TERMS AND CONDITIONS
This website, www.DermGirls.com (the "Site"), is owned and operated by DermGirls, LLC ("DermGirls," "We" or "Us"). The use of this Site by a user (“You,” “User” or “Customer”) is subject to the following terms and conditions ("Terms and Conditions"). It is important that You read and understand all of the following Terms and Conditions before making a purchase.
These Terms and Conditions constitute a valid, binding contract between You and Us (the “Agreement”). YOUR USE OF THE SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS THEY MAY BE AMENDED BY DERMGIRLS FROM TIME TO TIME.
The information, resources, product descriptions, communication forums, educational materials, and all other content (collectively the "Content") contained on the Site is provided for informational purposes only, and should not be construed or relied upon as medical advice. No person should act or refrain from acting on the basis of any Content included on the Site without seeking a medical or professional opinion. We do not represent or imply in any way that we are medical professionals. If You need medical attention, call 911 or Your physician immediately. DermGirls expressly disclaims all liability with respect to any actions taken or not taken based on any or all of the Contents on this Site or products sold on this Site.
USE OF SITE
The Content on this Site is for Your personal use; and may not be copied, downloaded, printed or reproduced without the express written authorization of DermGirls. Your right to use the Site is at the sole discretion of DermGirls, and may be revoked by DermGirls at any time or for any reason. No use of the Site or purchases made through the Site shall entitle You to any future use of the Site.
DermGirls does not permit any minor to make a purchase through the Site. All purchases of our products must be made by a person 18 years of age or older.
The Site may not be used to make any misrepresentations or transmit any unlawful or harmful content. Use of the Site, and any purchases hereunder, are subject to all applicable laws.
All purchases shall be made by credit card or through Paypal. Your credit card or Paypal account will be charged at the time that Your order is placed.
All of our purchases are backed by a 100% satisfaction guarantee. You may return all products within 30 days of purchase, if returned within our guidelines set forth at Return Policy. DermGirls may revise this policy for all subsequent purchases at any time.
All prices and promotions are subject to change without prior notice. Some promotional codes and offers are specific to single marketing partners, and are always subject to the conditions and parameters of the promotion. Certain products may be excluded from offers or promotions.
All transactions on the Site, including purchases and refunds, are made in US Dollars.
All purchases from DermGirls are for consumer use only. Products may NOT be resold. Dealer orders will be rejected.
DermGirls will collect sales tax on all transactions where required by applicable law. Depending on the State in which You reside, You may be responsible for State sales or use tax for Your order, regardless of whether the sales tax was collected by DermGirls.
If You choose to voluntarily submit any information, communication or content (including pictures or anecdotes) to the Site, You agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of DermGirls, and that all title and interest therein, including all rights of copyright, shall rest with DermGirls at the time they are submitted and/or posted. The submission of such materials in no way creates any obligation or duty on the part of DermGirls to post or use such material. If We do use such content, DermGirls shall have no obligation to credit You as a source.
DermGirls shall not be liable to You for any loss or injury caused in whole or part by either negligence or contingencies beyond its control in procuring, compiling, or delivering information posted on this Site. In no event will DermGirls or the contributors of information to this Site be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
DermGirls reserves the right, in its sole discretion, to monitor and review any activity or messages posted on this Site; and reserves the right to remove or restrict any content from the Site. However, You also acknowledge that DermGirls has no obligation to screen or monitor any messages posted on the Site. DermGirls shall have no responsibility or liability of any kind in connection with any third-party messages posted on our Site.
We respect the privacy and confidentiality of our valued Customers, so all information gathered about You by DermGirls through the Site will be kept strictly confidential. We do not sell the names of our Customers, and We destroy Your payment information after orders are processed.
However, You are responsible for maintaining the confidentiality of Your Username, Password and Account. You agree to defend, indemnify and hold DermGirls harmless from any liability or expense arising from Your loss or misuse of the User Account. You agree to immediately notify DermGirls of any unauthorized use of the User Account or any other breach of security known to You.
DermGirls shall adhere to all applicable laws regarding the privacy of Your information.
We may use Your information in the following ways:
LINK TO OTHER WEBSITES
This Site may contain links to third-party websites, which are not owned or controlled by DermGirls. DermGirls is not responsible for the content or accuracy of any information contained on such third-party websites, and makes no recommendation, endorsement, or representation regarding such content. Any link to a third-party website is done for informational purposes only. If You choose to access a third-party website, You do so at Your own risk.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DERMGIRLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, OR ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR CONTENT, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ANY AND ALL INFORMATION CONTAINED ON THE SITE, INCLUDING PRODCUT AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT NOTICE.
DERMGIRLS MAKES NO WARRANTY THAT:
1. THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
2. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
You agree to defend, indemnify, and hold DermGirls harmless from and against any and all claims, losses, damages, costs, and liabilities, including without limitation, claims based upon the negligence of DermGirls, arising from or related to Your use of the Site, the Contents, the products purchased through the Site, or any website linked to this Site.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DERMGIRLS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DERMGIRLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR IN CONNECTION WITH THE USE OF THE SITE; ANY PROUDCTS PURCHASED THROUGH THE SITE; OR ANY OTHER MATTER RELATED TO THE SITE; WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS AVAILABLE ON THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, DERMGIRLS' LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST DERMGIRLS ARISING OUT OF USE OF THE SITE.
INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by DermGirls and is protected by copyright, trademark, trade dress and other intellectual property rights.
DermGirls’ mark and logo, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by DermGirls. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of DermGirls. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these Marks and/or in connection with any product or service that is not authorized, sponsored, endorsed by, or affiliated with DermGirls.
DermGirls grants You a personal, revocable, non-transferable, and non-exclusive right and license to use the Site; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY OF THE CONTENT ON THIS SITE IS EXPRESSLY PROHIBITED.
DermGirls may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon being posted on the Site.
This Agreement constitutes the entire agreement between You and DermGirls with respect to Your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to Your use of the Site except as set forth in this Agreement.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
GOVERNING LAW AND VENUE
This Agreement, the entire relationship between You and DermGirls, and any litigation or other legal proceeding between You and DermGirls (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to its choice of law rules. Any litigation arising between the parties hereto shall be brought only in the State or Federal courts having subject matter jurisdiction in Milwaukee County, Wisconsin. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.