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Terms Of Service
DERMIZEN LLC TERMS OF SERVICE
Last Updated: January 1, 2020
1. Your Acceptance
Welcome to the Terms of Service for the Dermizen website, www.dermizen.com. This is an agreement (“Agreement”) between Dermizen, the owner and operator of the Dermizen website along with any products sold or services offered via the website (collectively the “Site”) and you (“you”, “your”, or “user(s)”), a user of the Site.
Throughout this Agreement, the words “Dermizen”, “us”, “we”, and “our”, refer to our company, as is appropriate in the context of the use of the words.
By clicking “I agree”, purchasing any products, or accessing the Site, you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so. Please be aware that there are ARBITRATION AND CLASS ACTION PROVISIONS contained in this Agreement.
2. Information Submission
Users may be required to register or submit information to the Platform before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful and accurate information when registering for our Platform and must be over the age of 18. Users may only register for one account. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account. You agree to notify Dermizen immediately of any unauthorized use of your account or any other breach of security. Dermizen will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.
3. Medical Disclaimer
You understand and agree that the statements made on or about Dermizen or any other product mentioned on the Site have not been evaluated by the FDA (U.S. Food and Drug Administration) and are not intended to diagnose, treat, cure, or prevent any disease. Any information on this Site is provided for educational purposes only and is not intended to be a substitute for informed medical advice or care. Any statements or products sold on the Site are not intended or to be used to treat or cure any disease or medical condition. People experiencing any skin conditions or any other health condition, should consult their doctor or licensed medical professional before using any Dermizen products.
4. Ownership
The Site and any related services provided are owned and operated by Dermizen including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names, and other information, visual, or other digital material, software (including source and object codes), and all other content or any description available on the Site or available via a link from Site to a page created by Dermizen on another website (collectively, the "Dermizen Content"). The Dermizen Content is the sole property of Dermizen and/or its licensors. All Dermizen Content is protected by U.S. and International copyright, trademark, service marks, patents, trade secrets, and other proprietary rights and laws. Use of the Dermizen Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Dermizen is prohibited. You may not otherwise copy, reproduce, perform, distribute, display, or create derivative works of the Dermizen Content.
5. Privacy
Please read Dermizen's Privacy Policy for more information regarding our collection and use of your information. The Dermizen Privacy Policy is integrated into this Agreement by reference and you must agree to all provisions of our Privacy Policy before using our Site or purchasing any products. You may not be required to create a user account when you use our Site; however, we may collect information from you when you decide to order any products via the Site.
6. Site Availability and Modification
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
7. Third-Party Links
The Site may contain links to third-party websites that are not owned or controlled by Dermizen. Dermizen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Dermizen will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Dermizen from any and all liability arising from your use of any third-party website.
8. Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
You will not copy, distribute, or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
You will not use any robot, spider, crawler, scraper, or other automated means, or interface not provided by us to access the Site or to extract or export data collected through the Site;
You will not take any action that imposes or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You agree not to use the Site to stalk, harass, bully, or harm another individual;
You agree that you will not hold Dermizen responsible for your use of the Site;
You agree not to violate any requirements, procedures, policies, or regulations of networks connected to Dermizen;
You agree not to interfere with or disrupt the Site;
You agree to not violate any U.S. federal laws, state laws, or local laws while using the Site; and
You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions, your privileges to use our Site may, at our discretion, be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Dermizen reserves the right to suspend or terminate your access at any time without notice or explanation.
9. Intellectual Property
The name “Dermizen”, the design of the Dermizen Site, along with Dermizen created products, text, writings, images, templates, scripts, graphics, interactive features, marks, and logos contained therein ("Marks"), are owned by or licensed to Dermizen. The Marks are subject to copyright and other intellectual property rights under U.S. laws and International conventions. Dermizen reserves all rights to the marks not expressly granted.
10. User Content
A user’s ability to submit or transmit any information through the Site, including but not limited to, text, information, photos, images, or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Dermizen does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated, or possibly even incorrect.
When submitting any User Content to our Site, you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Dermizen, its partners, affiliates, users, representatives, and assigns, a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Site. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your User Content through our Site.
11. Orders and Payment
Dermizen may allow you to purchase products or purchase access to portions of our Site. When making a purchase you will be prompted to input your payment information or pay through a third-party payment portal. You agree that we may charge full amount listed at checkout to your credit card or other payment method listed including taxes and other fees. Your payment information will be shared with our third-party payment processor. By purchasing anything from our Site, you also agree to the terms and conditions of our third-party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us. An order contract is not created until we process your payment and send you an order confirmation notice.
12. Order Acceptance
All orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation, we may cancel your order without penalty. Please be aware that any statements made by our customer service representatives or salespeople are non-binding in nature. We reserve the right to refuse shipments of products to you and to cancel any orders for any reasons at any time.
13. Termination
You may terminate this Agreement by notifying us at support@dermizen.com. We may terminate your access to the Site if we determine that: (1) You have violated any applicable laws while using our Site; (2) If you have violated this Agreement or any other of our Site policies; or (3) If we believe that any of your actions may harm the Dermizen Site or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
14. Returns and Refunds
At Dermizen, we want you to be satisfied with our products. For this reason, we offer a flexible refund policy. If you wish to receive a refund, please first contact us at support@dermizen.com within 14 days of purchase for return instructions. For any refund requests, you must contact us BEFORE a refund may be issued, DO NOT SHIP anything before we respond to your refund request. Please be aware that while we may attempt to honor all refund requests, we reserve the right to deny you a refund at our sole discretion. Specifically, we may deny your refund request if we believe you have misused our Site, behaved in a way that harms our company, previously used, or opened a product, or if you have violated this Agreement. Although refunds may be processed upon receipt of the returned product, it may take some time before your refund is credited to your payment method on file.
15. Chargebacks
If we believe that you have participated in a fraudulent chargeback, we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
16. Credit Card Declines
When your credit card has been declined after our products have been shipped to you, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
17. Shipping
Free shipping is currently only available in the U.S. We apologize for any inconvenience. We are currently able to ship with charge to Canada and UK. At checkout, you may be able to select from multiple shipping options. Prices for each location may vary. Standard shipping times will apply. As we do not transport the products, we cannot guarantee shipping times. National holidays may also affect shipping times. Where items are shipped, you may be issued a tracking number that allows you to check the status of your package; however, not all shipments may have tracking numbers issued. Before we can ship your order, Dermizen must prepare your product and ensure quality control. We recommend you check all shipments immediately, once you have received them. If you have any issues with your shipment, please contact us immediately at support@dermizen.com.
Risk of Loss:
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you and the carrier upon tender of the item to the third-party shipping carrier.
18. Taxes
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us, you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
19. Product Issues, Availability, and Pricing
It is possible that some of the products listed on our Site may be incorrectly priced, improperly labeled, or may be unavailable. Additionally, other errors may be displayed on the product page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our product listings at all times. Although we try to keep all products on our Site available and on hand, there may be times where such products are unavailable.
We attempt to have updated pricing on our Site; however, as many products are listed and as prices may consistently change, we cannot guarantee that any price displayed is the correct price for any of the products listed on our Site. In the event that any prices are mislabeled, we reserve the right to cancel your order or to notify you of our updated price. You must then agree to our updated pricing before your order shall be fulfilled.
20. Product Photos and Sizing
Please be aware that all photos of any products on the Site are for illustrative purposes only. Although we use reasonable best efforts to ensure that our products are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site may not be entirely representative of the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing and measurements are approximate and not exact.
21. Limitation of Liability; Representations and Warranties
USE OF THIS SITE INCLUDING ANY SERVICES PROVIDED, THE DERMIZEN CONTENT, AND ALL PRODUCTS, AND ITEMS PURCHASED, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
A. EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT, THE SITE, ANY SERVICES, AND ALL PRODUCTS SOLD ON THE SITE ARE PROVIDED "AS IS", “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
B. DERMIZEN DOES NOT WARRANT THAT THE SITE, ANY SERVICES OFFERED, OR ANY PRODUCTS, OR ITEMS SOLD WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) BE ACCURATE, FUNCTIONAL, OR RELIABLE.
To the extent permitted by applicable law, we (including OUR managers, officers, directors, agents, AFFILIATES, and employees), are not liable, and you agree not to hold us responsible, for any damages or losses (including but not limited to, loss of money, goodwill, or reputation, or other intangible losses, or any special, indirect, or consequential damages), resulting directly or indirectly from your use of the Site, OUR services, AND OUR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DERMIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In the event that your jurisdiction does not allow us to exclude all liability, you agree that our total liability to you will not exceed the total amount you have spent on your purchases via the site OR $100 USD WHICHEVER IS GREATER. This limitation of liability does not apply to New Jersey users, our liability to New Jersey users is the minimum amount required under New Jersey state law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (A) Death or personal injury caused by Dermizen’s negligence or that of any of its managers, officers, employees, or agents; (B) Fraudulent misrepresentation; or (C) Any liability which it is not lawful to exclude either now or in the future.
22. Release
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY DERMIZEN CONTENT, OUR SERVICES, AND PRODUCTS SOLD, AND YOU RELEASE US, OUR MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US. THIS RELEASE DOES NOT APPLY TO NEW JERSEY USERS.
23. Indemnity
You agree to defend, indemnify, and hold harmless Dermizen, its managers, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys' fees) arising from:
Your use of any Dermizen products and services;
Your violation of any term of this Agreement; and
Your use of the Dermizen Site.
This defense and indemnification obligation will survive this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim, such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
24. Copyrights
We take copyright infringement very seriously and we shall comply with the Digital Millennium Copyright Act. If you live within the U.S. or own any copyrighted material within the U.S. and believe that your copyright has been infringed, please send us a message which contains:
Your name;
The name of the party whose copyright has been infringed, if different from your name;
The name and description of the work that is being infringed;
The location on our website of the infringing copy;
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third-party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; and
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Derimzen, support@dermizen.com.
25. Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
26. Forum
By using this Site, you agree that: (1) Any claim, dispute, or controversy you may have against us, Dermizen, or the Site, arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) The claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action (does not apply to New Jersey users) and the arbitration shall be held in Plano, TX or at such other location as may be mutually agreed upon by you and Dermizen; (3) The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law; (4) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Dermizen’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated (this does not apply to New Jersey users); (5) Both parties will bear their own costs of representation and filing for the dispute; (6) Where possible and allowed for under the AAA Rules and Procedures, both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) With the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If; however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Dermizen shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in Collin County, TX.
27. Class Action Waiver
You and Dermizen agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
28. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
29. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Dermizen deemed to conflict with each other’s operation, you agree that Dermizen shall have the sole right to elect which provision remains in force.
30. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
31. Survival
All provisions of this Agreement which by their nature should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site at any time and for any reason.
32. Age
All users who access the Site must be 18 years of age or older.
33. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
34. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
35. Electronic Communications
The communications between you and Dermizen use electronic means, whether you visit the Site or send Dermizen emails, or whether Dermizen posts notices on the Site, or communicates with you via email. For contractual purposes, you (1) Consent to receive communications from Dermizen in an electronic form; and (2) Agree that all terms, conditions, agreements, notices, disclosures, and other communications that Dermizen provides to you electronically, satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
36. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Dermizen must be sent to our agent for notice to: support@dermizen.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
