighteen or older or the legal age of majority in your jurisdiction of primary residence, whichever is greater;
- You have read this Agreement and understand the terms contained in this Agreement;
- Any products you purchase from the Website will be used for your personal, non-commercial use;
- You will not re-sell, re-distribute or export any product that you order from the Website;
- You will, at all times, provide true, accurate, current, and complete information when submitting information to the Website, including, without limitation, when you provide any information to Dermaclear via an email or any registration or submissions form found on the Website. If you provide any false, inaccurate, untrue, or incomplete information, Dermaclear reserves the right to, in its sole discretion immediately and without notice, terminate your access to and use of this Website and/or cancel any of your pending product purchases or registrations with Dermaclear;
- You will abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Website;
- You acknowledge and agree that use of the Internet and this Website are solely at your own risk. While Dermaclear has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from the Website over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Dermaclear is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these issues; and
- Dermaclear may contact you by email, telephone or postal mail for any purpose relating to your use of the Website and purchase of any of its products, including, but not limited to, (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
- Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, any materials from the Website or the Website itself. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website. The use of any such material on any other website or computer environment is prohibited.
Moreover, without the express prior written authorization of Dermaclear, you may not:
- Frame or utilize any framing techniques in connection with the Website or any of the Materials;
- Use any meta-tags or any other “hidden text” using the Website’s name or marks;
- Attempt to gain unauthorized access to (a) any portion or feature of the Website, (b) any other systems or networks connected to the Website, (c) any Dermaclear server, or (d) to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means;
- Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- Use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Website;
- Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein;
- Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure;
- Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website;
- Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Dermaclear on or through the Website;
- Use the Website to harvest or collect e-mail addresses or other contact information; or
- Use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Dermaclear.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY DERMACLEAR TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
POSTINGS AND PERMISSIONS TO USE POSTINGS.
The Website, and/or any social media page controlled by Dermaclear that is accessible directly through the Website (each, a “Dermaclear Social Media Page”), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, “Forum”). To the extent the Website and/or any Dermaclear Social Media Page contains any such Forum, you agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you provide information via a Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Dermaclear reserves the right to terminate immediately your access to and use of this Website. In addition, you hereby acknowledge and agree that when using the Website and/or any Dermaclear Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:
- anything that interferes with or disrupts the operation of the Website and/or Dermaclear Social Media Page,
- anything that violates any laws or regulations or infringes or violates the rights of any person or entity, including Dermaclear,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Dermaclear,
- statements or material that misrepresents your affiliation with any entity and/or Dermaclear,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and
- statements or material that is “off-topic” for a designated Forum.
You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”), including but not limited to success stories, testimonials, feedback, and/or photographs, to a Forum or by otherwise using the Website and/or a Dermaclear Social Media Page to transmit or display a Posting, you automatically grant Dermaclear a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub-licensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You agree to waive any and all moral rights in the Postings. You agree that by making a Posting, such Posting is not confidential for all purposes and Dermaclear shall not be liable for any use or disclosure of such Posting or others. You hereby represent that you have all necessary rights to make the Posting available to Dermaclear and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Dermaclear has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Website and/or a Dermaclear Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Website and/or a Dermaclear Social Media Page, Dermaclear has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Dermaclear assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
ENFORCING SECURITY ON THE WEBSITE.
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Dermaclear reserves the unqualified right to view, monitor, and record activity on the Website without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Website is subject to review by law enforcement organizations in the sole and absolute discretion of Dermaclear. Dermaclear will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Dermaclear reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Website or any portion thereof.
THIRD PARTY PRODUCTS, SERVICES AND LINKS.
TERM & TERMINATION.
- This Agreement will take effect (or shall re-take effect) at the time you click “I AGREE”, submit information through this Website, respond to a request for information, place an order, register, and/or begin installing, accessing, or using the Website, whichever is earliest.
- This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website.
- The provisions concerning Dermaclear’s permission to use Postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, and governing law will survive the termination of this Agreement for any reason.
LIMITATION OF LIABILITY; NO WARRANTIES.
- You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. Dermaclear is not responsible for technical or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions.
In no event shall Dermaclear or its affiliates, subsidiaries, parents, assignees, licenses, and their respective officers, directors, employees, subcontractors (collectively, “Released Parties”), be liable to you, whether in contract, tort, strict liability, warranty or otherwise (collectively, “Claims”), for any direct or indirect, special, incidental, exemplary, consequential or punitive damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity), arising from or related to this Agreement, the products or services, or Customers’ use of the Website or any product. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
- Notwithstanding the foregoing, You agree that Dermaclear’s entire liability for all Claims related to the use of the Website, Dermaclear’s Services and Materials, Dermaclear’s products, and/or any program or event made available through the Website shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money you paid to Dermaclear in the one (1) month period immediately preceding the incident on which your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether Dermaclear was aware of or advised in advance of the possibility of damages or such Claims.
- The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from Dermaclear or through or from any service or product on the Website or affiliate websites shall create any warranty not expressly stated herein. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree to defend, indemnify, and hold harmless Dermaclear, its related companies and each of their respective officers, directors, shareholders, employees, independent contractors, telecommunication providers, affiliates, third party information providers, licensors, agents, and others involved in the delivery of products, services or information through the Website (collectively, “Indemnified Parties”), from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands directly, indirectly, and/or consequentially resulting or allegedly resulting from your breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorneys’ fees, and litigation expenses the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website.
Any notice required to be given under this Agreement to you may be provided to you by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that you provided, and shall be deemed delivered once sent. Notices by customers to Dermaclear must be sent in writing to the following address:
Dermaclear, Attention: Legal
406 9th Ave, Ste 310
San Diego, CA 92101.
Dermaclear shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Dermaclear’s performance.
* Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of California, without regard to its principles of conflicts of law. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in San Diego, California, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Website must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or Dermaclear services, materials, events and/or products accessed or purchased through this Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Website is controlled and operated by Dermaclear from its offices and facilities within the United States. Dermaclear makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Website solely on your own volition and are responsible for compliance with all applicable local laws.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and the liability limitations set forth above, then that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect. Further, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by Dermaclear in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
* Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
* No Waiver. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Dermaclear of any right or provision under this Agreement shall be deemed a waiver of the same right or provision under this Agreement at any other time.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
* Modifications. Dermaclear reserves the right to change or discontinue, temporarily or permanently, the Website as a whole and any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you, and any of the provisions posted herein. You agree to review these terms and conditions each time you visit the Website. You agree that Dermaclear shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself. Your continued use of the Website following any changes to these terms and conditions constitutes your acceptance of such changes. Dermaclear does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by Dermaclear in writing, these terms and conditions may not be amended by you.
406 9th Ave, Suite 310
San Diego, CA 92101
If you have questions regarding this Website or if you are interested in obtaining more information concerning Dermaclear and its products or services or permission to use any Dermaclear content, please contact Dermaclear at 800-519-5346 or [email protected]
© 2016 Dermaclear.