Terms and Conditions

Terms & Conditions

dermaTRUTH® Inc. (“dermaTRUTH® ”, “us” or “we”) provides these Terms & Conditions (“terms”) to govern your use of and interaction with its website dermaTRUTH.com, as well as any mobile versions or related mobile applications, any additional websites (such as truthskincare.com), and social media pages and platforms we may operate (collectively, “dermaTRUTH.com”).

Please carefully read the following Terms & Conditions before using the dermaTRUTH.com website. By using our website, you agree to these Terms & Conditions, including our private policy and return policy. If you do not agree to these Terms & Conditions, you may not use this site. dermaTRUTH.com reserves the right, at any time, to modify, alter or update these Terms & Conditions, and you agree to be bound by such modifications, alterations or updates.

Product Information

We attempt to be accurate when describing our products and services on dermaTRUTH.com. However, we do not warrant that the product descriptions, colors, sizes, prices, product availability or other product and service descriptions on dermaTRUTH.com are accurate, complete, reliable, current, or error-free.

The products and services displayed on dermaTRUTH.com can only be ordered and delivered within the United States. Certain products may be available in select U.S. retail locations. All product material and information presented on dermaTRUTH.com is solely intended for personal educational and informational purposes.

Return Policy

At the present time, returns are only accepted on unused and unopened products.  If you are not sure whether dermaTRUTH® is right for you, we suggest purchasing a trial size.

Should you need to return an unopened product, be sure to enclose a copy of your invoice and the reason for your return. The estimated refund time is approximately 30 business days from the receipt date of your return. Shipping fees are not refundable. Please send all returns to the attention of:

dermaTRUTH® – Returns
755 N. Peach Ave.
Suite E9
Clovis, CA  93611

Site Transactions

Placement of an order does not constitute acceptance by dermaTRUTH® ; we may require additional information and all orders are subject to product availability. We do not authorize the purchase of our products for resale purposes unless you are a wholesale account. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors that have not been approved. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

Intellectual Property

All content included in our website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of dermaTRUTH.com or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content on dermaTRUTH.com is the exclusive property of dermaTRUTH.com and protected by U.S. and international copyright laws. All software use on dermaTRUTH.com is the property of dermaTRUTH.com or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of dermaTRUTH.com for the sole purpose of placing an order with dermaTRUTH.com or using the website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of dermaTRUTH.com is strictly prohibited.

All trademarks, logos, service marks and trade names are proprietary to dermaTRUTH.com, dermaTRUTH® Inc. or other respective owners that have granted dermaTRUTH.com the right and license to use such intellectual property.

Your Account

You must create an account with dermaTRUTH.com to purchase items. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. You agree to immediately notify dermaTRUTH® of any unauthorized use of your password or account and any other breach of security. dermaTRUTH® cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to refuse service and/or suspend or terminate accounts without prior notice if you violate these terms or if we decide, in our sole discretion, that it would be in our best interests to do so.

Third Party Sites

We are not responsible for the content of any third party web site pages or any other third party web sites linked to or from dermaTRUTH.com (collectively, “third party sites”). Links to any third party sites appearing on dermaTRUTH.com are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. We may interact with you on certain third party sites, where we post content or invite your feedback. These terms and other areas of dermaTRUTH.com provide guidelines and rules relating to these third party sites, but dermaTRUTH® does not own or control those third party sites. Your access, linking to or from any third party sites is at your own risk. dermaTRUTH® is in no way responsible for examining or evaluating, and we do not warrant the offerings of, any third party site linked to or from dermaTRUTH.com, nor do we assume any responsibility or liability for the actions, content, products, or services of such third party sites, including, without limitation, their privacy policies and terms and conditions.

Submissions

Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

Indemnification

You agree to defend, indemnify and hold dermaTRUTH® , and its directors, employees, officers, representatives, agents, parent companies, affiliates, joint ventures, and third-party service providers (collectively, the “dermaTRUTH® parties”) harmless for any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the dermaTRUTH® parties arising out of (1) your use of dermaTRUTH.com or your breach of any part of these terms, (2) fraud you commit, or your intentional misconduct or gross negligence, or (3) Your violation of any applicable U.S. or foreign law or the rights of a third party. You also agree to indemnify the dermaTRUTH® parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. The applicable dermaTRUTH® party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such dermaTRUTH® party.

User’s Testimonials

All reviews, comments or other submissions provided to dermaTRUTH.com on or about this site, or otherwise submitted in connection with your use of the website, shall be and remain dermaTRUTH® property. Such disclosure, submission or offer of any comments shall be deemed an assignment to dermaTRUTH.com of all worldwide rights in all intellectual properties relating to the comments. You agree that no comments submitted by you to dermaTRUTH.com will violate any right of any third party, including copyrights, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. You agree that dermaTRUTH.com may use and/or disclose information consistent with our privacy policy.

Electronic Communications

You agree that dermaTRUTH.com is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the dermaTRUTH.com site or dermaTRUTH.com’s products or services, or for such other lawful purpose(s) as dermaTRUTH.com deems appropriate.

Limitation of Liability

Under no circumstances shall any of the dermaTRUTH® parties be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of dermaTRUTH® and terminate this agreement. These limited remedies shall apply notwithstanding any failure of their essential purpose.

Disputes

With respect to any dispute regarding the Sites, all rights and obligations and all actions contemplated by these Terms & Conditions shall be governed by the laws of California, as if the Terms & Conditions were a contract wholly entered into and wholly performed within California.

 Digital Millennium Copyright Act (“DMCA”) Notice

dermaTRUTH® owns, protects and enforces copyright in its own creative materials and respects the copyright properties of others. This website may contain materials of third parties and links to third party sites, portals and directories. As a result, materials of third parties, not owned or controlled by dermaTRUTH® , are included in or linked to the website or are stored or transmitted over dermaTRUTH® website. To the best of dermaTRUTH® knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement, dermaTRUTH® will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of dermaTRUTH® to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to dermaTRUTH® to be repeat infringers in connection with their use of the dermaTRUTH® website, links, or storage and communication systems and networks. The designated agent to whom you should address such notice is Charles Walker, Jr., who can be reached at cwalker@dermatruth.com.

 General

dermaTRUTH® may terminate these terms and deny you access to dermaTRUTH.com (or any part thereof) at any time, immediately and without notice, if in dermaTRUTH’s sole discretion you fail to comply with any term or condition of these terms. dermaTRUTH® also reserves the right at any time to modify or discontinue, temporarily or permanently, dermaTRUTH.com (or any part thereof) with or without notice. You agree that dermaTRUTH® shall not be liable to you or to any third party for any termination of access or for any modification, suspension or discontinuance of dermaTRUTH.com.

Last Updated May 22, 2014