1. Acceptance of Terms Through Use
2. Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content on this Site is the property of ProDerma Light and its affiliates and is protected by U.S. and international copyright laws.
3. Limited License
5. Copyright Policy
We may terminate the privileges of anyone who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.
6. Representations By You
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; and (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of ProDerma Light, or an agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us of any potential unauthorized use(s) of your account, or breach of security by contacting our Customer Service. You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that ProDerma Light, in its sole discretion, deems offensive.
8. License Granted by You
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
10. No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain ProDerma Light’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. ProDerma Light will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
11. Links and Search Results
12. Intellectual Property
13. Digital Millennium Copyright Act Policy
(1) If you are notifying ProDerma Light of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:
(2) A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
(3) A description of the allegedly infringing material and information sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
(5) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
14. Designated Agent for Notification of Claimed Copyright Infringement
Attn: Operations Manager
931 Village Boulevard
West Palm Beach, FL 33409-1939
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE ‘‘WEBSITE CONTENT’’) ARE PROVIDED ‘‘AS IS’’ AND ‘‘AS AVAILABLE’’ FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER PRODERMA LIGHT NOR OUR SUBSIDIARIES, AFFILIATES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
16. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PRODERMA LIGHT , OUR SUBSIDIARIES, AFFILIATES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold ProDerma Light and our subsidiaries and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
18. International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. ProDerma Light makes no representation that materials on the 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. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
19. Choice of Law
20. Integration and Severability
21. Conditions of Use
Our Terms and Conditions of sale are part of these Terms and Conditions of Use.
25. Information We Collect
When you visit our website we place a small file on your computer called a "cookie." This cookie gives you a temporary number to identify you as you navigate our website. This helps us to make your use of our website easier. The cookie does not contain credit card numbers or other sensitive information and disappears at the end of your online session. Our cookie does not monitor or report on your activities away from our website. We also collect contact information that you provide to us when you set up an online account, send us email, request a catalog, or make a purchase online. We collect your name, mailing address, telephone number, and email address. If you make a purchase, we will collect the account number and security information required to complete the transaction. We do not intend to collect information or accept orders from individuals younger than 13 years old. If you are under age 13, please have an adult provide contact information and place your orders.
26. How We Use Your Information
We use the information you provide to complete the purchases you make and to deliver our products and promotional materials. We may provide your contact information to third parties who help us process your orders and respond to your inquiries, including call centers, fulfillment centers, data processing centers, mail centers, and similar service providers. We also use information we collect, and provide such information to third parties, for the purpose of customizing, analyzing, adjusting and improving our Site and/or business to meet your needs and expectations, including, without limitation, survey companies. If you make a purchase or sign up to receive our newsletters, your contact information may also be provided to third parties to send you information about products and services we think you would enjoy. We may provide your information to other parties as required or permitted by law, including in response to law enforcement inquiries, legal process, in connection with a sale or merger of all or part of our business, or in the connection with a bankruptcy or similar proceeding.
27. Correcting or Limiting Use of Your Information
If you want to correct information we have collected about you, or if you do not want your name and address to be shared with third parties for promotional purposes, please contact us at 4419 SW Grove Street Palm City, FL 34990. Be sure to include your full name, the email address and/or mailing address.
28. Information Security
ProDerma Light has adopted security measures to reduce the risk of loss, misuse, or alteration of the information under our control. All customer credit card information is transferred using HTTPS (secure http) and SSL (Secure Socket Layer), meaning, your personal information is encrypted it is in transit. Despite these measures, no website can guarantee absolute security of your information. You should be aware that ProDerma Light has no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.
29. Policy Updates and Effective Date
Suite 905-400, West Palm Beach, FL 33409-1939.