Last Updated: January 15, 2020
Dermala Inc. (Dermala) provides the content and services found on www.dermala.com (“The Site”) subject to the following Terms and Conditions (“Site Terms”), which shall govern your use of the site, including all pages within the site. By using and accessing the site you are agreeing to accept all terms and conditions contained herein in full. If you do not agree to the Site Terms then do not use the service. This website is not for use by any minors (defined as those who are not at least 18 years of age).
- Intellectual Property Rights
Dermala, its affiliates, partners or licensors own all rights to the intellectual property and material, including but not limited to trademarks, logos, text, graphics, images contained in the site, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in the site terms, for purposes of viewing the material contained on the site.
You are restricted from all of the following: (i) selling, sublicensing and/or otherwise commercializing any material form The Site (ii) using The Site in any way that is, or me be, damaging to The Site (iii) using The Site in any way that impacts user access to The Site (iv) using The Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to The Site, or to any person or business entity (v) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to The Site, or while using The Site (vi) using The Site to engage in any advertising or marketing.
- Your Content
In the Site Terms “Your Content” shall mean any audio, video, text, images or other material you choose to display on The Site. With respect to Your Content, by displaying it, you grant Dermala a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. Dermala reserves the right to remove any of Your Content from The Site at any time, and for any reason, without notice. Any user ID and password you may have for The Site are confidential and you must maintain confidentiality of such information. You are responsible for all activities that occur under your account, even if you are not aware of the activities.
- Changes to Terms or Services
We may update the Site Terms at any time. If we do so, we will let you know by posting the updated terms on The Site. It is your responsibility to view the updated Site Terms when you view The Site or use the services. If you continue to use the services following an update of the Site Terms, you are agreeing to the new Site Terms.
- No warranties
The Site is provided “as is,” with all faults, and Dermala makes no express or implied representations or warranties, of any kind related to The Site or the materials contained on The Site. Additionally, nothing contained on The Site shall be construed as providing consult or advice to you.
- Purchase of Products
All products, specifications and prices described on The Site are subject to change at any time without notice. (a) Payments. By initializing a purchase on The Site, you authorize us to provide your payment information to third parties to complete the transaction and to charge your payment method. (b) Returns. If you are not satisfied with your purchase, you can receive a full refund during the first 60 days following your purchase by emailing us at FOBO@dermala.com. Dermala will credit you back for the cost of your purchase (shipping not included).
If you have chosen to open a subscription account with Dermala, you hereby agree to pay all charges associated with your account in accordance with the billing terms in effect at the time the fee or charge becomes payable. Your subscription will be automatically renewed every 30 days, and your credit card on file will be automatically charged for as long as you remain a subscriber. You agree that Dermala is not obligated to send you any reminders of a subscription renewal or any confirmations of automatic credit card charge. If the credit card on file cannot be charged for any reason, we reserve the right to cancel or terminate your subscription. You can cancel your subscription at any time by emailing us at FOBO@dermala.com. If you have a month-to-month subscription you will not be charged for the upcoming subscription period or anything thereafter upon cancellation. If you have a three month, or six month subscription and you cancel before the specific time length is up (for example, before 3 months or 6 months) then the customer is responsible for paying the “savings” that have accrued to date. For more information, please email FOBO@dermala.com or call us at (858)432-6390.
- Limitation of liability
In no event shall Dermala, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of The Site, whether such liability is under contract, and Dermala, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of The Site.
You hereby indemnify to the fullest extent Dermala from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney fees) arising out of or in any way related to your breach of any of the provisions of these Site Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
- Contact Information.
If you have any questions about these Terms, the Products or the Services, please contact Dermala at FOBO@dermala.com.