TERMS OF USE | dermacosmedics

Thank you for visiting the CosMedics, Inc., Website at www.dermacosmedics.com and allowing us the opportunity to serve you online. At CosMedics, Inc., we are committed to customer satisfaction through exceptional customer service and quality products.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE

By accessing, browsing or placing an order on www.dermacosmedics.com, you agree without limitation to accept the online Terms of Use and Polices of the Website and that CosMedics, Inc., and/or its affiliates, (herein referred to as “CosMedics, Inc.”, “we”, “us” and or “our”) operate and owns this website and the pages thereof (collectively the “Website”) in order to provide information about and/or to deliver DermaCosMedics® products and services offered by CosMedics, Inc.

Product Authenticity

To ensure the authenticity of the DermaCosMedics® product line our products are sold exclusively through CosMedics, Inc. and CosMedics International, LLC. If you obtain DermaCosMedics® from an unauthorized retailer, distributor, or website you do so at your own risk. If you see the DermaCosMedics® product line for sale on line send us an e-mail with the URL to info@dermacosmedics.com

Medical Advice Disclaimer

The content in this Website is for informational purposes and is not intended to provide medical advice, diagnose, treat, cure, or prevent any disease condition, nor shall it be construed as health care information for the management of any medical condition. Contact your physician immediately, if you believe that you have a health care problem. CosMedics, Inc. makes no guarantee about the accuracy, reliability, timeliness or completeness of any material accessible through our Site.

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND WEBSITE POLICIES, YOU SHOULD DISCONTINUE ACCESSING THIS SITE AND EXIT THE SITE IMMEDIATELY AND NOT PURCHASE PRODUCTS OR SERVICES FROM THIS SITE. WE RESERVE THE RIGHT FROM TO TIME TO TIME TO MODIFY THE TERMS OF USE AND WEBSITE POLICIES IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF USE AND WEBSITE POLICIES CAREFULLY IN ORDER TO MAKE SURE THAT YOU ARE AWARE OF THE MOST CURRENT TERMS OF USE AND WEBSITE POLICES FOR THE USE OF OUR WEBSITE. ANY USE OR VIEWING OF OUR WEBSITE BY YOU AFTER ANY CHANGE TO THESE TERMS OF USE AND WEBSITE POLICES, WHETHER OR NOT YOU HAVE REVIEWED THE AMENDED TERMS OF USE AND WEBSITE POLICIES, CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE AND WEBSITE POLICIES AS CHANGED. We reserve the right to discontinue the operation, maintenance or provision of this Website, any pages thereof, and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or any third party.

All sales and purchases of products and services made using this website (www.dermacosmedics.com) are also subject to our Terms of Use and Website Policies.

Third Party Links

CosMedics, Inc., and its affiliates to include our owners, affiliated companies, officers and directors of the board, vendors, partners, sponsors, and advertisers, and (without limitation) our media team involved in designing, creating, producing, and/or delivering this website and/or its contents are not responsible for the content of any web sites linked to this website.

Limited Licenses

You acknowledge and agree that CosMedics, Inc., owns all rights to this Website and the content and works of authorship displayed on the Website, including without limitation, text, software photos, images, sound recordings, scripts, and graphics (collectively, the “Site Property”). Unless otherwise expressly authorized you may not download, copy, repost, modify, upload, disseminate, publish, sell, broadcast, reproduce, circulate, distribute, retransmit, commercially exploit derivative from any Site Property in any form. You acknowledge that without the express written consent of CosMedics, Inc. that you may not use any Meta tags, Meta names and/or any other “hidden text” utilizing CosMedics, Inc.’s name or its trademarks. You further acknowledge and agree that the CosMedics names and its logos and all related product and service names, design marks and slogans, as well as other trade and service marks appearing on the Website (collectively, the “Marks”) are the property of CosMedics, Inc., and you are not authorized to use such Marks without our prior expressed written consent. You acknowledge that except as expressly provided in this Terms of Use we have granted no license or rights whatsoever in or to any Site Property or Marks, and we retain all rights therein. Unauthorized use of Site may give rise to a claim for damages and/or be a criminal offense.

Products and Services

The products and services available on this site are intended for retail sales to end user customers only. End user customers may not sell or resell any of the products or services you receive from us. We do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item that we believe in our sole discretion, may result in the violation of our Terms and Conditions.

Site Conduct

Your use of the site is subject to all applicable laws and regulations, and you shall comply with the Terms of Use posted on the site. This site is not intended for use by minors or for any illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. You also agree that your use of our Website is personal to you and that you will not resell or assign use of our Website or make any unauthorized commercial use of our Website. You agree that we may display advertisement and promotions of all kinds on the Website, and you agree not to disable any technology required or utilized to serve or display such advertising. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. You further acknowledge we have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your ability to purchase products or services without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Submissions

It is our policy to decline all unsolicited suggestion and ideas so please to not submit them to us under any circumstance. We further advise you to exercise caution when sending us e-mails through the internet as such transmissions may not be secure. Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether transmitted by electronic mail or other means, for any reason, inquiries, feedback, suggestions, ideas, or other information you provide us (collectively, “Submissions”) will be treated as non-confidential and non-proprietary. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. Subject to the terms of our Privacy Policy, by transmitting or posting any Submissions you herby grant us full ownership of the Submission as if we had create, developed and posted the Submission for our own purposes. You grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, uses, reproduce, sell or assign, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

Please do not submit confidential or proprietary information to us for we respect the intellectual property of others, and we ask you to do the same.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations outside of the United States will be doing so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all part of this Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use; and suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination of suspension, regardless of the reasons therefore, your right to purchase products and the use of the services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims or damages arising out of termination or suspension of any other actions taken by us in connection therewith

Electronic Communication

When you visit CosMedics, Inc. or send e-mails to us, you are communicating with us electronically and you are consenting to receive communications from us electronically. We will communicate with you by e-mail and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement the same as such communications in writing.

Copyrights

You acknowledge and agree that all content included on this site, such as the CosMedics name, slogans, all related product names, designed marks, text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of CosMedics, Inc. or its affiliates, and is protected by United Stated and International copyright laws and is the exclusive property of CosMedics, Inc., and you should assume that all contents of the Site are copyrighted unless otherwise noted and may not be used without the express written permission of CosMedics, Inc. Including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited.

Trademarks

You further acknowledge and agree that the CosMedics names and its logos and all related product and service names, design marks and slogans, as well as other trade and service marks appearing on the Website (collectively, the “Marks”) are the property of CosMedics, Inc. You are not authorized to use such Marks without our prior expressed written consent. You acknowledge that except as expressly provided in this Terms of Use we have granted no license or rights whatsoever in or to any Site Property or Trademarks, and we and /or our licensors retain all rights therein. All graphics, logos, page headers, button icons, scripts, service names and brand names appearing on this site are trademarks of CosMedics, Inc. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo and/or the name of CosMedics, Inc. or its Affiliates. All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CosMedics, Inc.

Accuracy of Product Descriptions

CosMedics, Inc. has made an effort to be as accurate as possible in its product descriptions; however, CosMedics, Inc. does not warrant that the product descriptions or other content of this site is accurate, reliable, complete, error-free or current. If a product offered by CosMedics, Inc. and it is not as described, your sole remedy is to return it in its unused condition.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OR WEBSITE IS AT YOUR SOLE RISK. The THIS WEBSITE IS PROVIDED BY COSMEDICS, INC ON AN “AS IS” AND “AS AVAILABLE” BASIS. COSMEDICS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OF THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COSMEDICS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COSMEDICS, INC. EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE TO COMPLY WITH ANY PRINTED DIRECTION.

COSMEDICS, INC. DOES NOT WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNITERRRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (iv)ITS SERVERS OR E-MIAL SENT FROM COSMEDICS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INFORMATION DISPLAYED ON THIS SITE IS ACCURATE OR RELIABLE OR THAT THE PRODUCTS OFFERED WILL MEET YOUR EXPECTIONS OR NEEDS. COSMEDICS, INC. WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND FOR ANY UNAUTHORIZED ENCLOSURE OF YOUR TRANSMISSIONS OR PERSONAL INFORMATION. COSMEDICS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDIND, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE FOREGOING NOTWITHSTANDING, THE SOLE AND COMPLETE LIABILITY OF COSMEDICS, INC., AND YOUR SOLE AND COMPLETE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED FROM COSMEDICS, INC. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OF THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPY TO YOU, ENTITLING YOU TO ADDITIOANL RIGHTS.

Indemnification

You agree to indemnify, defend and hold harmless CosMedics, Inc. against any claims, demands, causes of action, losses, expenses, damages, costs including reasonable attorney’s fees resulting from any Third party claim, or relating to your use of software robots, spiders, crawlers, or similar data gathering and extraction tools or, any action you or any other person take that imposes an unreasonable burden or load on our infrastructure.

Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Governing Law and Statute of Limitations

The owner of this Site is CosMedics, Inc. a U.S. corporation, located in the State of Florida in United States of America. This Website can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. You acknowledge and agree to submit to the personal jurisdiction of the Florida courts for the purpose of litigating all such claims. Nothing contained on the site should be construed as solicitation or promotion for any product in a way which is not authorized by the country in which the reader is physically located. We make no representation that the products and services available through our site are appropriate or available for use in location outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations are doing so on their own initiative and are responsible for compliance with local laws.

Disputes

Any dispute relating in any way to your visit to CosMedics, Inc. or to products you purchase through CosMedics, Inc. shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate CosMedics, Inc.’s intellectual property rights, CosMedics, Inc. may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts.

Any demand for arbitration brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Modification and Severability

We reserve the right to make changes to our site, policies and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed servable and shall not affect the validity and enforceability of any remaining condition.

Organization Identity

CosMedics, Inc.

9727 Northeast 2nd Avenue

Miami Shores, Florida 33138

Telephone: 1-305-759-6070

E-Mail: info@dermacosmedics.com

Site Policies

CosMedics, Inc. is committed to customer service and value. Our basic site policies are presented below. We welcome specific inquiries and suggestions for site improvement. If you have questions that aren’t answered below or are seeking a particular product, or service, please contact us at:

Telephone: 1-305-759-6070

E-Mail: info@dermacosmedics.com

Or write to us at:

CosMedics, Inc.

9727 Northeast 2nd Avenue

Miami Shores, Florida 33138

CosMedics, Inc. respects your privacy and is committed to protecting the privacy of our customers and visitors. Personal information received by CosMedics, Inc. is not shared or sold. Your use of this website constitutes your acceptance of this Privacy Policy and your consent to the practices it describes. Please take the opportunity to read the Privacy Policy before using and/or submitting information on this site.

Personal Information

Information is collected that you provide to us voluntarily during site visits and during the purchase process, such as name, billing address, shipping address, telephone number, e-mail address, payment information and information is also collected concerning the products you purchase. Site visit information is used only in aggregate form to help us enhance the overall CosMedics, Inc. shopping experience. Purchase information is maintained in account form as required to engage in secure consumer friendly ecommerce.

Non-Identifiable Information

Like most standard Web site servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate and identifiable information.

Third Party Sites

CosMedics, Inc. uses third-party service providers to process payments, operate and maintain our website, gather, store, analyze and process data, conduct e-mail communications and perform other marketing activities. We may provide your information to these third-parties, when needed; however, these third-parties are prohibited by contract from using your information for any other purpose and are required to comply with all applicable laws protecting your privacy.

Legal Disclosure of Information

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Security

Protecting your security is very important to us; CosMedics, Inc. is a Secure Site.

We use secure servers that utilize a firewall to protect your information, as well as the industry’s standard Secure Socket layer (SSL) encryption. SSL is state of the industry technology that allows for a secure and safe purchase transaction. Unfortunately, no one can guarantee the security of an internet transmission; and, accordingly, we cannot warrant the security of information you provide us online.

We take all reasonable security measures to protect stored personal and financial information. Credit card numbers are used only for payment processing. CosMedics, Inc. will not provide our customers’ personal or financial information to other companies or individuals.

We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain share, store or use personally identifiable information for any secondary purposes.

If users have any questions or suggestions regarding our privacy policy, please contact us at 1-305-759-6070 or via e-mail at info@dermacosmedics.com