PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“Terms and Conditions”) CAREFULLY BEFORE USING THIS SITE (the “Site”):
BY USING THE SITE PROVIDED BY THE OWNERS OF THEDERMREVIEW.COM AND/OR THEIR NOMINEE AND THEIR SUBSIDIARIES, AGENTS, EMPLOYEES OR CONTRACTORS (“thedermreview.com”, “we”, “us”, “our”) OR PLACING AN ORDER FOR THE PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THE SITE YOU (“YOU”, YOUR”) IRREVOCABLY AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS INCLUDING ANY MEDICAL DISCLAIMERS . If you are not eligible, or do not agree to the Terms and Conditions, then please do not use this site.
You must be at least eighteen (18) years of age to use this Site. By agreeing to the Terms and Conditions, you represent and warrant to us that you are at least eighteen years of age. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and Conditions and you agree to be bound by these Terms and Conditions on behalf of such organization.
This Site does not provide medical advice. The content of the Site, such as text, images, animations, videos, and/or any information obtained from thedermreview.com’s licensors, and other material contained on the thedermreview.com Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
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. Use of the Sites is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any information received from the Sites, or purchased as a result of 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. The Site does not give or intend to give any answers to medical related questions and the Site does not replace any medical professional or medical resource. The Site does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
If you think you may have a medical emergency, call your doctor or your country’s emergency telephone number for medical help. The Site does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site, thedermreview.com employees, others appearing on the Site at the invitation of Thedermreview.com, or other visitors to the thedermreview.com Site is solely at your own risk.
The products displayed on the Site can be ordered and delivered only within the U.S. and certain select countries. To purchase products, you will be directed to a third-party site. You will not be purchasing product from us. Products displayed on the Sites may be available for purchase only online in the U.S. and certain foreign markets based on the third-party’s sales practices. Any 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.
All material and information presented on the Site is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration, or any regulatory agency, and the results reported, if any, may not necessarily occur in all individuals. The statements are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product recommended or evaluated by the Site it should be only after the legal or parental guardian has discussed the product with the minor’s doctor.
While we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
RESPONSIBILITY OF YOUR CONTENT
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Your Content”). We will not accept Your Content from you unless you provide a valid email to the Site and comply with any site verification module.
You are strictly prohibited from posting links on the Site. All links posted by users are subject to removal at the sole discretion of the webmaster.
All views and opinions expressed are solely those of the respective authors, contributors, and customers who provide product reviews.
USE OF CONTENT
Thedermreview.com authorizes you to view or download a single copy of the material on the thedermreview.com Site (“Content”) solely for your personal, non-commercial use. Title to this Content remains with thedermreview.com or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. This Content and the Site’s features are subject to change or termination without notice in the editorial discretion of Thedermreview.com. All rights not expressly granted herein are reserved to Thedermreview.com and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of this Content.
LIABILITY OF THEDERMREVIEW.COM AND ITS LICENSORS
The use of this Site is at your own risk. When using this Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Thedermreview.com and its suppliers. Accordingly, Thedermreview.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.
This Site and the Content are provided on an “as is” basis. Thedermreview.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Thedermreview.com, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of all Content, including text, graphics, links, or communications provided on or through the use of the Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall thedermreview.com, its licensors, its suppliers, or any third parties mentioned on the Thedermreview.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Thedermreview.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Thedermreview.com, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. Thedermreview.com, its licensors, its suppliers, or any third parties mentioned on the Thedermreview.com Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Thedermreview.com, its licensors, its suppliers, or any third parties mentioned on the Thedermreview.com Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
USER CONTENT REPRESENTATION AND WARRANTIES
The Content available on the Site includes Content posted by you and other users (“User Content”) You are solely responsible for the User Content you upload and the consequences of posting or publishing such User Content. By posting and publishing such User Content, you affirm, represent, and warrant that:
You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Thedermreview.com and users of the service to use and distribute your User Content as necessary to exercise the licenses granted by you and in the manner contemplated by these Terms;
Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
In the event we receive a notice of complaint from a third party alleging that any User Content is false, misleading or may slander, defame, libel, or invade the right of privacy, publicity or other property rights of such third party, and the author of such User Content is not publicly identifiable from such User Content, we may either provide the identity of the author to said third party (if permitted by said author) to allow said third party to settle the matter directly with the author. Alternatively, we will remove such User Content within 48 hours of receiving such notice. A valid notice of complaint must include (a) the name and email address of the third party (b) URL or location of User Content complained of (c) explanation of the legal grounds for the complaint and the justification for its removal (d) confirmation that third party consents to their name, email address, and a copy of the notice of complaint being provided to the author (if known).
USER CONTENT DISCLAIMER
We are under no obligation to edit or control the User Content that you and other users post or publish, and will not be in any way responsible or liable for this User Content. However, thedermreview.com may at any time and without prior notice, remove this User Content that in our sole judgment violates these Terms and Conditions or is otherwise objectionable. You understand that when using the Site you will be exposed to your content from a variety of sources and acknowledge that this content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Thedermreview.com with respect to this content. We expressly disclaim any and all liability in connection with this content.
If you access the Site via a mobile device (through an application, for example), we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
You agree that you will be personally responsible for your use of this Site, and you agree to defend, indemnify and hold harmless Thedermreview.com and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the this Site; (ii) your violation of the Terms and Conditions or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
DISCLAIMERS; NO WARRANTIES.
THE SITE AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THEDERMREVIEW.COM ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.
THE INFORMATION PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. THEDERMREVIEW.COM DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE services and products provided on the Site, including without limitation those in connection with dermatology products and services. The fact that Thedermreview.com is including or displaying any third party product or service on the Site is not an endorsement or a recommendation of the product or service. Thedermreview.com does not make any representation, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or services and products.
Thedermreview.com does not make any representations, warranties or guarantees, express or implied, regarding any content provided on or through the Site. Thedermreview.com does not endorse any particular product and cannot guarantee the quality, or reliability of any product.
LIMITATION OF LIABILITY
IN NO EVENT WILL THEDERMREVIEW.COM AND ITS LICENSORS AND SUPPLIERS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THEDERMREVIEW.COM AND ITS LICENSORS AND SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THEDERMREVIEW.COM AND ITS LICENSORS AND SUPPLIERS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SITE OR SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO THEDERMREVIEW.COM FOR ACCESS TO AND USE OF THE SITE OR SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By viewing, using, or interacting in any manner with this Site, including banners, advertising, pop-ups, or downloads, and as a condition of the Site to allow your lawful viewing, you forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
For more information, please review our full Disclosure Policy.
NO CLASS ACTIONS
To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may against Thedermreview.com in connection with or related to the Site or products or services available via the Site will be resolved individually, without resort to any form of class action.
You acknowledge that Content accessed through the Site is the sole responsibility of the person that made such Content available. Such Content, including but not limited to articles, blogs, videos, advertisements, and third-party links on the Site, may be subject to intellectual property rights held by the owner of the Content. You may not use, adapt, copy or distribute Content (either in whole or in part) unless you have written permission of the Content owner and provide an equivalent license to thedermreview.com. You acknowledge and agree that: (i) thedermreview.com owns all legal right, title and interest in the Content created by thedermreview.com, including any intellectual property rights which subsist in the Content and (ii) that you hereby grant thedermreview.com a royalty-free, non-exclusive, perpetual, irrevocable, unrestricted, worldwide license to use, modify and publicly display your User Content on the Site and our other affiliate websites. Any registered and unregistered trademarks appearing on the Site belong to thedermreview.com, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.
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 half 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 endeavours to agree 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 an arbitration pursuant to these Terms and Conditions.
Access to this Site may not be legal by certain persons or in certain countries. You are responsible for compliance with the laws of your jurisdiction.
Notices. Thedermreview.com may provide you with notices, including changes to these Terms and Conditions, by sending a notice to your last-known email or address, or by posting on the Site.
No Waiver. Thedermreview.com’s failure to enforce any right or power under these Terms and Conditions will not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of the Terms and Conditions.
Termination. Either you or thedermreview.com may terminate this legal agreement with you at any time by providing notice in writing, at which point you must cease your use of the Site.
Severability. In the event that any provision of these Terms and Conditions is held invalid or unenforceable in your jurisdiction, such provision will be severed from these Terms and the remaining Terms and Conditions shall remain valid and enforceable. If any invalid or unenforceable provision would be valid or enforceable if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Force Majeure. Thedermreview.com shall not be deemed in breach of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond thedermreview.com’s reasonable control.
Assignment. This agreement may not be assigned by you without our prior consent in writing. Thedermreview.com is permitted to assign any of its rights and obligations under this agreement at any time by written notice to you.
You expressly agree that exclusive jurisdiction for any dispute with Thedermreview.com, or in any way relating to your use of the Thedermreview.com Site, resides solely in the Courts of New Zealand will be governed by the laws of New Zealand without regard to conflict of laws, and you further agree and expressly consent to the exercise of personal jurisdiction by the courts of New Zealand in connection with any such dispute, including, but not limited to, any claim involving Thedermreview.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
All provisions survive the expiration or termination of this Agreement for any reason whatsoever.
These Terms and Conditions were last updated on 7 February 2017.