TERMS OF SERVICE
Effective as of June 30th, 2014
These Terms of Service (these "Terms of Service") form a binding agreement between you and ZipDerm, LLC and its subsidiaries and affiliates (collectively, "ZipDerm," "we", "us", or "our"). By (a) using the website operated by ZipDerm located at http://www.ZipDerm.com or other related websites and/or mobile applications operated by ZipDerm (collectively, the "Website"), (b) purchasing and/or using the products and/or services provided by us thereunder (together, the "Products"), and/or (c) providing your personal information to ZipDerm, you signify your acknowledgement and agreement to these Terms of Service, whether or not you register for an account with ZipDerm through the Website (an "Account"). If you do not agree with any provision in these Terms of Service, please do not use the Website, purchase or use the Products, provide your personal information to ZipDerm, or register for an Account. These Terms of Service do not apply to websites or applications that display or link to different terms of service. PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY.
Representations and Warranties of Users.
You represent and warrant to ZipDerm that:
Subject to the terms and conditions of these Terms of Service, we hereby grant to you a limited, non-exclusive, non-transferrable, freely revocable license to use the Website as permitted by the features of the Website solely for your personal, non-commercial use, and only as permitted under these Terms of Service. ZipDerm reserves all rights in the Website, the Intellectual Property (as defined below) and the Marks (as defined below) not expressly granted to you herein. We reserve the right, in our sole discretion, to deny use of the Website to anyone, for any reason, and at any time, subject to applicable law. In consideration of your access to and use of the Website, you covenant and agree that you shall:
Persons under the Age of 18.
Persons under eighteen (18) may not use the Website or the Products unless ZipDerm has authorization from the parent or legal guardian of such individual. A parent or legal guardian of a person under the age of eighteen (18) may prohibit such individual’s use of the Website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe your child has used the Website without your consent or authorization, please contact us at support@ZipDerm.com .
Fees and Payment.
If you elect to use features of the Website and/or purchase Products that involve the payment of any fees, you agree to pay, and will be responsible for payment of, such fees and any and all taxes associated therewith in accordance with the billing terms in effect at the time a fee is due and payable. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments shall be facilitated through Stripe, Inc. ("Stripe"), ZipDerm’s third-party payment processing service. You hereby authorize ZipDerm to charge you, through Stripe, for all fees as they become due, and represent and warrant that you are authorized to use any and all payment information you provide to Stripe. If your payment method fails or fees associated with your Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file with Stripe and/or retaining collection agencies and legal counsel. Subject to compliance with any notice or waiting period provided by applicable law, we may also block your Account pending resolution of any amounts due by you to ZipDerm.
Third Party Content and Monitoring.
Third parties may offer and provide products and services on or through the Website. Except for ZipDerm branded information, products or services that are identified as being offered by ZipDerm, ZipDerm does not operate, control, or endorse any information, products, or services on the Website or accessible through the Website in any way. The provision of a link to any other website or location is for your convenience only and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. ZipDerm is not responsible for examining or evaluating, and ZipDerm does not warrant the offerings of, any of these third parties or the content of their websites. ZipDerm does not assume any responsibility or liability for the actions, products, or contents of these and any other third parties. Access to any other website linked to the Website is at your own risk. When leaving the Website for a third party website, you should carefully review the applicable terms of service, including privacy policies, of such third party website. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
Ownership of Intellectual Property.
The software, code, proprietary methods, systems and content used to operate the Website (collectively, the "Intellectual Property") are (1) copyrighted by ZipDerm and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) the exclusive property of ZipDerm or its applicable licensors. The Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written consent or the prior written consent of our licensors, as applicable. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Intellectual Property and you may not remove or alter any such notice, information or restriction. Your use of the Website and the Intellectual Property must at all times comply with these Terms of Service. Nothing in these Terms of Service, your relationship with ZipDerm, or your use of the Website shall grant you any right to the Intellectual Property except the limited license to use the Website in accordance with these Terms of Service.
Certain of the names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks, or logos (collectively, the "Marks") of ZipDerm or other parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other parties, as applicable.
You may delete your Account at any time, for any reason, by sending an email to support@ZipDerm.com . ZipDerm may terminate your Account and/or the limited license to use the Website granted to you under these Terms of Service, at any time, for any reason or no reason. Your medical records will be retained by ZipDerm for a period of five years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are less than 23 years old on the date the records may potentially be destroyed, your records will be kept until you reach the age of 23, or longer if required by state or federal law. The provisions of Sections 4 through 14 of these Terms of Service will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason. Our (and our licensors') proprietary rights (including any and all intellectual property rights) in and to the Intellectual Property, the Marks and the Website will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason.
Without limiting any rights which ZipDerm may otherwise have, ZipDerm reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account, including, without limitation, terminating or changing your Account, or requesting additional information to authorize transactions on your Account.
We reserve the right to discontinue the Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Website.
Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section 7 shall be subject to compliance with any notice or waiting period provided by applicable law.
Disclaimer of Warranties.
USE OF THE WEBSITE AND PRODUCTS IS AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZIPDERM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. ZIPDERM MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ZIPDERM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZIPDERM OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ZIPDERM DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. ZIPDERM IS NOT RESPONSIBLE FOR THE INTERNET, DATA BANDWITH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. ZIPDERM MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES OR ALL TERRITORIES WITHIN THE UNITED STATES. ZIPDERM MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ZIPDERM BE HELD LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR ACCOUNT.
ZIPDERM does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive.
Limitation of Liability.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ZIPDERM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND/OR PRODUCTS. THE AGGREGATE LIABILITY OF ZIPDERM TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR PRODUCTS IS LIMITED TO THE LESSER OF (I) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ZIPDERM OR (II) ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Indemnification and Release.
You agree to indemnify, defend and hold harmless ZipDerm and its officers, directors, employees, consultants, representatives and agents, and other users and visitors of the Website, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising out of or related to (a) any information you submit, post or transmit through the Website, (b) your use of the Website and/or Products, (c) your violation of any provision of these Terms of Service, (d) your violation of any rights of any other person or entity, or (e) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Website.
You hereby release ZipDerm, its officers, directors, employees, consultants, representatives and agents from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website or the Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which provides that: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him must have materially affected his settlement with the debtor."
Governing Law and Dispute Resolution.
The validity, interpretation, construction and performance of these Terms of Service will be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising out of or relating in any way to these Terms of Service will be resolved exclusively by final and binding arbitration in Irvine, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Orange County, California, for any action related to these Terms of Service. The failure of ZipDerm to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. You agree that irrespective of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Severability and Construction.
If any term, provision, covenant or condition of these Terms of Service is found by a court or arbitral body of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect to the fullest extent permissible by applicable law and shall in no way be affected, impaired or invalidated. The headings in these Terms of Service are for convenience only and shall not affect the meaning or interpretation of these Terms of Service or any section thereof.
If ZipDerm or its assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, ZipDerm may transfer, sell or assign to third parties rights related to your relationship with ZipDerm, including, without limitation, your Account and any personal information that you provide or that has been provided on your behalf to ZipDerm. Such third parties will assume (a) responsibility for your relationship with ZipDerm, (b) information collected by ZipDerm in connection with ZipDerm’s business operations or through the Website, and (c) the rights and obligations regarding such information as described in these Terms of Service. These Terms of Service shall be binding upon and inure to the benefit of ZipDerm’s successors or assigns. You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.
Entire Agreement and Amendments.
In order to participate in certain aspects of the Website or receive certain Products, you may be required to agree to additional terms and conditions as posted on the Website (the "Additional Terms"), which are hereby incorporated into these Terms of Service. To the extent there is a conflict between the provisions in these Terms of Service and the Additional Terms, the latter shall have precedence. The current version of these Terms of Service, including, without limitation, the Additional Terms, constitute the entire and exclusive and final agreement between you and ZipDerm with respect to the subject matter hereof, and governs your access and use of the Website, superseding any and all prior or contemporaneous agreements or arrangements between you and ZipDerm with respect to the subject matter hereof, whether written or oral.
We reserve the right to amend, modify, add, delete or update the terms of these Terms of Service, including, without limitation, the Additional Terms, at any time in our sole discretion, as long as such changes are in compliance with applicable law. If we change the terms of these Terms of Service, we will post the new Terms of Service on the Website and you agree that such postings constitute notice of the new Terms of Service to you. We recommend that you read these Terms of Service each time you use the Website. If you object to any changes to these Terms of Service, your sole recourse will be to cease using the Website and/or Products. Your continued access to and usage of the Website and/or Products signifies your acknowledgement and acceptance of any such changes to these Terms of Service and agreement to be bound thereby.
You should report any suspected violations of these Terms of Service to support@Zipderm.com .
If you have questions or concerns about these Terms of Service, please contact us at support@Zipderm.com .