PLEASE READ THESE TERMS OF USE CAREFULLY.
IMPORTANT: EVERY USER, AT THE TIME OF EACH ACCESS OR USE OF THIS WEBSITE, MUST READ AND FULLY AGREE WITH THE CURRENT TERMS OF USE PRIOR TO USING ITS CONTENTS.
EACH ACCESS OR USE OF THIS SITE CONSTITUTES THE USER’S AGREEMENT AND ACKNOWLEDGMENT TO BE CONTRACTUALLY BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF, IN EFFECT AT THE TIME OF ACCESS.
IF YOU DO NOT AGREE TO BE CONTRACTUALLY BOUND BY EACH AND EVERY TERM OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OR ACCESS ANY PART OF THIS WEBSITE, AND YOU MUST PROMPTLY EXIT THIS WEBSITE.
Revised and Effective Date: October 12, 2021
1. The parties to this Terms of Use agreement (“Terms” or “Agreement”) are Dermwave, the owner and operator of this website and “you”, the person, customer or party accessing, visiting or using this website or the party which is placing any reliance on its contents or operation. All references to “we”, “us”, “our”, this “website”, this “site” or the “Company” shall be construed to mean this website business and Dermwave
2. Modifications: We reserve the right to change, amend or modify these Terms of Use at any time, and without prior notice, by posting an amendment to these Terms of Use or posting a revised Terms of Use with a corresponding effective date that is always accessible through the Terms of Use link on this site’s home page. Your use of this site following our posting of an amendment or revised terms of use on this site will constitute binding acceptance of the current terms of use in effect at the time of your visit. These Terms of Use shall not be affected or modified by any oral agreements, course of conduct or dealing between the parties, course of performance or usage of trade. Further, these Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
3. Ownership: The entire content of this website, including without limitation, any material, photographs, trademarks, logos, artwork, text, graphics, user interfaces, audio and visual interfaces, is owned by Dermwave, and its licensors. The contents of this website is protected by law, including, but not limited to, United States copyright law and international treaties. No right, title or interest to any intellectual property rights is transferred to you by your use of or access to this site. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. Use and Restrictions: You are granted a non-exclusive, non-transferable, limited privilege to enter and use this website, subject to your acceptance and compliance with these Terms of Use and our Privacy Policy, which is an integral part of this agreement. The said privacy policy is always accessible through the link provided on our home page. Your use of this Site includes any and all of your activities on this website or any dealings with us including purchase of any products and services, regardless of the form or medium of communication, verbal, written, electronic or any other.
5. You are not authorized and you agree not to (i) copy, reproduce, republish, upload, post, sell, license, transfer, assign, or distribute the site, its services or contents; (ii) modify or make derivative work based on the site, its services or contents; or (iii) “frame” or “mirror” the site, broadcast or disseminate its services or contents on any other server or internet-enabled device; (iv) disseminate, broadcast or post the contents by any means or medium; (v) access this site by any means other than through the interface we provide, and not to access this site through any automated means, process or programs; (vi) copy or reproduce any contents of this website without our prior written permission; (vii) attempt to gain an unauthorized, illegal or illegitimate access to any portion, material or features of this website, (viii) attempt to gain unauthorized or illegal access to any account not owned by you, (ix) impersonate any other individual or entity or misuse the identity of any person or party, (x) impose an unreasonable or disproportionate burden on the infrastructure of the site, (xi) use any means, device, software or routine to attempt to interfere with or disrupt the proper operation of our website , (xii) use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or (xiii) engage in any activity that infringes on our rights and the rights of others.
You are fully responsible for safeguarding your password and access to our website. You agree to keep your details current.
6. You may only download or copy the material specifically authorized in writing by Dermwave; however, you are not granted and you do not acquire any right, title or interest in any such downloaded or copied material.
7. Postings to this Site: We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum, chat-room or social media engagements) as proprietary, private, or confidential. We have no duty or obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we, in our sole discretion and without notice, reserve the right to review such posts and to edit or remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable laws, rules or regulations, or is otherwise contrary to commonly accepted community standards, protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws, is strictly prohibited.
8. Social Media Interactions: We reserve the right to participate in any social media platforms through which you may engage or interact with us or through which we may engage or interact with you. You are solely responsible for your interaction, conduct and contents, including without limitation, any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of art or authorship, applications, links and any other materials that you submit, post or display on or through any social website. We cannot and we do not assume any risk or liability resulting directly or indirectly from such disclosure, or from any subsequent dialog resulting from your engagement or interaction.
9. Customer Interaction, Surveys, Contests and Opinions: You shall not be compensated for your participation in any program which invites customer input, opinions or suggestions, including without limitation, any blog, campaign, competition, promotion, survey, social media interaction or any other similar program, unless a pre-announced reward, prize or compensation, if any, for such program is specifically stated or announced by us in writing.
10. Defamation; Communications Decency Act Notice: This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings nor exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties. We do not assume liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
11. Monitoring: We reserve the right, in our sole discretion, to monitor your access and use of this site without notification to you. We may record or log your use in any manner as outlined in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.
12. Unsolicited Submissions: While we are always glad to hear from our customers, it is our policy not to accept, consider or pay for any unsolicited ideas, proposals, plans or suggestions other than those specifically authorized and requested by our management in writing through our legal department. To avoid any false expectations and misunderstanding, you are requested not to send us any ideas, suggestions, plans or proposals for our business for which you expect to be recognized, rewarded or compensated in any form or manner.
We shall be under no obligation to respond to or use any unsolicited submission. Further, by submitting any such submissions, you grant to us and our licensees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license, with the right to sublicense, reproduce, publicly display, distribute, transmit, edit, modify, create derivatives, sell, commercially exploit, use and disclose your submissions for any purpose and in all forms and all media, whether now known or which may become known in the future.
13. Additional Terms and Conditions: Additional terms and conditions may apply affecting specific transactions or parts of transactions, such as special offers, purchases, promotions, payments, shipping and returns. The said specific terms, conditions and agreements do not substitute or alter these terms of use, but they supplement these terms of use; however, in the event of conflict between these Terms of Use and specific terms, the latter terms shall control with respect to your use of that portion of the website or the specific products and service.
All promotions, special offers and discount codes are limited by their stated terms, and if no expiration is indicated for an ad, code promotion or offer, such offer may be withdrawn by the Company at any time without any prior notice and without incurring any liability.
14. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). All notifications of alleged infringement should be addressed in writing to: Dermwave, Attn: Legal Department, 50 Hospital Drive, Tylertown, MS 39667.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of alleged or claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your name, address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Upon receipt of all details, we will investigate the complaint alleging copyright infringement. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
15. Product Descriptions: We make reasonable efforts to describe the products on our website in general terms. The product descriptions are derived from various sources, including the product literature and customer comments; however, we cannot and we do not guarantee the accuracy or correctness of such descriptions. We do not guarantee that a product will give you the results as described on our website, or as advertised by the manufacturer or by anyone else; or that it will have the same outcome or effect on each customer. The packaging may be different from the one shown on our website. We also do not guarantee that our site or your monitor will display colors accurately. We reserve the right to improve, modify or discontinue our products and offer them at different prices and discounts. While we update the information on this website from time to time, we disclaim any duty or obligation to do so. The product descriptions provided by us are not to be construed as representations, advice or warranty of any type. Any offer for any product or service made on this website is void where prohibited by law.
16. Errors & Omissions: We shall not be held liable for any errors, omissions and inaccuracies in any part of the website, including errors in pricing, description and availability of any product. We may, at our sole discretion and without notice, correct any errors, omissions or inaccuracies, and suspend, interrupt or terminate operation of this website.
17. Orders: All orders shall be accepted and processed on stock availability basis, and are subject to acceptance by our head office. We, at our sole discretion and without incurring any liability, reserve the right to cancel or correct any order, limit quantities, discontinue any or all of our products, and offer our products at different prices, discounts and terms in different channels of commerce. We also reserve the right to cancel or correct any order, limit the quantities per geographic location, per billing or shipping address, per household, per account or charge card and other reasons or factors. In all such cases, we will notify the customer of our action.
18. Communication: Your email and phone number will be used for any communication regarding your order and other necessary communication. If you subscribe or opt-in to our promotional communications such as email or SMS messages, you may unsubscribe or opt-out by following the appropriate instructions or contacting customercare@dermwave.com.
19. Requirements for Accessibility: If you need any assistance in loading or viewing any contents on this website, please contact us at customercare@dermwave.com. We will help you with any problems, provide any resources and if needed, refer you to the appropriate technical staff. Please note that to access the contents on this website and third-party resources, you will need the most recent version of JavaScript to be properly installed and operating. Also for security, diagnosis and operation of this website, users cannot set their privacy settings to prevent us from knowing their non-personal information, general region, device type, browser version and like. Please note that we cannot be and shall not be held liable for any accessibility issues, costs or damages if your hardware, software and browser settings do not meet our requirements or are restricted in any way.
20. Our Website Does Not Give Medical Advice: The contents, including the product descriptions appearing on this website, are not and should not be construed as medical advice. Products sold by us are not medical products or medicines for cure for any physical, mental or emotional condition. All materials are provided only for general information, without any verification or authentication by us of any claims made by the manufacturers. We do not assume and disclaim any liability for any medical or health related problem, including any sickness, pain, discomfort or allergic reactions, which may result from the use of any contents, products or services offered through this website. If you suffer from a side effect, sickness, pain, discomfort or allergic reaction, stop using the product immediately and seek medical care as soon as possible.
21. Disclaimers:
THE FOLLOWING DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THIS WEBSITE OR PURCHASE OF PRODUCTS AND SERVICES OFFERED BY THIS SITE IS AUTHORIZED EXCEPT UNDER YOUR ACCEPTANCE OF THESE DISCLAIMERS:
THE INFORMATION, SERVICES, CONTENTS, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. THIS SITE, ITS LICENSORS, SERVICE OR CONTENT PROVIDERS, AFFILIATES AND AGENTS, SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE GREATER OF NINETY DAYS OR THE PERIOD REQUIRED BY APPLICABLE LAW. DISCLAIMERS AND LIMITATIONS OF LIABILITY APPEARING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.
All information provided on this Site is subject to change without notice. This site, its licensors, service or content providers, affiliates and agents do not represent or warrant that this site, and/or its contents: (a) will be complete, accurate, or free of errors and omissions. (b) will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software or system, (c) will meet your requirements or expectations, or (d) will be free of viruses or other harmful components; and (e) will be free from any breach of security associated with the use, transmission or archival of sensitive information, including your personal information and non-personal information, through this web site or any linked sites; and we disclaim liability for any loss or damages resulting from such adverse events.
22. Limitation of Liability & Actions:
You agree that any claim or legal action to resolve any claim or controversy arising under this agreement must be brought within one year from the later of the date of transaction or the date of delivery of goods, and not thereafter, and any such claim or cause of action shall be forever barred thereafter.
You agree that your sole recourse and remedy against Dermwave for any and all disputes and claims, regardless of how characterized, shall be to seek a refund of your payment for products and services from Dermwave All causes of action against Dermwave shall be combined in a single claim and shall be arbitrated or adjudicated in a single proceeding regardless of the theory of recovery or liability. You waive your right to initiate or join-in against Dermwave in any class, collective or representative action.
In any claim, controversy, legal action or arbitration, Dermwave, its licensors, service or content providers, affiliates and agents shall not be held liable for any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or character, even if Dermwave has been previously advised of the possibility of such occurrence, loss or damage.
However, if, notwithstanding the other provisions of these Terms of Use, Dermwave is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, you agree that the total liability of Dermwave, its officers, licensors, service or content providers, affiliates and agents, regardless of legal or equitable theory of claim, demand, recovery or cause of action, regardless of how alleged or characterized, the total damages or award, including legal fees and costs, shall not exceed the greater of two times the amount of purchase price plus the shipping cost or two hundred and fifty dollars (US $250.00). No recovery may be sought or received for damages other than actual expenses incurred by the customer. The said limitation shall apply even if this site or our licensors have been previously advised of the likelihood of occurrence of such loss or damage.
23. Scope of Disclaimers, Limitation on Liability & Actions: All Disclaimers and Limitation on Liability stated under this agreement: (1) shall extend to, protect, and inure to the benefit of Dermwave, its officers, employees, directors, shareholders, predecessors, successors in interest, licensors, service providers, content providers, subsidiaries, affiliates, agents and all parties which have any ownership, control, role or function in the development and operation of this website, and (2) shall apply to any and all claims, damages, liability and injuries premised on any theory of recovery or cause of action, including without limitation, actions in law or equity, breach of contract, tort, negligence, omissions, performance or failure of performance, public policy, interruptions, delays, defects, computer viruses, hacking attacks, transmission failures, theft or any other cause of action.
24. Force Majeure: Dermwave shall not be held liable for any damages for delay or failure of delivery arising out of causes beyond its control and without its fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, acts of terrorism, strikes, fires, riots, wars, embargoes, cyber attacks, internet disruptions, communication failures, and like.
25. Indemnification: You agree that your use of this site is solely at your own risk. In any claim, controversy or legal action brought against us by you or any third party, arising from or in any way connected with your use of this website, your non-compliance with the terms of this agreement or breach of your warranties, you agree to defend, hold harmless and indemnify Dermwave its officers employees, directors, shareholders, predecessors, successors in interest, licensors, service providers, content providers, subsidiaries, affiliates and agents from any and all costs, consequences, claims, loss, damages, liability and expenses, including legal fees.
26. Third Party Websites Links & Promotions: We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Links do not constitute an endorsement by us of these websites, their products or services. Your use of any third party site is on your own initiative and at your own risk, and you will be subject to the other sites’ terms of use and privacy policy. Any such correspondence or participation, including the purchase of products and services, delivery of and the payment for products, services or content, are solely between you and each such advertiser. You need to make your own independent judgment regarding these promotions. Dermwave disclaims any and all liability for the acts, omissions, conduct and negligence of third parties.
27. Consumer Rights Information: In accordance with California Civil Code Section 1789.3, you are notified that if you have any complaints or inquiries regarding pricing, we will be glad to investigate and respond to such matters. All such correspondence should be addressed to us at the contact address shown under “Contact Information” section of this agreement. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916- 445-1254.
28. Dispute Resolution:
Except for actions to protect intellectual property rights, seek injunctive relief and enforce an arbitrator’s decision hereunder, any controversy, dispute or claim arising out of or relating to this Agreement and any other agreements or contracts which you enter into with the Company or a breach thereof shall be submitted to and resolved by arbitration, by an arbitration firm selected by the Company, using a single arbitrator, pursuant to its procedures and then prevailing comprehensive rules. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All proceedings will be governed in all respects by the laws of the State of California, and conducted in English language. The arbitration shall take place in the City of Tustin, California, or any other city to be designated by the Company and may be conducted by telephone or online. The findings of the arbitrator shall be final and binding on the parties, and a judgment premised thereon may be entered in any court of competent jurisdiction in Orange County, California. Enforcement of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The arbitrator shall not have the power to alter the terms of this Agreement or rights reserved by the Company under this Agreement. Each party shall share and pay for the fees and costs of arbitration proceedings. In any arbitration of a dispute, the arbitrator shall only have the power to award individual relief and shall not have the power to award any class, collective or representative relief. Each party gives up and waives the right to a trial by jury, and agrees that all such matters shall be resolved by binding arbitration. Each party also waives and gives up his/her/its right to participate or join in any class, collective or other representative action.
You agree that in the event of a dispute or controversy arising from or in any way related to the use or operation of this site or any transaction through this site, the aggrieved party shall first give a written notice to the other party of his/her/its claim, allowing the responding party at least sixty (60) days to resolve the controversy or claim before resorting to any arbitration or formal resolution of the matter. This notice of claim shall be a condition precedent to the filing of any arbitration or any other proceedings against the other party. If the parties are unable to resolve any dispute within the said time period, then the parties may submit such controversy or dispute for resolution through a binding arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs not to exceed $1,000.00.
All notices shall be sent to the customer at his/her billing address, and the notice to Dermwave shall be sent to the following address: Dermwave, Attn: Legal Department, 50 Hospital Drive, Tylertown, MS 39667.
29. Governing Law & Jurisdiction: The use, terms, validity, interpretation and construction of this Agreement, including resolution of any and all disputes, claims and controversies, will be governed, interpreted and enforced solely pursuant to the laws of the State of California, without regard to its conflict of laws provisions. This Agreement shall be deemed to have been executed and delivered in the County of Orange, State of California. Any dispute, claim or controversy arising under this agreement, shall be brought and adjudicated exclusively by the State or Federal Courts located in Orange County, California, and in no other jurisdiction. You agree to exclusively submit to the personal jurisdiction of and venue of the state and federal courts in Orange County, California, and you waive any objection based on lack of personal jurisdiction, improper venue, or inconvenient forum with respect to the said jurisdiction or venue. You consent that in any dispute or legal action, we may request the court to submit the matter to a binding arbitration, and you waive any objection to granting of such motion. The application of any other laws, including the United Nations Convention of Contracts for the International Sale of Goods, is expressly waived. All legal proceedings and arbitrations shall take place in Orange County, California, and in no other venue.
30. Severability & Waiver. If any provision of these terms is declared to be invalid or unenforceable, such provision shall be deemed modified or limited to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue to be in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as provided above, as the case may be. Waiver of any provision of this agreement by Dermwave shall not be considered a waiver by Dermwave of any other terms and conditions of this agreement or waiver of its right to require strict compliance with all other terms.
31. Intended for Use Only within the United States of America: This site is intended for use only from within the United States of America. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
32. Privacy Policy: Your visit to this website and submission of any personal and non-personal information on this website is governed by our privacy policy. The said privacy policy is an integral part of this website’s Terms of Use. Our Privacy Policy is always accessible through the link provided on our home page. By using this website you are accepting the practices described in our Privacy Policy, and you also acknowledge and agree that Internet transmissions are never completely private or secure, despite all our efforts, encryption or other measures.
33. Contact Information: All communication regarding this website should be directed to us at: Dermwave, Attn: Operations, 50 Hospital Drive, Tylertown, MS 39667 or webmaster@dermwave.com.
USE OF THIS WEBSITE CONSTITUTES YOUR ACKNOWLEDGMENT AND AGREEMENT TO BE CONTRACTUALLY BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF. IF YOU DO NOT AGREE TO BE CONTRACTUALLY BOUND BY EACH AND EVERY TERM OF THIS AGREEMENT INCLUDING OUR PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THIS WEBSITE OR ITS CONTENTS, AND YOU MUST PROMPTLY EXIT THIS WEBSITE.
