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Terms of Use

Last updated and effective: December 3, 2020.

Welcome. The terms, conditions, policies and notices contained in this document (these “Terms”) apply to the website operated by Derm to Door Corporation (“Derm to Door,” “we,” “us,” or “our”), including without limitation all services, products, content, features and functionality available through it (the “Site”). Please read these Terms carefully before using the Site.

BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU AGREE TO AND ARE LEGALLY BOUND BY THESE TERMS, INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF [VIRGINIA] LAW AND ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO OUR [PRIVACY POLICY].

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.

ACKNOWLEDGEMENT:  You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.

  • No medical Advice

Derm to Door is not a health care provider. The Site does not provide medical advice, diagnoses, or recommendations about medical treatment. You expressly acknowledge and agree that Derm to Door is not responsible for the results of any decisions made based on your use of the Site.

the content on the site is not intended in any way to be a substitute for professional medical advice. Neither the content nor any other service offered by or through the site is intended to be relied on for medical diagnosis or treatment. never disregard medical advice or delay in seeking it because of something you have read on the site. in an emergency, call 911 or your local emergency assistance number.

  • SITE CONTENT
    • The Site is for your personal and noncommercial use. Except as otherwise provided by a third party, all content on the Site is © 2020 Derm to Door Corporation and/or its licensors. Derm to door is a trademark of Derm to Door. The Site contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement, and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of the Site transfers any right, title, or interest in the Site, Content, or Intellectual Property Rights to you. Derm to Door and its third-party licensors retain all of our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
    • Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without the express written permission of Derm to Door. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
    • The Site is available worldwide to anyone with Internet access; provided that certain functionality may not be available to you depending on where you are located. The Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in your location. The Content of the Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Site is provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Site. We do not make any representations regarding the legality of the Site in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.
    • Derm to Door may use e-mail and text messages to communicate with you on a recurring basis. By providing your e-mail address and/or phone number, you consent and give permission to be contacted at such e-mail address and/or phone number by Derm to Door and its partners. You understand that consent is not a condition of purchase. You certify that you have provided your own contact information.
    • Certain materials on or features accessible through the Site may be furnished by third parties. Certain products, services, or company designations for companies other than Derm to Door may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, products, or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.
    • Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.
  • ACCOUNTS
    • Account Creation. In order to use certain features of the Site, including our Affiliate and Provider programs, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You acknowledge that you must be at least eighteen (18) years old to create and maintain an Account on the Site. You may be asked to provide your first and last name, create a username and password, and provide important contact information. If you register for an Account, you agree to: (i) submit truthful and accurate information; and (ii) update your information to maintain the accuracy of such information on an ongoing basis. You may delete your Account at any time, for any reason, by emailing us at [hello@dermtodoor.com]. We may, in our sole discretion, suspend or terminate your Account for any reason, without prior notice. The Derm to Door Affiliate Program is governed by the terms and conditions found [here].
    • Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information, and you agree not to provide any other person with access to the Site through use of your Account login information. You are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You shall never use another user’s Account for any reason without that user’s prior written permission. You may not transfer or assign your Account without first obtaining our express, written permission. YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR THE UNAUTHORIZED USE OF YOUR ACCOUNT.
  • FORUMS
    • There may be forums, public commentary, product reviews, discussion threads or blogs (the “Forums”) on the Site.  These Forums offer an opportunity for communication and information sharing among a variety of participants. The following are guidelines for participation in the Forums, which apply both to content and hyperlinks to external sites posted by Forum contributors:

 

      • Any comments, content, messages, text, opinions, suggestions, ideas, materials (including without limitation photographs and graphics) and other submissions (“User Submissions”) that you send to us or otherwise post, upload, submit, display, publish or share (hereinafter “post”) through the Forums are not confidential.
      • User Submissions that are abusive, vulgar, racist, slanderous, false, libelous, harassing, misleading, irrelevant, or otherwise objectionable, as Derm to Door determines in its sole discretion, are prohibited. Any post that calls for unlawful or illegal behavior or might result in harm to others is not allowed.
      • User Submissions do not represent the professional advice or opinions of Derm to Door or its staff. The results of any actions you take based on the advice you find in the Forums are your responsibility alone. You are solely responsible and liable for all activities conducted by you in such Forums and for the content of your User Submissions. You agree that you will not seek to hold Derm to Door liable for the User Submissions of others.
      • Users are solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law.  If you violate these Terms, you may have your access to the Forums suspended or may permanently be banned from using such Forums.  In the event that any user has concerns that posted information is objectionable, the user is encouraged to contact Derm to Door. 
      • You are not allowed to upload, post or transmit any message, data, code or software that would violate the proprietary rights of Derm to Door or others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, or any trademarks or service marks used in an infringing fashion. You agree that your User Submission(s) will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.   
      • You are not allowed to post photos or video of any third party without their express permission.  By uploading, transmitting or posting any User Submission on the Site or Forums, you warrant that you have express permission from all persons appearing in the media. 
      • You are not allowed to upload, post or transmit any materials, data or media through the Forums that includes your personally identifiable information (“PII”) or the PII of any third party (such as social security numbers, account numbers, addresses, phone numbers, employer references, etc.)
      • You are not allowed to post any advertisements or solicitations of business, chain letters or pyramid schemes, or to post the same posting more than once.

 

    • Enforcement. We have no obligation to monitor any Forums on the Site. However, we reserve the right to review, modify, distribute, remove or delete any User Submissions posted in the Forums, without notice and in our sole discretion. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. 

 

    • Perpetual License. By posting any User Submission, you grant Derm to Door a perpetual, non-exclusive, worldwide, irrevocable, royalty-free and fully sublicenseable license to use, copy, print, display, reproduce, modify, edit, adapt, translate, publish, post, transmit, create derivative works from, incorporate into other works, and distribute such User Submission, and any ideas, concepts, know-how or techniques contained therein, in its entirety or in part for any purpose in any media, whether now known or hereafter developed without restriction and without notice or compensation to you.  You grant Derm to Door the right to use your name and likeness in connection with any such use of your User Submission(s), but we are not obligated to identify you in connection with any such use.

 

    • Feedback. If you choose to submit feedback, you acknowledge and agree that you do so voluntarily without creating any contract or confidentiality obligations. The content of your User Submission, including but not limited to remarks, suggestions, ideas, graphics or other content, is and shall remain the sole property of Derm to Door.

 

    • Rights to Provide. You also certify that any person appearing in the User Submission has authorized Derm to Door to use copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the User Submission in its entirety or in part.  You represent and warrant that you will not provide any User Submission to which you do not have the full right to grant the license specified in this Section. You represent and warrant that we are free to exercise our rights to your User Submission(s) if we so desire, without obtaining permission or license from any third party and without reference to you or any other person. We are not obliged to maintain back-up copies of any material submitted or posted on the Forums.  You agree to indemnify Derm to Door and its employees, affiliates, and directors from any and all claims and losses, including attorneys’ fees, arising from any and all User Submissions you post and for any failure to comply with the Terms.

 

  • Orders
    • Product Availability and Information. The products and services displayed on the Site can be ordered and delivered only within the U.S. and certain select countries. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Derm to Door. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available at any particular time. Products included on the Site may have different attributes than those listed or may actually carry a different price than that stated on the Site. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. The actual color of products you see will depend in part on your computer system or mobile phone, and we cannot guarantee any color or texture or detail of actual products will be accurate. We do not guarantee the accuracy, completeness or usefulness of any descriptions or other content. In addition, we may make changes to information about price, availability or other product attributes without notice. You may not sell or resell any products you purchase or otherwise receive from us. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer or to cancel any order, including after it is submitted. All material and information presented by us is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.
    • Order Acceptance. The Site may provide an invitation for you to make us an offer to buy the items described. When you submit an order, it constitutes an offer to us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation email. These automatic order confirmation emails do not constitute our acceptance of the offer, and we reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
    • Promotions and Coupons. Without limiting the foregoing, we reserve the right to refuse or cancel any order placed using any coupon, discount or promotion (“Coupon”) that is erroneous in any way and/or was not distributed to you, as evidenced by our records. The coupon or promotion may be subject to additional or different terms (“Coupon Terms”), and the Coupon Terms control over these Terms. If there are no Coupon Terms, these Terms apply, and the Coupon: (a) is valid only at the website identified in the Coupon and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one per person; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law; and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping or any value added service. We reserve the right to limit, change or cancel any Coupon or associated order, without prior notice, even after you have attempted to redeem the Coupon or placed your associated order.
    • Order Information. When you use the Site to pay for product orders, you may be asked to supply certain information relevant to such order including, without limitation, your credit card number, the expiration date of the credit card, the security code of the credit card, billing address, shipping information, and phone number. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any such order; and that (ii) the information you supply to Derm to Door is true, correct and complete. Derm to Door will employ the use of third party services for the purpose of facilitating payment and the completion of such order. By submitting your information, you grant Derm to Door the right to provide the information to these third parties subject to Derm to Door’s [Privacy Policy].
    • Secure Ordering. Prices shown on a product’s information page do not include any credit card or other processing fee, sales tax, or shipping fees, which will be added to your total amount owed at the time of payment processing. Derm to Door uses [Secure Socket Layer (SSL) technology] for secure Internet transactions. All of your information is encrypted. To protect your information once it is received by Derm to Door, firewalls are designed to keep information safe and inaccessible to other Internet users. To confirm that your connection is secure, look for a locked padlock icon or solid key icon at the bottom of your browser window. The letters “https” (rather than “http”) located in the URL address window at the top of your browser will indicate that you are using a secure browser.
    • Shipping. In the event that we are unable, in accordance with standard common courier policies or due to supply shortage for any reason, to effect delivery at the address provided by you within [thirty (30)] days of shipment, we may elect to cancel your order. With respect to the shipment of products and services sold through the Site, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site.
    • Returns. For information on product returns, please see our [Return Policy].
  • USER CONDUCT

By using the Site, including any Content and services available through it, you agree that you shall not:

    • delete, modify, hack, or attempt to change or alter any of the Content on the Site;
    • attempt to access accounts, computer systems, or networks connected to any of our servers or to the Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Site;
    • use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with administration, security, and/or operation of the Site or other parties’ use of the Site;
    • use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
    • use any of our or our licensors’ or partners’ names, service marks, logos, or trademarks without prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
    • use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
    • transmit or upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
    • manipulate or otherwise display the Site or portions thereof by using framing or similar navigational technology;
    • probe, scan, or test the vulnerability of the Site or any network connected thereto;
    • misrepresent your identity, provide false or misleading information, impersonate another person or entity, misrepresent your affiliation with any entity, or attempt to use another user’s or an administrator’s account;
    • use the Site for or in connection with any illegal, unlawful or immoral conduct or purpose, including without limitation to publish, transmit or otherwise disseminate pornographic, sexually explicit or violent content; or
    • defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party.
  • PERMISSIBLE USE

Except as indicated to the contrary elsewhere on the Site, you may view, copy, retransmit, and print the Content available on the Site subject to the following conditions:

    • you may only use the Content for personal, informational, or non-commercial purposes;
    • you may not provide, sell, license, or lease the Content for any fee or other consideration;
    • you must ensure all copyright, trademark, and other proprietary rights notices included in the Content as presented on the Site appear on all copies;
    • you may not modify or alter the Content in any way; and
    • you may not use any graphics separately from accompanying text.
  • LINKED SITES; THIRD-PARTY CONTENT

Solely as a convenience to you, the Site may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink (“Linked Site”). The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.

You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. Derm to Door does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on the Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Derm to Door, or vice-versa; (b) third-party content accessible through the Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Sites; or (d) your dealings with any third parties found on or through the Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than us found on or through the Site.

Derm to Door does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites or any other Internet sites. We reserve the right to terminate such links at any time.

  • MODIFICATIONS TO TERMS

Derm to Door may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on the Site, which shall apply to your use of the Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Site following the posting of any updates or changes to these Terms constitutes your acceptance of such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of the Site immediately.

  • TERMINATION/MODIFICATIONS OF SITE

Derm to Door reserves the right to modify or terminate your access to the Site or portions of the Site, at any time, temporarily or permanently, with or without notice to you, for any reason, and is not obligated to support or update the Site. These Terms shall survive any termination. We also may impose limits on certain features and services, restrict your access to parts or the entire Site, or charge fees for access to portions of the Site without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site or portions of the Site.

  • Your Privacy

Derm to Door will treat any information it collects or receives from you through the Site in accordance with its online [Privacy Policy] (the “Privacy Policy”), which is incorporated herein by reference. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.

  • COPYRIGHT INFRINGEMENT

In accordance with the U.S. Federal Digital Millennium Copyright Act (“DMCA”), Derm to Door has designated an agent to receive notifications of alleged copyright infringement associated with the Site. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us at [hello@dermtodoor.com] or through the address at the end of this page. When notifying us of the alleged copyright infringement, please provide us with the following information:

    • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
    • identification of the copyrighted work alleged to have been infringed;
    • a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
    • information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
    • a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.

  • TYPOGRAPHICAL ERRORS

Derm to Door’s goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

  • EXCLUSION OF OTHER WARRANTIES

No employee, agent, representative or affiliate of Derm to Door has authority to bind Derm to Door to any oral representations or warranty concerning the Site.  Any written representation or warranty not expressly contained in these Terms will not be enforceable.

  • DISCLAIMER; LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. DERM TO DOOR IS PROVIDING THE SITE AND ALL CONTENT ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DERM TO DOOR DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, DERM TO DOOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. DERM TO DOOR DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

DERM TO DOOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, CONTENT, OR ANY PRODUCTS OR SERVICES PROCURED THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

  • Indemnity

You agree to indemnify and hold harmless Derm to Door, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, and, at Derm to Door’s sole election, defend the foregoing, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, your violation of these Terms, or your violation of any rights of another.

  • LIMITATION ON ACTIONS

You agree that any claim, dispute, or cause of action arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Derm to Door to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

  • DISPUTE RESOLUTION

You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Derm to Door may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the [Commonwealth of Virginia], U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the [Commonwealth of Virginia], or to any federal court located within the [Commonwealth of Virginia] for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 18 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over the [Commonwealth of Virginia], U.S.A.

  • GENERAL

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Derm to Door’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the [Commonwealth of Virginia] without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules and regulations of the United States will govern. Derm to Door may assign its rights and duties under these Terms without notice to you. You may not assign these Terms, in whole or in part, without Derm to Door’s prior written consent, and any assignment in contravention of the foregoing shall be null and void. These Terms, as posted from time to time on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to the subject matter.

  • CONTACT INFORMATION

If you have any questions about these Terms, the practices of Derm to Door, or your dealings with the Site, please contact us at [hello@dermtodoor.com]. You may also contact us to update your personal information by notifying us when you change your name or email address.

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