Foundation Smudges

Terms & Conditions

Last updated: October 19, 2020

Please carefully read the following terms of service relating to your use of the derma dame website (“derma-dame.com”) (the “website”).
The Derma Dame Website is operated by derma dame aesthetic consulting, LLC. Derma Dame offers all information, services, and tools available from the Website to the User, depending on the User’s acceptance of these Terms and Conditions.


DEFINITIONS
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.

 

For the purposes of these Terms and Conditions:
Affiliate
means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote
for the election of directors or other managing authority.


Country refers to California, United States


Derma Dame (referred to as either "derma dame", "We", "Us" or  "Our" in this Agreement) refers to derma dame aesthetic consulting, LLC, 11467 South St. Ste. B3.


Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet. Services refer to the items available for purchase on the Website.


Purchase means a request by You to purchase Goods from Us.


Terms and Conditions (also referred to "Terms") mean these Terms and Conditions that form the entire agreement between You and derma dame regarding the use of the Website.


Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.


Website refers to Derma Dame, accessible from https://www.derma-dame.com/


User (also referred to as “You”) means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.


ACKNOWLEDGMENT
These are the Terms and Conditions governing the use of the Derma Dame Website and the agreement that operates between You and Derma Dame. These Terms and Conditions set out the rights and obligations of all users of the Website, including those Users who are customers, browsers, or contributors of content.

 

Your visit to the Website, usage of any part of the Website, and/or Purchase of Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Website.


By accessing or using the Website You agree to be bound by these Terms and Conditions. If these Terms are considered an offer, acceptance is expressly limited to these Terms and Conditions. Before using the Website, please be sure to read these Terms and Conditions carefully. If You disagree with any part of these Terms and Conditions, then You may not access the Website.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website. Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of Derma Dame. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.
Regarding the Services Purchased on the Derma Dame Website, the posted Terms, and Conditions at the time of
Purchase apply.


Any new features or Services added to the Website are subject to the Terms and Conditions.


OWNERSHIP OF WEBSITE CONTENT
All content on the Website which includes all Services available for Purchase on and/or accessed through the Website is Derma Dame’s exclusive property. By accepting these Terms and Conditions, You do not become the owner of any of the content on this Website.
You are, however, entitled to use the Website content according to these Terms. Website content shall include all texts, images, logos, illustrations, photos, videos, and all other content, without any limitations, on the Website. This content also includes the designs, layout, and graphics of the Website, including the code, software, intellectual property, and copyrights.


THE PURCHASE OF SERVICES
By purchasing Services through the Derma Dame Website, You warrant that You are legally capable of entering into binding contracts. The Services offered through the Derma Dame Website are available exclusively on the Website. These Services are subject to appointment availability.


Derma Dame reserves the right to limit any Services that We offer. We reserve the right to discontinue any Service at any time.


We do not warrant that the quality of any of the Services Purchased will meet your expectations.

 

YOUR INFORMATION


If You wish to Purchase a Service available on the Website, You may be asked to supply certain information relevant to Your Purchase, including, without limitation, Your credit card, banking, and/or other personal information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or another payment method (s) in connection with any Purchase; and that (ii) the information You supply to us is true, correct and complete. Your submission of personal information through the Website is governed by Our Privacy Policy. To view our Privacy Policy, please click here.

 

You agree that all information You provide to Purchase a Service and to use any other features on this Website is governed by Our Privacy Policy and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.


By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Purchase.


You agree to notify Us immediately if You are aware of any unauthorized use of Your credit card information. You agree to notify Us if You are aware of or suspect unauthorized use of the Website and/or the Website content.


ORDER CANCELLATION

Derma Dame reserves the right to refuse or cancel any Service appointment Purchased at any time and for any reason in our absolute and sole discretion.

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.


Any Services you Purchase are subject to cancellation only according to Our Cancellation Policy.


AVAILABILITY, ERRORS, AND INACCURACIES 
We are constantly updating Our Website and Service information. The information provided on the Website may contain inaccuracies related to service descriptions, pricing, or offers. The information provided on this Website is meant to be general and should not be the sole basis for making Your decision. Any reliance on the information on this Website is at Your own risk.


We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Derma Dame reserves the right to correct any errors or inaccuracies in the information provided on the Website at any time without prior notice. We may experience delays in updating information on Our Website. We do not take responsibility for these errors.


We do not have any obligation to update any information on the Website, except as required by law. No specified update date applied on the Website should be taken to indicate that the information on the Website has been modified or updated.


PRICES POLICY

Derma Dame reserves the right to revise Service prices at any time prior to a completed transaction. All descriptions of services or their pricing are subject to change at any time without notice.


PAYMENTS

You can make payments through various methods We have available, such as by credit cards or any other method offered by the Website.


You represent to us that You are the authorized signatory of the payment method provided to the Derma Dame Website for Purchases made. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delays in Purchase.


All Purchases made on the Derma Dame Website are subject to a one-time payment. You agree to provide Derma Dame with accurate, complete, and current payment information for all purchases made through the Website. Prices displayed on the Derma Dame Website are presented in U.S. Dollars. If You make a purchase through the Website, You are agreeing to pay the amount confirmed in Your Purchase and We may charge you for such amount.


USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If without Our request You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by mail, or by email, You agree that We may, without restriction, edit, copy, publish, distribute, and otherwise use in any medium of communication any comments that You forward to Us.


We are and shall be under no obligation to maintain any comments in confidence or pay compensation for any comments.


You are responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party on our Website.

INTELLECTUAL PROPERTY
The Derma Dame Website and its original content (excluding Content provided by You or other Users), features, and functionality are and will remain the exclusive property of Derma Dame and its licensors.


The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Derma Dame.


LINKS TO OTHER WEBSITES
Our Website may contain links to third-party websites or services that are not owned or controlled by DermaDame.


Derma Dame has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Derma Dame shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Websites or Services.


We strongly advise You to read the Terms and Conditions and Privacy Policies of any third-party websites or services that You visit.


PROHIBITED USES
In addition to the other prohibitions noted in the Terms and Conditions, You are prohibited from using the Derma Dame Website or its content:

  • For any unlawful purpose

  • To solicit others to perform, or participate in any unlawful acts

  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, rage, age, national origin, or disability

  • To submit false or misleading information

  • To upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Website or of any related Website, other Websites, or the Internet

  • To collect or track the personal information of others

  • To spam, phish, pretext, spider, crawl, or scrape

  • For any obscene or immoral purpose

  • To interfere with or circumvent the security features of the Website or any related Website, other Websites, or the Internet

  • To provide false or misleading indications of origin or statement of fact

  • We reserve the right to terminate Your use of the Website or any related Website for violating any of the prohibited uses.

TERMINATION
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Derma Dame Website will cease immediately.

Users are prohibited from violating or attempting to violate the security of the Derma Dame Website. Derma Dame has the right, but not the obligation, to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violence. We may suspend User access to the Website while we conduct an investigation.


LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Derma Dame be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Derma Dame has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.


Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.


Notwithstanding any damages that You might incur, the entire liability of Derma Dame and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.


“AS IS” AND “AS AVAILABLE” DISCLAIMER
The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Derma Dame, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Derma Dame provides no warranty or undertaking and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither Derma Dame nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of Derma Dame are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.


Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

GOVERNING LAW
Any dispute that is related to these Terms and Conditions and arises from these Terms or the use of the Website or Purchase of Services shall be governed by the laws of the State of California, without regard to any conflict of law principle that will cause the substantive law of another jurisdiction to apply. The exclusive venue for the resolution of disputes, lawsuits, arbitrations, proceedings, or other actions relating to the Website, the Terms, or Derma Dame’s Privacy Policy, is Los Angeles County, California. The parties waive all rights to contest this exclusive jurisdiction and venue of such courts.


You agree not to bring any legal action against Derma Dame with respect to the purchase of Services through the Website if it is more than one year after the date of purchase.


SEVERABILITY & WAIVER
Severability

If any provision of these Terms is held to be unenforceable, unlawful, void, or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Such determination shall not affect the validity and unenforceability of any other remaining provisions.


Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.


TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on our website. You agree that the original English text shall prevail in the case of a dispute.


CHANGES TO THESE TERMS & CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.


Derma Dame reserves the right, at Our sole discretion, to modify, update, replace, or change any part of these Terms and Conditions at any time. We will post such updates made to these Terms to the website.


It is the User’s responsibility to check the Terms and Conditions page for changes. By continuing to use or access the Website following the updates, revisions, or changes become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the website and the Service.


CONTACT US
Questions about these Terms and Conditions can be mailed or e-mailed to us at the following addresses. You may also, visit our Contact Us page to leave a detailed message which we will respond to within approximately 24 hours.
By email: news@derma-dame.com
By visiting this page on our website: https://www.derma-dame.com/contact
By mail: 11467 South St. Ste. B3,
Cerritos, CA 90703