Terms of service
TERMS OF USE AND CONDITIONS OF PURCHASE
PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE OR ANY OTHER DERMAFLASH WEBSITE AS THESE TERMS IMPACT YOUR LEGAL RIGHTS.
Welcome to the Dermaflash website, dermaflash.com (the “Website”). The Website is owned and operated by DDKarma, LLC d/b/a Dermaflash ("Dermaflash", "us", "we" or "our"). These Terms of Use and Conditions of Purchase (“Terms”) form a legally binding agreement between you and Dermaflash. These Terms apply to your use of the Website and Content and to any purchase you make on the Website. Additional terms and conditions may apply to your purchases, certain Website features, and sweepstakes, contests, or other promotions.
I. ACCEPTANCE OF THESE TERMS
YOUR USE OF OUR WEBSITE IS SUBJECT TO THESE TERMS. BY ACCEPTING THESE TERMS AND USING THE WEBSITE, YOU UNDERSTAND THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH DERMAFLASH LLC AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE OR PLACE AN ORDER THROUGH THE WEBSITE.
MODIFICATIONS TO THE TERMS
Dermaflash may make changes to these Terms, from time to time, in its sole discretion. IF WE MAKE MATERIAL CHANGES TO THESE TERMS, WE WILL PROMINENTLY NOTIFY YOU ON THE WEBSITE, SEND YOU NOTICE ELECTRONICALLY OR otherwise provide notice to you.
Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES
WE MAY USE COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES, OR (COLLECTIVELY, “ADTECH”) ON OUR WEBSITE. WE USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE WEBSITE AND OUR CONTENT, INCLUDING WHERE YOU DIRECT YOUR MOUSE, THE INFORMATION YOU TYPE, AND OTHER USER RELATED ACTIVITIES AND TO SERVE YOU WITH TARGETED ADVERTISING.
BY VISITING AND USING THE WEBSITE, YOU ARE CONSENTING TO OUR USE OF ADTECH AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION ABOUT YOU THAT WE COLLECT FROM THE USE OF ADTECH WITH OUR ADTECH PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH, PLEASE SEE OUR PRIVACY POLICY.
ONLINE CHAT
IF YOU HAVE A QUESTION ABOUT OUR PRODUCTS, A PREVIOUS ORDER, OR OTHER INQUIRY, YOU CAN USE OUR WEBSITE CHAT FEATURE TO CONTACT US. WE USE A THIRD-PARTY SERVICE PROVIDER TO PROVIDE THE ONLINE CHAT FEATURE. BECAUSE THIS IS AN AROUND THE CLOCK SERVICE, THE CHAT MAY BE ADMINISTERED BY OUR CUSTOMER SERVICE AGENTS OR OUR SERVICE PROVIDER’S ARTIFICIAL INTELLIGENCE-POWERED BOT PROGRAM.
BY USING THE CHAT FEATURE ON THE WEBSITE, YOU CONSENT TO YOUR INFORMATION BEING COLLECTED, USED, AND PROCESSED BY OUR SERVICE PROVIDER ON OUR BEHALF. WE WILL HANDLE ANY PERSONAL INFORMATION WE RECEIVE THROUGH THE CHAT FEATURE, SUCH AS CHAT TRANSCRIPTS, ACCOUNT OR ORDER INFORMATION, OR YOUR CONTACT INFORMATION, IN ACCORDANCE WITH OUR PRIVACY POLICY.
II. TERMS OF USE
1. Eligibility and Use of the Website
In order to use the Website, you must be at least 18 years of age or the age of majority in your state of residence. If you are not the age of majority or older, you are not permitted to use the Website or place an order on the Website.
2. Privacy Policy
We may collect certain personal information from you when you use the Website. We handle personal information in the manner described in our Privacy Policy.
3. Customer Account
You may create a customer account on the Website (“Account”). Creation and use of your Account is governed by these Terms. When you create an Account, you agree to provide us with certain Personal Information including your email address, your name, and your address. You agree that any Personal Information you provide in connection with your Account is true, current, and complete. You may not create an Account for another person or use another person’s Personal Information to create an Account. You are responsible for keeping your Account login credentials secure. If you believe your Account has been compromised, you must immediately contact us at 800-381-6257.
4. User-Generated Content
Subject to the limitations set forth herein, you may upload photographs, comments, video clips, reviews and other communications and content to the Website or through social media websites (“User Content”). By posting or submitting User Content to the Website, you grant Dermaflash, its affiliates, and third party service providers who provide hosting or content management services to us, a world-wide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, fully-transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content, and the name submitted in connection with such User Content, your real name, or the name associated with your Account, throughout the world in any media now known or hereafter conceived. Dermaflash and its affiliates are free to use any ideas, concepts or know-how contained in User Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such User Content.
You represent and warrant that (a) you own or otherwise control all of the rights to User Content; (b) that the User Content is accurate; (c) that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; (d) you and all persons appearing in the User Content are not minors, and (e) that you will indemnify Dermaflash for all claims relating to the User Content. You agree not to post any copyrighted material unless the copyright is owned by you.
We will not be responsible or liable to you or to any third party for the content or accuracy of your User Content. Dermaflash has the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content at any time, in its sole discretion.
5. User Content Disclaimer
The User Content represents the view of the user and may not represent the views of Dermaflash. We do not endorse the User Content. We cannot confirm the accuracy or credibility of any User Content and we will not be liable to you or any other third party for any actions you may take as a result of reading or viewing User Content.
6. Protection of Intellectual Property Right and License
Dermaflash is a trademark of Dermaflash. Dermaflash is the sole and exclusive owner of the Website. This Website contains certain text, graphics, interfaces, computer code, documentation, logos, slogans, product names, software, data, music, sound, photographs, videos, recordings, creative works, reports and other content, including the design, selection, and arrangement of content on the Website (“Content”). The Website and its Content are protected by copyright, trademarks, patents, or other proprietary rights and laws (“Intellectual Property Rights”). The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
We permit you to use the Content retrieved from the Website for the sole purpose of using or placing an order via the Website or for non-commercial personal use, provided that you do not remove or obscure the copyright notice or other notices displayed on the Content. Nothing contained in these Terms or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise in the Content or any of Dermaflash's or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved. Any unauthorized use of the Intellectual Property Rights in the Website or Content are strictly prohibited.
7. Acceptable Use Policy
You must only use the Website and its Content for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. If you use the Website and its Content, you must comply with the following restrictions:
· No Copying or Republication. You are prohibited from copying the Content, product images and descriptions, except for personal use, without our prior written agreement.
· No Scraping. You are prohibited from accessing the Website and Content with any robot, spider, web-crawler, script, service, scraping tool, software or any other manual or automated process or device in order to scrape, copy, mine, or retrieve Content from the Website.
· No Unauthorized Sharing of Content. You may not modify, adapt, translate, copy, distribute, publish, re-publish, transmit, display, perform, reproduce, reuse, sell, resell, license, create derivative works of, transfer the Content, any part of the Content, or any software obtained through the Website without our prior express written agreement.
· No Linking or Framing. You may not link or frame to any pages of the Website or any Content except as may be specifically authorized by Dermaflash in advance and in writing.
· No Inappropriate Content You agree not to submit any materials that are vulgar, profane, abusive, hateful, or which use sexually explicit language, epithets or slurs, text or images in poor taste, inflammatory attacks of a personal, sexual, racial, or religious nature, or expressions of bigotry, racism, discrimination or hate, or that harms, or is inappropriate for minors to view.
· Limits on User Content. You agree not to submit any User Content that are harassing, defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is harmful or offensive to any individual or community, contains any actionable statement, tends to mislead or reflect unfairly on any other person, business or entity or submit User Content that contain copyrighted content without the express permission of the owner of the copyrights in the content.
· Protection of Intellectual Property Rights. You shall not commit any acts of infringement of any person or entities Intellectual Property Rights in connection with the use of the Website, its Content or your provision of User Content.
· No Use with AI. You are prohibited from using or incorporating all or a portion of the Website or its Content into any large learning model, algorithmic software program, data set, AI Model or generative AI tool, including, but not limited to, training or using the Content in developing or operating a machine learning or artificial intelligence (“AI”) system or for automated decision making.
· Protection of Personal Information. You will not disclose any Personal Information or image of another individual without that person’s prior written consent. You will not post any Personal Information or likeness of a minor.
· No Harmful Behavior. You will not submit inaccurate information via the Website or your Account, commit fraud or falsify information in connection with your use of the Website or your Account, or act maliciously against the business interests or reputation of Dermaflash, its affiliates, employees or its customers. You will not interfere with another person’s or entity’s use or enjoyment of the Website or its Content. You will not use the Website or submit User Content to promote a cause or movement, whether political, religious, or otherwise, or to use the Website for chain letters, junk mail, spamming, or use of distribution lists. You will not act maliciously against the business interests or reputation of Dermaflash or its affiliates.
· No Impersonations. You may not impersonate or attempt to impersonate another user or person when using the Website or its Content or when making a purchase.
· No Commercialization: You shall not advertise, promote or offer to trade any goods or services using the Website or Content or use the Website or Content to create a competing website or business.
· No Assignment. You will not sell or otherwise transfer your Account.
· No Interference with the Operation of the Website. You will not engage in activities designed to disable, damage, change the functionality or appearance of the Website, to render the Website inoperable or to make it more difficult to use. You will not use the Website to access or attempt to access our network or infrastructure, another Account, or unauthorized access to the Website.
· No Hacking. You will not attempt to gain unauthorized access to other computer systems from or through the Website or your Account; not to upload, post, or transmit malware, viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, or other harmful, disruptive, or destructive files or computer programming routines (“Malware”); and not to disrupt, interfere with, or otherwise harm or violate the security or functionality of the Website, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website.
· No Violation of Applicable Laws. You are expressly prohibited from using the Website or its Content or provide User Content in violation of any applicable international, federal, state or local laws, rules or regulations, including, but not limited to the privacy laws and the export laws of the United States.
· Cooperation with Law Enforcement. Dermaflash will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Website or the submission of User Content. YOU WAIVE AND HOLD DERMAFLASH HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
8. DISCLAIMER: NO MEDICAL OR HEALTHCARE ADVICE
THE WEBSITE CONTENT (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE, AND IS NOT TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM.
THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT.
DERMAFLASH AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE USE OF THE WEBSITE, THE CONTENT, OR ANY USER CONTENT AVAILABLE THROUGH THE WEBSITE. WHILE DERMAFLASH STRIVES TO KEEP THE WEBSITE CONTENT ACCURATE, COMPLETE, AND UP TO DATE, DERMAFLASH CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT.
9. DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE WEBSITE
THE WEBSITE, ITS CONTENT AND THE USER CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DERMAFLASH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, THE CONTENT OR THE USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DERMAFLASH DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. DERMAFLASH MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY CONTENT OR USER CONTENT OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT YOUR DOWNLOAD OR OBTAIN THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE USE OF THE ONLINE CHAT FEATURE OR ADTECH, INCLUDING BUT NOT LIMITED TO ANY SESSION REPLAY TECHNOLOGY OR ANY OTHER ADVERTISING OR WEBSITE ADVERTISING ANALYTICS TECHNOLOGIES.
10. LINKS TO OTHER WEBSITES THAT DERMAFLASH DOES NOT CONTROL
The Website may provide links to other websites and/or resources, including advertisers, over which Dermaflash has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Dermaflash of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. Dermaflash makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that Dermaflash has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. When you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of that other website.
III. CONDITIONS OF PURCHASE
11. Order Placement and Acceptance
If you place an order, that is an offer to buy the products and services listed in your order. If you order a product, payment must be received by Dermaflash prior to Dermaflash’s acceptance of the order. Dermaflash may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. If your payment card has already been charged for the purchase and we cancel your order, we will issue a refund to the payment card used to place the order. We can only honor orders for products placed and shipped within the United States. All offers from the Website are void where prohibited by law.
Your order is expressly conditioned on acceptance of these Terms. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
12. Pricing, Payment Terms, and Error
The prices displayed on the Website are quoted in U.S. Dollars and are only valid and effective in the United States.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email.
We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability.
Dermaflash reserves the right to correct any errors, inaccuracies, or omissions, at any time, to reject an order or to cancel any order even after the order is accepted or after your payment card has been charged if we discover an error. If we cancel an order after your payment card has been charged, your credit card will be refunded the full amount of your order.
Dermaflash reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you.
We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the terms of the promotion will govern.
If the payment information you submit is incorrect or invalid, your payment will not be processed. We will not be liable if a card issuer refuses to accept a credit or debit card or a payment processor refuses to process a transaction for any reason.
13. Product Descriptions
When ordering products, please note that Dermaflash does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. We try to accurately display the colors of products, but the actual colors you see will depend on your monitor and may not be accurate. In addition, product specific Content may contain errors or omissions or may be out of date.
14. Return Policy
You may return items in accordance with the Refund Policy instructions that accompany your product shipments. If you are uncertain about your right to return the product, you may also contact Customer Service using any of the contact methods listed at https://dermaflash.com/pages/customer-service for assistance.
If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Refund Policy or by contacting us using the information listed at https://dermaflash.com/pages/customer-service. Dermaflash's descriptions of, or references to, products not owned by Dermaflash do not imply endorsement of that product or constitute a warranty by Dermaflash.
Dermaflash does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Dermaflash discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your Account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products using fake or stolen cards, Dermaflash will also report you to federal, state and/or local enforcements authorities.
Dermaflash will add applicable shipping and handling fees to your order. Unless otherwise noted, Dermaflash will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Dermaflash may provide delivery or shipment timeframes or dates, you understand that those are Dermaflash's good faith estimates and may be subject to change. You further understand that product availability may be limited, and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, Dermaflash will use reasonable, good faith efforts to contact you. If Dermaflash cannot contact you or you no longer wish to receive the item, Dermaflash will cancel the order and promptly refund the amount tendered and will do so within 7 business days if made using third-party credit card, such as a Visa or Mastercard. Dermaflash shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All products purchased from the Website are delivered to shipment carriers. The risk of loss and title for such products pass to you upon our delivery to the carrier. Dermaflash may reject orders where the stated delivery address is outside the United States.
In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete contact and payment information. By placing an order, you represent and warrant that you will only provide information which is yours or for which you are authorized to provide. Dermaflash shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, outdated, fraudulent, or incomplete payment information to Dermaflash, or for any other reason that we, in our sole discretion, deem appropriate.
Dermaflash only directly sells certain Dermaflash products in the United States of America (“U.S.”), as these products may not be approved for sale in international jurisdictions. While Dermaflash may choose to accept orders for the purchase of its products placed from jurisdictions outside the U.S., the acceptance of such orders and the sale of such products will be subject to the following conditions:
(a) You agree that the purchase of any Dermaflash products by you shall be pursuant to an Ex Works arrangement per Incoterms 2020, with all title risk and loss in the products passing to you once you pick up the product at Dermaflash's facilities in the United States;
(b) You agree to use the purchased product for your own personal use only and not for further resale or distribution in any manner;
(c) You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
(d) You expressly authorize and direct Dermaflash to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
(e) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Dermaflash's facilities in the United States to your foreign shipping address.
(f) For Canadian Orders only: Power of Attorney. Dermaflash is an approved Casual Refund Electronic Data Interchange Transaction System (“CREDITS”) participant with the Canada Border Services Agency (“CBSA”). CREDITS is an electronic process allowing customs brokers to act on behalf of a foreign sales company and electronically submit refund claims on behalf of the importer. By ordering goods from Dermaflash, you hereby authorize Landmark Trade Service Ltd., an approved customs broker in CREDITS, to act as your agent and to transact business with the CBSA to obtain release of your merchandise, account for duties and taxes, return merchandise to Dermaflash, and electronically submit refund claims on your behalf. Under the CREDITS program, you understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund of the purchase price directly from Dermaflash. Further, you also authorize Landmark Trade Service Ltd. to forward any refund issued by the CBSA in your name, so that Dermaflash can be reimbursed.
If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO AT ANY TIME BY CONTACTING US USING THE INFORMATION LOCATED AT https://dermaflash.com/pages/customer-service.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website listed at https://dermaflash.com/pages/customer-service or by calling 1-888-652-9579. If you are participating in our automatic renewal program using a credit card and your credit card fails to process for a subsequent shipment, Dermaflash may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and Dermaflash will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our automatic renewal program may be terminated and your account may be sent for collection.
IV. DERMAFLASH DEVICE Customer Service and Limited Warranty Information
Congratulations on your purchase! We value our customers and aim to provide the highest quality products to ensure customer satisfaction. Please use this as your reference for any customer service or warranty needs you may have in the future.
1. DERMAFLASH™ Product Warranty
The DERMAFLASH™ device ("device"), inclusive of charging base/docking station ("base") and handheld device ("handpiece") and exclusive of the Edge Tray ("Edge Tray"), is warranted to be free from manufacturing defects in materials and workmanship of your device for a period of 12 months from the date of purchase, provided you purchased the device from an authorized retailer partner or directly at dermaflash.com. There are no other warranties with this device. All warranty claims should be submitted in writing to the manufacturer within one year of the date of purchase and must include the original proof of purchase. The 1-year limited warranty is valid for the original purchaser only and cannot be transferred. This 1-year limited warranty is effective only if the device is purchased and used in the United States or Canada.
2. What to do if your DERMAFLASH device stops operating during the warranty period?
If the handpiece has been fully charged and is loaded with a new Edge, but not operating, or if the base fails to charge the handpiece, contact our Consumer Service Department at https://dermaflash.com/pages/customer-service. If, upon inspection by Dermaflash, the DERMAFLASH device is found to have a manufacturing defect, the Company will, at its sole discretion, either repair or replace your DERMAFLASH device. In particular, if Dermaflash confirms a defect covered by this 1-year limited warranty, Dermaflash will, at its sole and exclusive discretion, either: (i) replace your DERMAFLASH device at no charge with a new DERMAFLASH device, either the same as or similar to the model you purchased; or (ii) replace the DERMAFLASH device with a refurbished device that is the same as or similar to the model you purchased. If Dermaflash does not find a manufacturing defect in the device that is covered by this 1-year limited warranty, or if we find the device is not defective, Dermaflash will advise you of its findings and (i) return your DERMAFLASH device utilizing standard shipping methods at the purchaser's expense; or (ii) dispose of the device at the purchaser's request or if return shipping is not authorized by the purchaser within ten (10) days after informing you that Dermaflash did not find any defects or that any defects found are not covered by the 1-year limited warranty.
All Limited Warranty services must be authorized and performed by Dermaflash, or an authorized service provider. Unauthorized service of the device voids all warranties. Use of the DERMAFLASH device with Edge cartridges other than those supplied by Dermaflash may damage the product. Damage caused by the use of Edges not supplied by Dermaflash may void this limited warranty.
3. What is not covered by this 1-year limited warranty?
This 1-year limited warranty does not cover damage, defects, or failure caused by abuse or misuse; improper care; impact or insertion of foreign objects; vandalism; improper storage; unauthorized or incorrectly performed maintenance or repair; application of harmful chemicals or liquids; Acts of God, fire, or water; abrasives; purchaser's negligence; failure to follow manufacturer's instructions; use in combination with adaptors and/or equipment other than those provided by the Company; use in any manner or for any condition other than that for which the product is labeled; normal wear and tear; alteration; overuse; professional use; or commercial use.
This warranty will be invalid if damage results from dropping the device.
Charge the device using only the base supplied with your device. Utilizing or substituting different charging means can damage the device and may void your warranty. Every device comes with a 1-year limited warranty as detailed herein. The warranty applies only if the device has been used only for its intended purpose and in accordance with the operating instructions.
NEVER submerge the base or handpiece into water or other liquid, as it can damage the device. Evidence of liquid infiltration into any component of the device will void the warranty. In the event either the base or handpiece falls into any liquid, immediately cease use of the device, and unplug it from the electrical power source.
4. Warranty Limitations and Disclaimers
DERMAFLASH'S RESPONSIBILITY FOR MANUFACTURING DEFECTS IN THE DERMAFLASH DEVICE AND YOUR REMEDIES FOR THE BREACH OF THIS 1-YEAR LIMITED WARRANTY ARE LIMITED SOLELY TO THE REPAIR AND REPLACEMENT OF THE DEVICE AS SET FORTH IN THIS WARRANTY STATEMENT.
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION IV.1., ABOVE, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES CREATED BY THE MANUFACTURE, SALE OR USE OF THE DEVICE. THE 1-YEAR LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES RELATED TO THE DEVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDING THE EXPRESS WARRANTY SET FORTH IN SECTION IV.1., ABOVE, DERMAFLASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, THEN THE DURATION OF SUCH IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE (1 YEAR FROM DATE OF PURCHASE).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DERMAFLASH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF DERMAFLASH. IS ADVISED OR AWARE THAT SUCH DAMAGES MIGHT ARISE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF USE OF THE DEVICE, COST OF ANY SUBSTITUTE EQUIPMENT, THE CLAIMS OF THIRD PARTIES, OR DAMAGE TO PROPERTY.
THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY CAUSED BY A MANUFACTURING DEFECT IN THE DEVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITS ON WARRANTIES, OR ON REMEDIES FOR BREACH IN CERTAIN TRANSACTIONS. IN SUCH JURISDICTIONS, THE LIMITS IN THIS PARAGRAPH AND THE DISCLAIMER OR EXCEPTIONS FROM WARRANTY MAY NOT APPLY.
THESE WARRANTY TERMS, CONDITIONS AND LIMITATIONS ALLOCATE THE RISKS OF PRODUCT FAILURE BETWEEN THE COMPANY AND YOU, THE PURCHASER OF THE DEVICE. THIS ALLOCATION IS RECOGNIZED BY BOTH PARTIES AND IS REFLECTED IN THE PRICE OF THE DEVICE AND THAT BY USING YOUR DEVICE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, CONDITIONS AND LIMITATIONS, UNDERSTAND THEM, AND ARE BOUND BY THEM.
To the extent any term in this 1-year limited warranty violates the law of any state or jurisdiction, all other terms of the 1-year limited warranty remain in effect.
5. Product Changes
The Company reserves the right to make changes and improvements to its products without incurring any obligation to make corresponding changes or improvements to devices previously manufactured or sold.
6. Disputes
This warranty is governed by the laws of the State of Illinois and without regard to (i) the conflict of law provisions thereof which could result in the application of the laws of any other jurisdiction, including applicable U.S. and Canadian law or (ii) the United Nations Convention on Contracts for the Sale of Goods.
7. User Manual
To access the DERMAFLASH device User Manual click here: https://dermaflash.com/pages/how-to-use
V. COMMUNICATIONS, SIGNATURES AND AGREEMENTS
1. Electronic Communications
Your use of the Website will be deemed to be your consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted at the Website. You acknowledge and agree that any communication by e-mail or by posting at the Website satisfies any legal requirement that such communications be made in writing.
2. Consent to Communications with Dermaflash
You verify that any contact information voluntarily provided to Dermaflash, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Dermaflash.
We may provide you with transactional communications concerning your orders, Account, the Website, updates to these Terms or our Privacy Policy or news concerning Dermaflash, and industry developments. You acknowledge that you may incur a charge for these calls and text messages by your telephone carrier and that Dermaflash will not be responsible for those charges.
We may also send promotional emails for sales and marketing purposes. With your express, written consent, we may send you marketing communications via SMS. If you wish to opt out of receiving such promotional emails and texts, you can unsubscribe from our list by following the unsubscribe options, by emailing us at customerservice@dermaflash.com or by contacting Customer Service using any of the methods listed at https://dermaflash.com/pages/customer-service. You may also respond to any promotional text you receive on your mobile device with the word “STOP”.
VI. LIMITATION OF LIABILITY AND DISPUTE RESOLUTION
1. Limitation on Dermaflash’s Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL DERMAFLASH, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR PROFESSIONAL ADVISORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION:
a. ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
b. ANY DAMAGES TO, OR MALWARE THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY CONTENT OR USER CONTENT FROM THE WEBSITE.
c. ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITES OR OTHER WEBSITES LINKED TO THE WEBSITE; OR
d. ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE ONLINE CHAT FEATURE OR ADTECH ON THE WEBSITE, INCLUDING USE OF COOKIES, SESSION REPLAY TECHNOLOGY, OR ANY OTHER ADVERTISING OR WEBSITE ANALYTICS TECHNOLOGIES.
THE ABOVE TERMS APPLY REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
2. CAP ON DAMAGES
IN NO EVENT SHALL DERMAFLASH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, ARISING FROM OR RELATED TO THE USE OF THE WEBSITE OR DERMAFLASH PRODUCTS, THE CONTENT OR THE USER CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO DERMAFLASH FOR ANY SERVICES OR PRODUCTS, IF ANY, OR (B) $100, WHICHEVER IS LESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE CONTENT, DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, OR INCUR ANY LOSS OR DAMAGE OF ANY KIND IN CONNECTION WITH THE WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND THE CONTENT.
3. Terms Applicable to New Jersey Customers
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Dermaflash reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
4. Indemnification
You agree to indemnify and hold harmless Dermaflash, its affiliates, employees, officers, directors, service providers, agents, or professional advisors from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, whether direct, indirect, consequential, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website, the Content or User Content; (ii) your product order placed using the Website; (iii) information you submit or transmit through the Website; (iii) fraudulent activity in connection with your use of the Website or purchase of products; (iv) any alleged infringement of Intellectual Property Rights or other rights of any person or entity relating to the Website, the Content or the User Content; and/or (iv) your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to your indemnification obligation to use.
5. MANDATORY DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER AND JURY TRIAL WAIVER
a. WAIVER OF RIGHTS
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR WEBSITE, CONTENT, USER CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH DERMAFLASH, WHETHER IN CONTRACT, TORT OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:
· ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
· ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATION, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:
· THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.
· THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE, OR REPRESENTATIVE CLAIMS.
b. Good Faith Negotiations
We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute to the other party, which includes your name, address, email address, phone number and a description of the relief you are seeking (“Dispute Notice”). Notice by Dermaflash will be sent to you at your last known street and email addresses on file, and notice by you to Dermaflash will be sent by mail to Dermaflash., 415 N. Aberdeen St, Suite 2, Chicago, IL 60642; Attn: Legal. Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. You and Dermaflash then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this sixty (60) day period. Compliance with and completion of this good faith negotiations provision is a condition precedent and requirement for initiating any arbitration proceedings.
c. Mutual Arbitration Agreement
(i) Arbitration of Individual Disputes
Any Dispute which cannot be resolved through good faith negotiations, must be pursued through binding arbitration on an individual basis as described in this Section VI.5. (the “Arbitration Agreement”). The arbitration shall be administered before a single arbitrator.
(ii) Scope of Arbitrator’s Decision Making
The Parties agree that the arbitrator shall decide all Disputes and all related issues excluding: (a) issues expressly reserved for a court decision in these Terms; (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of this Agreement; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions are for the court to decide or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.
(iii) Final and Binding Decision
The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the Consumer Arbitration Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action, class arbitration or mass arbitration.
(iv)Applicability of the FAA
The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
(v) Survival
This Arbitration Agreement provision will survive the termination of these Terms.
d. AAA Proceedings
All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). For more information, please see the American Arbitration Association web site at adr.org.
e. Location and Manner of Arbitration
For any claim where the total amount of the award sought is $10,000 or less, unless you request to have an in-person hearing, the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions. If the claim exceeds $10,000, the hearing will take place in Cook County, Illinois, unless otherwise agreed to in writing by all parties to the arbitration.
f. Opt-Out
If you wish to opt out of this Arbitration Agreement, you must, within forty-five (45) days of first using the Site or the Content, send a letter stating “Request to Opt-Out of Arbitration Agreement” to: Dermaflash., 415 N. Aberdeen St, Suite 2, Chicago, IL 60642; Attn: Legal. If you opt out of this Arbitration Agreement, all other parts of this Agreement will still apply to you. This opt-out does not apply to the class action waiver in Section VI.5.a. Opting out of this Arbitration Agreement has no effect on any other current or future Arbitration Agreements you may have with us.
g. Modification
If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your account and you must stop using the Website, your account, the Content and the User Content.
h. Appliable Law
Illinois law applies to any arbitration under this Agreement, but the FAA governs the interpretation and enforcement of the Arbitration Agreement.
i. ENFORCEABILITY
IF ANY OF THE TERMS OF THIS ARBITRATION AGREEMENT, INCLUDING THIS CLASS ACTION OR MASS ARBITRATION WAIVER, IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.
6. Exclusive Venue For Other Controversies
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in these Terms (other than an individual action filed in small claims court) shall be filed only in the Circuit Court of Cook County, Illinois, or the United States District Court for the Northern District of Illinois, as applicable. Each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You and Dermaflash agree to commence any proceeding within 1 year after the Claim arises and that any proceeding commenced after 1 year shall be barred.
7. Remedies for Dermaflash
In order to avoid irreparable injury to Dermaflash, in the event of any breach or threatened breach by you of the provisions of these Terms, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in these Terms shall be construed as prohibiting Dermaflash from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
8. Copyright Policy
It is Dermaflash’s policy to respect the copyright and Intellectual Property Rights of others. Dermaflash may remove Content that appears to infringe the copyright or other Intellectual Property Rights of others. In addition, Dermaflash may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Dermaflash complies with the Digital Millennium Copyright Act.
If you believe in good faith that anything on the Website, including user-generated material and other content, infringes upon any copyright that you own or control, you (or your agent) may send Dermaflash's Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
b. A description of the copyrighted work that you claim has been infringed.
c. A description of where the material that you claim is infringing is located on the Website.
d. Your address, telephone number, and e-mail address.
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please direct inquiries regarding infringement issues by email to DMCA@dermaflash.com
VII. MISCELLANEOUS PROVISIONS
1. Assignment
Dermaflash may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion.
2. Survival
Provisions in these Terms regarding the protection of Intellectual Property Rights, use rights, indemnification, disclaimers regarding Website Content or User Content provided on the website, disclaimer of warranties with respect to use of the Website, limitations on Dermaflash’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any termination of the Website, cancellation or termination of your Account or relationship with Dermaflash.
3. Termination of the Website
Dermaflash may, in its sole discretion, and at any time, terminate or suspend its operation of the Website. Dermaflash will not be liable to you or to any third party for the consequences of such termination or suspension.
4. Survivability
In the event of any termination of your use of or access to the Website, you agree that the provisions of these Terms regarding protection of Intellectual Property Rights and use rights, indemnification, disclaimer regarding Content or User Content provided on the Website, disclaimer of warranties with respect to use of the Website, limitation on Dermaflash’s liability, mandatory binding arbitration, and class action waiver shall survive any such termination.
5. No Waivers
No delay by Dermaflash in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Dermaflash’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Dermaflash in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
6. No Other Warranties
Unless modified in a writing signed by both parties, these warranty terms, conditions and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of Dermaflash or any other party (including without limitation distributors, dealers, and retailers) is authorized to make any warranty in addition to the warranty made herein.
7. Force Majeure
Dermaflash shall not be deemed to be in default of any provision of these Terms or for failure in performance resulting from acts or events beyond the reasonable control of Dermaflash and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
8. Contact Us
If you have any questions regarding these Terms, please contact us at customerservice@dermaflash.com.