IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND DERMA PROGENIX CAN BE BROUGHT, AND INCLUDES AN ARBITRATION REQUIREMENT, JURY TRIAL WAIVER AND AND CLASS ACTION WAIVER (SEE SECTION 10 BELOW). PLEASE REVIEW THAT SECTION CAREFULLY, AS IT IMPACTS THE PARTIES' RIGHTS IN ANY DISPUTE.
The "Derma Progenix Sites" shall mean all areas and services offered or available on the interactive online service operated by Derma Progenix and/or its affiliates on the World Wide Web. The Derma Progenix sites consist of information, services and content provided by Derma Progenix and/or its affiliates and/or third parties.
Derma Progenix shall have the right at any time to change or discontinue any aspect or feature of the Derma Progenix including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately without further notice thereof. Amendments to the terms and conditions contained herein may be given by means including but not limited to, posting on the Derma Progenix Sites a revised version of this Agreement or notification by electronic mail. Any use of the Derma Progenix Sites after such notice shall conclusively be deemed to be acceptance of such changes, modifications, additions or deletions. The user agrees to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. “Express Consent”
By clicking “SUBMIT,” I am agreeing to receive text messages from www.dermaprogenix.com/ss2 and business partners. I provide my signature expressly consenting to recurring contact from Derma Progenix or its business partners at the number I provided regarding products or services via live, automated or prerecorded telephone call, text message, or email. I understand that my telephone company may impose charges on me for these contacts, and I am not required to enter into this agreement as a condition of purchasing property, goods, or services. I understand that I can revoke this consent at any time.
For SMS campaigns: Text STOP to cancel and HELP for help. Msg & data rates may apply. Recurring msgs up to 9 msgs per month.
4. Use of the Derma Progenix Sites.
A. The Derma Progenix Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Derma Progenix Sites are copyrighted as a collective work under the United States copyright laws. Derma Progenix is the owner of the copyright in the entire Derma Progenix Sites. Derma Progenix owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Derma Progenix Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Derma Progenix Sites without the express permission of Derma Progenix and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Derma Progenix Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.
B. You hereby grant to Derma Progenix and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to Derma Progenix (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
C. You shall provide Derma Progenix with accurate, complete and updated information provided by you at the time of your purchase.
D. The Derma Progenix Sites contain links to other Web sites, resources and advertisers. Derma Progenix is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Derma Progenix be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external siteís administrator or web master.
E. You agree not to take any action to interfere with the function or accessibility of the Derma Progenix Site or to take any action to restrict the access of others thereto.
F. The foregoing provisions of this Section 3 are for the benefit of Derma Progenix, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
G. dermaprogenix.com has carefully designed the dermaprogenix.com Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the dermaprogenix.com Site in any way that interferes with that purpose. In particular, dermaprogenix.com prohibits any party from displaying the content on the dermaprogenix.com Sites in any format where third party advertising or other materials that dermaprogenix.com did not authorize in writing is viewed or viewable together with dermaprogenix.com’ proprietary content.
5. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE dermaprogenix.com SITE IS AT YOUR SOLE RISK. NEITHER dermaprogenix.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE dermaprogenix.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE dermaprogenix.com SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES.
B. THE dermaprogenix.com SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT dermaprogenix.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL dermaprogenix.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE dermaprogenix.com SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE dermaprogenix.com OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE dermaprogenix.com SITE. dermaprogenix.com’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO dermaprogenix.com.
E. dermaprogenix.com NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE dermaprogenix.com SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL dermaprogenix.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE dermaprogenix.com SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE dermaprogenix.com SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
F. dermaprogenix.com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE dermaprogenix.com SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH dermaprogenix.com PRODUCTS OR SERVICES) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. dermaprogenix.com MAKES PRODUCTS OR SERVICES AVAILABLE ON THE dermaprogenix.com SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You agree to defend, indemnify and hold harmless dermaprogenix.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the dermaprogenix.com Sites, including claims by other users of your equipment, access or membership.
dermaprogenix.com shall have the right to immediately terminate this Agreement with respect to any user which dermaprogenix.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, and 8 shall survive termination of this Agreement.
All trademarks appearing on the dermaprogenix.com Sites are the property of their respective owners, including, in some instances, dermaprogenix.com, and/or affiliated companies.
9. Refund Policy
How To Initiate A Refund: If by any chance, you decide that one of our products are not for you, you can easily request your money back by sending an email to [email protected], or contacting our Customer Support Team at (800) 259-4954 or visit dermaprogenix.com for chat support.
10. Shipping Policy
We offer free shipping to orders over $30 anywhere in the United States. All orders placed between the hours of 6 am and 3 pm Monday through Friday will be shipped out in 24-48 hours. Business days are Monday through Friday, excluding all postal holidays. Handling is also included in your order. As soon as your order is shipped, you will be sent a confirmation email with your tracking numbers necessary to locate and track the status of your order in transit. Deliveries will take up: For USA: 3 to 5 business days
11. Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause
You agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Derma Progenix shall exclusively be settled through binding and confidential arbitration. Any such arbitration shall take place in the state and county where you reside subject to the laws of the state of Florida.
Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from a nationally recognized arbitration services such as JAMS pursuant to such organization's standard rules and procedures. The In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
In the case of arbitration and where permitted by law, you and Derma Progenix must abide by the following rules:
(1) ANY CLAIMS BROUGHT BY YOU OR Derma Progenix MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
(2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
(3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Derma Progenix will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
(4) Derma Progenix also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration;
(5) the arbitrator shall honor claims of privilege and privacy recognized at law;
(6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
(7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law;
(8) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator's award, or fails to comply with the Arbitrator's award, the other party shall be entitled to costs of suit, including reasonable attorneys' fees.