Terms of Service
Welcome! This website (the “Site) is owned and operated by Dermarché® Labs, LLC. Throughout the Site, the terms “we”, “us”, “our” and “Dermarché” refer to Dermarché® Labs, LLC. We offer this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of this Site, you agree to be bound by these Terms of Service, whether or not you have read them. If you do not agree to all the terms and conditions of this agreement, then you may not access, view, download or otherwise view or use the Site or use any services to purchase any cosmetics and, accordingly, you should not do so.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.
Use of Site
You represent and warrant that you are at least 18 years old or visiting our Site under the supervision of a parent or guardian. If any minor uses any products or services from our Site, it should only be after the parent or legal guardian has discussed such product or service with the minor’s doctor.
Subject to the terms and conditions of this Agreement, Dermarché hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site only for personal entertainment and informational uses only and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Dermarché in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Dermarché in writing. This, of course, excludes the downloading and temporary caching of this Site on a personal computing device for the explicit purpose of viewing this Site, as well as any content clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Dermarché in advance. Dermarché reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Dermarché believes that customer conduct violates applicable law or is harmful to Dermarché’s interests.
You agree not to circumvent, disable or otherwise interfere with security-related features of our Site or features that prevent or restrict the use of any Site content or enforce limitations on use of the Site or the content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
From time to time, the Site may include information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after you have submitted your order).
You may elect to set up an Account during your checkout process for faster checkout on future orders. When you set up an Account, you are required to provide your name, email, shipping address and select a password (collectively, your “Account Information”). You may not transfer to, or share, your Account Information with any third parties. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. Each time you use a password or identifying information, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. YOU WILL BE SOLELY RESPONSIBLE FOR PROTECTING THE SECURITY AND CONFIDENTIALITY OF THE IDENTIFICATION AND PASSWORD ASSIGNED TO YOU AND ALL ACCESS TO AND USE OF THIS SITE BY ANYONE WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. In no event will we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You may not use anyone else’s Account at any time, without the permission of the Account holder. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Merchandise, Products, and/or Services
The products and services available on our Site can be ordered and delivered within the United States. All prices 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 Dermarché.
All Content is intended to be used for personal use only. Any statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may vary among individuals. Products, services, and Content are not intended to diagnose, treat, cure, prevent, or mitigate any disease or health-related condition. All products should be used strictly in accordance with their instructions, warnings, precautions, and guidelines. You should always check product ingredient lists to avoid potential allergic reactions.
The products and services available on our Site are for your personal use only. You may not sell or resell any products that you purchase or otherwise receive from or through our Site. We reserve the right, with or without notice, to cancel or reduce the quantity of any order of products to be filled or otherwise provided to you that may result in a violation of this Agreement, as determined by us in our sole discretion.
Responsibility for User Content
You are solely responsible for all content that you upload, submit, post, email or otherwise transmit via or to our Site, including but not limited to the submission of product reviews and ratings, photographs, profile information, and all other data and information in any form except personal account information (collectively, “User Content”). We will not accept User Content from you unless you are a registered user of our Site.
User Content Submissions
By submitting User Content to our Site, you represent and warrant that:
- You understand you are participating in a public forum and that your User Content will be available to other visitors and users of the Site;
- 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 us to use all intellectual property and other rights thereto enable inclusion and use of the User Content, including but not limited to reviews, ratings, or other submissions that you post on or submit to the Site, in the manner contemplated by the Site and this Agreement, and that use of your User Content by us will not infringe upon or violate the rights of any third party;
- All “moral rights” that you may have in User Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the User Content that you submit, or any derivative works of or upgrades or updates thereto; and
- You are at least 18 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to this Agreement.
You also represent and warrant that any User Content you upload to, submit, distribute, or otherwise publish through our Site:
- Is not false, inaccurate or misleading;
- Does not and will not cause injury to any person or entity;
- Does not violate or infringe any copyright, patent, trademark, service mark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- Does not violate any obligations you may have with respect to such User Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);
- Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation, or the basis of any civil or criminal liability under U.S. or international law;
- Is not submitted for compensation or other consideration from any third party;
- Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- Is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; and
- Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
We do not endorse any User Content or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the User Content.
Except as otherwise provided elsewhere in this Agreement or on the Site, any User Content that you submit or post to the Site and/or otherwise provide to us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions, is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right and license to use, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such User Content by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such User Content without compensation to you. All User Content shall automatically become the sole and exclusive property of Dermarché and shall not be returned to you. This license will survive the termination of this Agreement and your use of the Site.
In addition to the rights applicable to any User Content, when you post reviews, ratings, or other information to the Site, you grant us the right to use the name that you submit with any review, rating, or other content, if any, in connection with such review, rating, or other User Content. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions or User Content.
Modification of User Content
All User Content that you submit is not confidential and may be used at our sole discretion. We may or may not pre-screen User Content; however, we will have the right (but not the obligation) in its sole discretion to pre-screen, change, condense or delete any User Content on the Site. In particular, we will have the right to remove any Content that it deems, in its sole discretion, to violate this Agreement or is otherwise objectionable. We reserve the right to remove or to refuse to post any User Content submission for any reason. You acknowledge that you, not Dermarché, are responsible for any User Content you submit. None of the User Content that you submit shall be subject to any obligation of confidence on the part of Dermarché, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
Consent to Use Photographs
If in the course of using the Site, you decide to submit any photographic or other images (“Photographs”), your submission constitutes your affirmative consent giving us permission to use your Photographs that you provide to or through the Site for any purpose, including without limitation, reproduction on the Site, publication, advertising, solicitation, or trade. You waive any right to inspect and/or approve the preliminary or final images, text, or other printed matter that may be used in connection with such Photographs, or to the eventual use that the Photographs may be applied. You agree that the copyright and all other rights in the image(s) or photograph(s) will be the property of Dermarché. You further release us from any and all liabilities, claims and demands arising out of or relating to the display, publication or other use of the Photographs.
Third Party Content and Sites
We may from time to time provide content of third parties (“Third Party Content”) or links to sites of third parties (“Third Party Sites”) as a service to those interested in this information. We do not review, 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, relationship or endorsement between us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. We are 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.
If you access our Site via a mobile device, such as a cell phone or tablet application, we do not currently charge for this access. Please be aware that your mobile carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
When you use our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All design, text, graphics, logos, button icons, images, audio and video clips, and software belong exclusively to us or our Content suppliers. The collection, arrangement, and assembly of all Content on this Site (“Compilation”) belongs exclusively to us. All software used on this Site (“Software”) is the property of Dermarché or its Software suppliers. The Content, the Compilation, and the Software are all protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of using the Site for shopping and ordering purposes. Any other use of materials on the Site—including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance—without the prior written permission of Dermarché is strictly prohibited.
All logos, slogans, trade names, custom graphics, or words are registered trademarks, trademarks or service marks of Dermarché Labs, its suppliers, or third parties. The use of any Dermarché trademark or service mark without our express written consent is strictly prohibited. You may not use any Dermarché trademark or service mark in connection with any non-Dermarché product or service or in any way that is likely to cause confusion. You may not use Dermarché’s trademarks or service marks in any manner that disparages or discredits us. You may not use any of the Dermarché trademarks or service marks in meta tags without our prior explicit consent of.
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 contact you 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.
Sales Tax Policy
Orders shipped from our store may be subject to sales tax depending on jurisdiction. We are required by law to collect sales tax for orders being shipped into Arizona, Kentucky, Pennsylvania and Tennessee in accordance with each state’s tax code and rate. Sales tax will be assessed on the total purchase price, including shipping and handling, if applicable. If you have questions regarding sales tax, please feel free to contact us at 800-291-7003.
The products and services available on our Site can be ordered and delivered within the United States; however, this Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of our Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
You agree to defend, indemnify and hold harmless Dermarché, and its owners, partners, directors, employees, agents, independent contractors, service providers and consultants from and against any and all claims, demands, damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or relating to your use of the Site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against us and/or our independent contractors, service providers, or consultants, arising out of or relating to your use of the Site, any information or materials you submit, your violation of this User Agreement, or your violation of the rights of any third party. This indemnification obligation will survive the termination of this Agreement and your use of the Site.
Digital Millennium Copyright Act (“DMCA”) Notice
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- 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;
- 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 authorized to act on the copyright owner’s behalf.
Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the e-mail or street address listed below. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.
Please send DMCA notifications of claimed copyright infringement to:
Dermarché Labs, LLC
3333 E Camelback Rd, Suite 200
Phoenix, AZ 85018 USA
dmca [at] dermarche [dot] com
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DERMARCHÉ LABS THAT ONLINE COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER RELATIONS GROUP AT 800-291-7003 OR VIA OUR CONTACT US FORM.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under the terms and conditions of this Agreement shall imply any obligation to grant any similar, future or other waiver.
This site is created and controlled by us in the State of Arizona, USA. As such, the laws of the State of Arizona will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Arizona, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Arizona. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and 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 action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision
Please send any questions or comments (excluding inquiries related to DMCA copyright infringement) regarding this Site via one of the following methods: our Contact Us form, by phone, or using the mailing information provided below.
Attn: Customer Relations
3333 E Camelback Rd, Suite 200
Phoenix, AZ 85018
Last Revised: October 01, 2015