Terms of Use & Privacy Statement
The following terminology applies to these Terms of Use, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “Our”, “We” and “Us”, refers to our Company, Jem Brands LLC d/b/a DermaJEM (hereinafter “DermaJEM”). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Florida and Federal law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
DISCLAIMER OF WARRANTIES
Our website and the services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this Site shall be at your sole risk. DermaJEM disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection of the website and your use thereof. DermaJEM makes no warranties or representations about the accuracy or completeness of this website’s content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of our Site or your information, (iii) any interruption or cessation of transmission to or from our website. (iv) any bugs, viruses, Trojan horses, or similar which may be transmitted to or through our website by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the website. You assume the entire risk of loss and damage due to your use of the website, including but not limited to the cost of repairs or corrections to your hardware or software.
LIMITATION OF LIABILITIES
Your use of our website is entirely at your sole risk. DermaJEM shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of our Site.
INDEMNIFICATION
You agree to indemnify and hold harmless DermaJEM from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the Website.
CHOICE OF LAW
The terms of this User Agreement and use of this Site is governed by the laws of the State of Florida.
COPYRIGHTS AND TRADEMARKS
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of DermaJEM and protected by U.S. and international copyright laws. Any software used on this Site is the property of DermaJEM or its software suppliers and protected by U.S. and international copyright laws.
Our site (and any logos thereon) is a trademark of DermaJEM and may not be used in connection with any product or service that does not belong to DermaJEM in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DermaJEM.
MANDATORY ARBITRATION
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
ENTIRE AGREEMENT
This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
ASSIGNMENT OF RIGHTS
Your rights under this Agreement are personal to you and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the Company.
DermaJEM does not collect personally identifiable information about individuals who visit our Site except when the information is specifically provided on a voluntary basis. Personally identifiable information on Users will not be sold or otherwise transferred without the approval of the User. DermaJEM reserves the right to contact a User regarding account status, changes to the Agreement and other matters relevant to the use of the Site. DermaJEM reserves the right to change this policy at any time. Any such change will be posted on the Site.
Credit Card Purchases: Information provided for your purchase (including billing name, billing address, telephone number, and fax number) will not be shared or sold to anyone outside of DermaJEM nor to any third party. Payment information (such as credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments. To process purchases, DermaJEM may require your name, address, phone number, email address and credit card information. Such information is used primarily to process your order or as otherwise described in this Policy. Credit card transactions are processed in accordance with industry standards, and DermaJEM only uses your credit card information for that purpose.
DermaJEM uses software to protect your billing information. The software, which may change from time to time, encrypts information and keeps the data private and confidential between your computer and DermaJEM. This technology makes it safe to transmit your credit card number over the Internet.
Personally Identifiable Information. Our site requires an e-mail address from you when you register for our services, subscribe, or make a purchase on our Site. DermaJEM uses your e-mail for both transactional and promotional reasons. For example, transactional would be such things as order confirmation, refund and renewal processing, and notifications. Promotional would include newsletters, new product offerings, special discounts, event notifications, and special third- party offers. E-mail messages sent may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. DermaJEM reserves the right to send you certain communications relating to products and services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. DermaJEM may also contact you by telephone solely in connection with our services.
Disclosure of Information to Third Parties.
By Law. You agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to
(1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Owner’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
Sale of Business. DermaJEM may buy or sell assets and, depending on the transaction, your personally identifiable information may be one of the transferred assets. In the event that DermaJEM is acquired by another company, your personally identifiable information may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your information is collected or used.
Security. Our site has security measures in place to protect the loss, misuse and alteration of the information stored in our database. DermaJEM will exercise reasonable care in providing secure transmission of information between your computer and our servers. DermaJEM cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure. DermaJEM is not responsible for the privacy practices or the content of other websites that may be linked to this site or of any third-party advertisers.
DermaJEM reserves the right to modify this Privacy Statement and Terms of Use at any time. Your continued use of any portion of the website following posting of the updates shall constitute your acceptance of the changes.
TERMINATION
This Agreement is effective until terminated by DermaJEM at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement shall survive.