Last Updated: 12-21-16
Welcome to the Dr. Brandt skin care website ("Website"). Cosmetic Dermatology LLC ("CD LLC, " "we, " or "us") provides the Website to you subject to these Terms of Use (the "Terms"). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.
Please review our privacy statement for information about our privacy practices.
We attempt to be as accurate as possible when describing our products on the Website; however, we do not warrant that the product descriptions, colors or other content available on the Website is accurate, complete, reliable, current, or error-free.
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of CD LLC, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (the "Trademarks") are the registered and unregistered marks of CD LLC, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license section below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth above does not include the right to: (i) modify or download the Website or its Content (except caching or as necessary to view Content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the trademarks without our express prior written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain Content that could be construed as distasteful, obscene, offensive or controversial, and may contain only Content appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express prior written permission; and (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth without prejudice to any other remedy provided by applicable law.
We welcome inquiries or feedback on the products you use or might like to purchase, however it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose, including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. 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 may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
We reserve the right to refuse to process an order made on this Website due to suspected fraud or unauthorized or illegal activity.
If you choose to become a registered member and create an account on this Website, you agree to: (i) maintain the confidentiality of passwords or other account identifiers which you choose; (ii) not share your password or other account identifiers with others; and (iii) promptly notify us if you discover or otherwise suspect any security breaches related to the Website or your account.
The Website may include links to third party websites ("Third Party Sites") from this Website. We are not responsible for and make no warranty or representation about such websites or their content or services or products provided through them or their privacy or data security practices. You should consult the terms of use and/or privacy statements for any such websites when you visit or interact with them.
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OF WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (C)LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES ON THE WEBSITE THAT WE DO NOT OWN OR CONTROL; OR (D) ANY EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO AND FROM THIRD PARTY WEBSITES.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW CD LLC AND CD LLC PARTIES (DEFINED BELOW) WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE CD LLC'S LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT OF CD LLC OR CD LLC PARTIES.
You agree to defend, indemnify and hold harmless CD LLC and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, employees, independent contractors, and service providers (individually and collectively, the “CD LLC Partiesâ€), from and against any claims, loss, damages or costs (collectively, “Claimsâ€)arising out of or related to your use or misuse of the Website or your violation of these Terms. You agree to promptly notify the CD LLC Parties of any third party Claims, cooperate with CD LLC Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to attorneys’ fees). You further agree that the CD LLC Parties shall have control of the defense or settlement of any third party Claims.
WITH RESPECT TO ANY DISPUTE REGARDING THE WEBSITE, YOUR RIGHTS AND OBLIGATIONS AND ALL ACTIONS CONTEMPLATED BY THESE TERMS SHALL BE GOVERNED BY THE LAWS OF FLORIDA, AS IF THE TERMS WERE A CONTRACT WHOLLY ENTERED INTO AND WHOLLY PERFORMED WITHIN FLORIDA. ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THE WEBSITE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN FLORIDA, 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 FLORIDA, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. ARBITRATION UNDER THESE TERMS 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 THESE TERMS SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.
You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right to change these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification or providing notice to the Website or updating the “Last Updated date at the beginning of these Terms. Your continued access or use of the Website confirms your acceptance of the revised Terms. If you do not agree to the revised Terms, you may not access or use the Website. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Only one offer can be applied per order unless otherwise specified. Applicable purchase amount does not include the purchase of eGift cards; shipping and handling; sales tax; items noted as not eligible; items that are not in stock at the time of purchase; pending purchases or purchases made prior to the start of the offer or after the offer ends. All purchases are subject to bank authorization prior to processing. Only authorized purchases will be processed and shipped. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of offer and to modify or cancel this promotion due to system error or unforeseen problems. We reserve the right to substitute any free item offered with an item of equal or greater value. Offer is subject to change without notice. Other restrictions may apply.
If you have any questions regarding these Terms, please contact us by e-mail at: customerservice@drbrandtskincare.com
