TERMS OF SERVICE
Welcome to the website of thedermreview.com (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our web site and hereinafter “You” or “Your”) for visiting Our site and considering Our products and services.
By using Our website You irrevocably agree and acknowledge that you have read, understood, and agree to be bound by the terms and conditions of Our website. You hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us. Please do not use this Site if You disagree with any part of the Agreement.
These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms and conditions in this document by any act demonstrating Your assent thereto, by merely accessing the Website, whether you have read these terms or not.
In addition, you consent to receive electronic communications from Us relating to Your account. You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from Us, such as newsletters special offers, promotional announcements, and customer surveys via email or other methods.
WHY THE DERM REVIEW IS RELEVANT
The Derm Review is a richly informative resource by and for skincare enthusiasts. No ingredient is too complex, no botany or chemistry too confusing, for us to demystify and explain in minute detail.
Our goal is to provide you with accurate reviews that take a deeper look into ingredients, formulation, cost, and consumer opinion to make it a little bit easier for you to decide what products are best to address your needs.
The Derm Review strives to provide you with accurate, detailed, and helpful information. Please know, though, that this site is affiliated with both Formulyst and Carrot & Stick , whose products are among those we review and rank. Those affiliations may affect the site’s rankings and reviews.
USER NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your User Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
WEBSITE USE IS LIMITED TO ADULTS
We do not intentionally collect Personal Information from children who are younger than the age majority in Your jurisdiction.
USING GOOD CITIZENSHIP ON THE WEB
You understand and agree that You will not Use Our website to: Post, upload or transmit any content that is patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
impersonate another person; or stalk or otherwise harass another; or harm a minor in any way; or promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the site; or post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes; or promote an illegal or unauthorized copy of another person’s copyrighted work; or upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment: or use software that automatically creates user identities: or intentionally or unintentionally violate any applicable local, state, national or international law; or post inaccurate or misleading information; or solicit money from any poster.
You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors. Finally, We may delete data and posts which violate this Agreement; or delete data for any reason or for no reason based on Our sole discretion.
DIGITAL MILLENNIUM COPYRIGHT ACT
As provided for in the Digital Millennium Copyright Act; if You feel any content on this website violates Your copyrights, please contact by email or regular U.S. mail with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once We have received Your complaint We will:
- Remove or disable the identified infringing material (but maintain a copy for later use);
- Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
- We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
Counter Notification – To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent by email or regular U.S. mail that includes substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter-notification or an agent of such person.
Upon receipt of a counter-notification We will promptly provide the complaining party with a copy of the counter-notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter-notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.
We hereby claim The Derm Review TM, and thedermreview.comTM to be trademarks of Our Company.
All trademarks, logos, service marks, and trade names are proprietary to Us. All of the brands and product names cited herein are trademarks. Further, product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to the Website should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any marks appearing on Our website without the prior written consent of Us or the third-party owner thereof.
All content included on Our website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Ours and is protected by UK and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on thedermreview.com is the Our exclusive property and protected by UK and international copyright laws. Any use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content of thedermreview.com is strictly prohibited.
THE MATERIAL DISPLAYED ON THIS WEBSITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS, OR WARRANTIES AS TO ITS ACCURACY. THE INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE. EVERY EFFORT HAS BEEN MADE TO ENSURE THE EFFICACY OF OUR PRODUCTS; HOWEVER, THEY ARE FOR COSMETIC PURPOSES ONLY AND HAVE NOT BEEN APPROVED BY ANY MEDICAL OR PHARMACEUTICAL LICENSING BODY. IT IS ENTIRELY YOUR RESPONSIBILITY TO DETERMINE THAT OUR PRODUCTS ARE SUITABLE FOR YOU AND IT IS NOT OUR RESPONSIBILITY TO DO SO. IF FOR ANY REASON, YOU ARE CONCERNED ABOUT THE REACTION OF YOUR SKIN TO OUR PRODUCTS, YOU SHOULD SEEK IMMEDIATE ADVICE FROM A MEDICAL PROFESSIONAL.
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR SUPPLIERS, CONTENT PROVIDERS, AND
ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF OUR PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. OUR PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You hereby warrant that You will not use the information provided by Us in violation of any International, Local, State, Federal or International law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of International, Local, Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control
of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire, or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel, or utilities or for any other cause beyond Our control.
You may not assign the rights or obligations under this Agreement.
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at [email protected]thedermreview.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You.
If the parties are unable to resolve a dispute arising under these Terms and Conditions by discussion and negotiation within 14 days of receipt of written notice of the dispute from a party, then the dispute will be referred to mediation. The mediation shall be conducted in Auckland (or such other mutually convenient forum in New Zealand) and administered by LEADR under its Commercial Mediation Procedures. Each party will bear its own costs of mediation and will pay one-half of the mediation costs. If mediation has not resolved the dispute within one month of the matter being referred to mediation, then either party may commence arbitration proceedings.
The parties have agreed that in the event of arbitration, all disagreements and matters in dispute between them shall be referred to a sole arbitrator for final determination in accordance with the Rules of Arbitration of the New Zealand Dispute Resolution Centre (the “Rules”) and that the parties will be bound by the findings of the said arbitration subject only to such rights as the parties may have under Articles 33 & 34 of the First Schedule to the Arbitration Act 1996 (the Act).
The parties agree to use their best endeavors to agree on an arbitrator within 5 working days of the date of issue of a Notice of Arbitration in terms of the Rules. The parties agree to the use of email for the service of all notices and for all legal requirements in connection with arbitration pursuant to these Terms and Conditions.
Please send any official notices regarding these Terms and Conditions to [email protected]thedermreview.com.
If the venue of this arbitration provision is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the Parties agree that the arbitration shall be held under the rules of the American Arbitration Association in Akron, Ohio. Should a court of competent jurisdiction deny arbitration then this Agreement and Your use of Our website will be governed by the laws of the State of Ohio, and the state and federal courts of general jurisdiction serving Akron, Ohio, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
If any provision, or portion thereof, of this Agreement, is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of October 28, 2022. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our website.