MEDIDERMSTORE.COM AND MEDIDERMLAB.COM TERMS OF USE

Last Updated: January, 3rd 2017

Introduction

These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by Mediderm Laboratories, Inc.. ("Mediderm"), including www.medidermstore.com www.medidermlab.com (the "Sites"). We may add additional Sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. These Terms of Use govern your use of our Sites and your conduct, regardless of the means of access (computer or mobile device)_and these Terms of Use govern your use of those Interactive Services.

BY USING THE SITES, YOU AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, DO NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/Mediderm ,www.facebook.com/Mediderm.Laboratories www.twitter.com/Mediderm, www.instagram.com/Gomediderm, and www.youtube.com/Mediderm , www.pinterest.com/gomediderm ("Third Party Sites"). Our Terms of Use and other areas of our Sites provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with our Interactive Services, including services that involve Third Party Sites, but Mediderm does not control those Third Party Sites, and these Terms of Use, our do not apply to these sites or to the actions of people that Mediderm does not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using the Sites, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. Mediderm reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Mediderm decides to change these Terms of Use, Mediderm will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 1999-2016 Mediderm Laboratories, LLC. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Mediderm and protected by U.S. and international copyright laws. All software used on the Sites is the property of Mediderm or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Mediderm, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Mediderm is strictly prohibited.

Trademarks

Medidermstore.com and Medidermlab.com and all page headers, custom graphics and button icons are service marks, trade names, trademarks, and/or trade dress of Mediderm and may not be used in connection with any product or service that is not offered by Mediderm in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mediderm. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Product Information

The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. Mediderm products displayed on the Sites may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on Medidermstore.com and Medidermlab.com are quoted in U.S. Dollars and are valid and effective only in the United States. 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 Mediderm.

All material and information presented by Mediderm 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 and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Mediderm are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Mediderm it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

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: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites 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. Mediderm does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Mediderm does not represent itself as a physician or health care professional nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Sites, including any samples Mediderm may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Mediderm. Mediderm reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Mediderm in its sole discretion.

Color

While Mediderm has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Content

 

By submitting Content to Mediderm, you represent and warrant that:

1- You understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
2- You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Mediderm to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
3- All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
4- All Content that you post is accurate;
5- You are at least 18 years old;
6- and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

As used herein, the term content means all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, 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, "Content").


Guidelines for Interactive Services

We want to know what you think of the products you've tried, and we encourage you to leave feedback and reviews. When writing a review, posing a question on the Q&A Service, please follow the following guidelines:

1- Focus on the product and your individual experience using it;
2- Provide details about why you like or dislike a product; and
3-All submitted reviews, comments and questions are read by our moderators and are subject to these Terms of Use.

You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Mediderm official, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.

Mediderm reserves the right to not post a review or to withdraw a posted review for any reason. Your review will be excluded if it violates Guidelines or the provisions in these Terms of Use regarding submission of Content generally.

Third Party Content and Third Party Sites

Mediderm may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Mediderm does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Mediderm and such third party. Mediderm does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Mediderm is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Mediderm through the Interactive Services, do not necessarily reflect the views of Mediderm.

Mobile Services

If you access the Sites via your mobile phone (through an iPhone application, for example), please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

Modification of Content

Any Content that you submit is not confidential and may be used at Mediderm's sole discretion. Mediderm may or may not pre-screen Content. However, Mediderm and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Mediderm and its designees will have the right to remove any Content that Mediderm deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. Mediderm does not guarantee that you will have any recourse through Mediderm to edit or delete any Content you have submitted. Mediderm reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Mediderm reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Mediderm, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Mediderm, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

Disclaimer of Warranties

MEDIDERM IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIDERM DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MEDIDERM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. 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 laws. Price and availability information is subject to change without notice.

Disclaimer of Liabilities

MEDIDERM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. 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.

Indemnification

You agree to defend, indemnify and hold harmless Mediderm (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Interactive Services.

DMCA

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Mediderm's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

1- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2- A description of the copyrighted work that you claim has been infringed upon;
3- A description of where the material that you claim is infringing is located on the Sites;
4- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5- Your name, address, telephone number and email address (if available); and
6- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Mediderm's DMCA designated copyright agent for notice of claims of copyright infringement on the Sites is our General Counsel, Jerome B. Smith, who can be reached as follows:
Law Office of Jerome B. Smith

6060 Center Drive 10th Floor

Los Angeles, CA 90045

P: (310) 821-3300

E-mail: info10@medidermstore.com

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Mediderm's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

English Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

Dispute Resolution

If a dispute should arise between you and Mediderm, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-888-833-3897 or by sending an email to info10@medidermstore.com

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND MEDIDERM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Mediderm agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Mediderm’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Mediderm may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Mediderm, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Mediderm.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Mediderm in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MEDIDERM WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Mediderm at info10@medidermstore.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.

Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Mediderm, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.