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Terms and Conditions

TERMS AND CONDITIONS

Posted: 04/26/2022

Welcome to The DermLite Store, your source for high-quality DermLite dermoscopy products!  These terms and conditions govern your access to and use of dermlitestore.com (the “Platform”).  The Platform is owned and operated by Guatevida LLC (the “Dealer”), doing business as DermLite Store (registered DBA). These terms and conditions include and incorporate the additional policies and terms referenced here (collectively with these terms and conditions, the “Terms”).  Please read the Terms carefully.  By using our Platform, you accept and agree to the Terms. If you do not agree to the Terms, please do not use the Platform and exit immediately.

We reserve the right to change the Terms from time to time. These changes will become effective when we post them. Your continued use of our Platform after we post changes to the Terms will mean you accept those changes. 

  1. PLATFORM CONTENT

Other than any User Generated Content, all of the content featured or displayed on the Platform, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Dealer or the product manufacturer DermLite LLC. All elements of the Platform, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Platform may only be used for the intended purpose for which the Platform is being made available.

 Except as otherwise indicated in specific areas within the Platform, you are authorized to view, play, print, and download documents, audio, and video found on our Platform for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Platform. You must comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Platform. The Platform, its Content, and all related rights will remain the exclusive property of the Dealer or DermLite LLC unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on this Platform.

  1. PRODUCTS, FEATURES

All features, content, specifications, products, and prices of products and services described or depicted on this Platform are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Platform at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered will be used only in a lawful manner.

  1. PRODUCT SUITABILITY

Determination of the suitability of the products shown on the platform for the uses and applications contemplated by you and others shall be your sole responsibility. The Dealer makes no representations or warranties with respect to their suitability for any use for which you may intend them. The Dealer makes no warranty or guarantee of the results to be obtained since the conditions of the use and application by you and others may vary and are beyond the Dealer’s control.

  1. ACCURACY OF INFORMATION

We attempt to ensure that information on this Platform is complete, accurate, and current. Despite our efforts, the information on this Platform may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by applicable Texas law, we make no representation as to the completeness, accuracy, or currency of any information on this Platform. For example, products included on this Platform may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Platform. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

  1. SHIPPING

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions as described in our Shipping Policy. All purchases from this Platform are made pursuant to a shipment contract. As a result, the risk of loss and title for items purchased from this Platform pass to you upon delivery of the items to the carrier.

  1. THIRD-PARTY LINKS

From time to time, this Platform may contain links to websites that are not owned, operated, or controlled by the Dealer or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Platform. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other web sites. If you decide to access any other websites linked to or from this Platform, you do so entirely at your own risk.

  1. ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission. Additionally, you agree that you will not do or attempt to do any of the following: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere with the proper working of the Platform, any activities conducted on the Platform or any networks connected to the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform, whether through hacking, password “mining” or any other unauthorized means, (iv) probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, or (v) harvest or otherwise collect and store information about other users of the Platform, including e-mail addresses.

  1. PAYMENTS AND FEES

For all charges for any products and services sold on the Platform, the Dealer will bill your credit card or alternative payment method offered by the Platform. If legal action is necessary to collect on balances due, you agree to reimburse the Dealer for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Platform.

Other Terms can be found in our Pricing Policy.

  1. REPAIRS AND WARRANTY

DermLite warranties are honored by the DermLite manufacturer DermLite LLC.  All repairs of DermLite products are performed by DermLite LLC.  Additional information for repairs is shown in our Repair Policy.

  1. RETURNS AND CANCELLATIONS

Please refer to our Return Policy and our Order Cancellation Policy.

  1. FORCE MAJEURE

Neither Dealer nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

  1. PRIVACY

Your use of our Platform is subject to our Privacy Policy. Please read our Privacy Policy.

  1. DISCLAIMER

Except as prohibited by applicable Texas law, the information, materials, and services provided on or through this Platform are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Except as prohibited by applicable Texas law, neither Dealer, nor any of its respective affiliates (i) warrants the accuracy or completeness of the information, materials, or services provided on or through the Platform or (ii) makes any commitments or assumes any duty to update such information, materials or services.

Neither Dealer, nor any of its respective affiliates, warrants that the functions contained in this Platform will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.

  1. LIMITATION OF LIABILITY

Your use of the Platform is at your own risk. You agree that our sole obligation to you is to provide the Platform “as is.” Except as prohibited by applicable Texas law, neither Dealer nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing, or delivering the Platform shall be liable to you or to any third party for your use of, or the inability to use, the Platform and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Platform.

Except as prohibited by applicable Texas law, in no event will Dealer or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production, or transmission of this Platform, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of the use of the Platform, any Platforms linked to this Platform, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions.

If there are any problems with this Platform or any Content, you agree that your sole remedy is to cease using this Platform. If there is any problem with the products or services that you have purchased on or through this Platform, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Platform. Except as prohibited by applicable Texas law, in no event shall Dealer’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Platform.

  1. INDEMNITY

Except as prohibited by applicable Texas law, you agree to defend, indemnify and hold Dealer and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Platform or the Internet or your purchases or the placement or transmission of any message or information on this Platform by you or your authorized users or your violation of any law or the rights of a third party.

  1. TERMINATION

You or we may suspend or terminate your account or your use of this Platform at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Platform if (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

  1. GENERAL

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that the Terms may be automatically assigned by Dealer in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  

  1. ENTIRE AGREEMENT

These Terms with referenced policies constitutes the entire agreement between the user and Dealer and supersedes any prior understandings or agreements (written or oral).

  1. COPYRIGHT AND TRADEMARKS NOTICE

All Site design, graphics, text selections, arrangements, and all software are Copyright© 2022 by Dealer or DermLite LLC.

All trademarks, service marks, and trade names of Dealer and DermLite LLC used herein (including but not limited to: the Dealer name, the Dealer or DermLite logo) (collectively “Marks”) are trademarks or registered trademarks of the Dealer and DermLite LLC, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Dealer trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Dealer' prior written consent. The use of Dealer trademarks on any other Platform or network computer environment is not allowed. This protects you, too. When you see the Dealer and DermLite LLC marks, you can be sure of our quality and performance.