Terms of Use for dermica.ca

Updated: April 5, 2014

1. Background

Dérmica Med Esthetics, dermica.ca, (“we” or “our “) offers the use of its website, along with the content posted thereon, subject to the following terms (the “Services ” ) and Payment use (the ” Terms”). All references herein to “we “, “us ” or “our ” are intended to include dermic.ca and our affiliated companies. By accessing, creating or contributing to any website or system messages organized by us (the ” Web Site”), and in consideration of the services we provide to you, you agree to abide by these Terms of Use We reserve the right to change, at any time, at our discretion, the conditions under which these services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your agreement to such terms. If you do not agree to these Terms, please do not use the Services.

2. Applicable Law

These Terms of Use shall be interpreted and applied by the courts in accordance with the laws of the province of Alberta, Canada.

3. Divisibility

It is intended that each provision of these Terms is severable and if any provision is determined by a court of competent jurisdiction to be illegal , invalid, or unenforceable for any reason , such provision shall be severed from these Terms and shall not affect the legality, validity or enforceability rest or any other provision of these Terms.

4. Access and Use of Website

(A) You agree that we are not responsible , under any circumstances and in any way , for any errors or omissions , loss or damage of any kind incurred as a result of the use of any Content posted on the Website. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such content. The content of the Website or any private communication with us does not constitute professional advice or opinion. In particular, you should consult an appropriate professional licensed in your jurisdiction before starting practice or otherwise rely on the Content obtained through this site. (B) The web site is provided for entertainment purposes; we are not responsible for the accuracy or availability of any information appearing or available on this Web Site. (C) You acknowledge that the service is for personal use. You agree to not use the Service for commercial purposes. (D) Minors are not eligible to use the Services, the Service is intended for adults only . You affirm that you are 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. (E) Publications on the Website may contain links to other websites on the Internet . We are not responsible for the content of these and any express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of the publications we offer. We are not responsible for any advertising, products or other materials available from such sites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with its operators. (F) You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind. (G) We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other violation of security and ensure that you exit from your account at the end of each session use. We are not responsible for any loss or damage caused by your breach of this provision. (H) You are solely responsible for your conduct and any Content you submit , post, and display on the Service, or allow others to send, publish and / or display on the Service under your user name.
  • You should not harass, threaten, impersonate or intimidate other members.
  • You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful against an ethnic group, or otherwise objectionable.
  • You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, ” chain letters”, “pyramid schemes”, “affiliate links” , or any other application form.
  • You must not transmit any worms or viruses or any code of a destructive nature .
  • You should not use the Service for any illegal or unauthorized purpose.
  • You do not have to create multiple member accounts with the intention of artificially inflating ratings or exploiting other features on the Service.
(I) We have the right, at our sole discretion, to terminate your access to and use of the Services and / or remove any Content to consider statements or conduct to be inaccurate, illegal, defamatory, obscene, threatening, invasive of privacy, defamatory, offensive, or in any way be in violation of these Terms. (J) dermica.ca reserves the right to modify, suspend immediately remove or suspend any portion of the Service or any Content (whether submitted by Dérmica Med Esthetics or an individual ) for any reason, without notice or liability.

5. Publications

(A) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, with royalty-free, perpetual, worldwide, fully transferable, assignable, to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate it in other works in any form, media or technology now known or later developed . You further warrant that all so-called ” moral rights” in the Content have been waived. (B) By posting content to the Web Site, you warrant and represent that you own or otherwise control all rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit content, or the use of the content is fair use. You agree not to supply knowing that it is false and misleading information. You represent and warrant that the content you supply does not violate these Terms. It is your responsibility to ensure that its publications or advertisements do not disclose confidential and / or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.

6. Disclaimer

You understand that all opinions expressed by users of this site are expressed strictly in a personal capacity and not as representatives of our or any of our sponsors or partners. The opinions that you or others added to the Web site does not necessarily reflect our opinions. IN NO EVENT SHALL WE , OUR SPONSORS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, FEATURE, DATA OR PROFITS, WETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY REFERENCE WEBSITE OR LINKED TO THIS SITE. ALSO, WE ARE NOT RESPONSIBLE IN ANY WAY FOR THIRD PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE ORDER PROCESSING. You agree to indemnify and hold harmless us and our affiliates , and their directors, officers and employees, harmless from any claim or demand, including attorneys’ fees, arising out of or in any way connected with your use of the Web Site and Services any content you provide to the Website, or your violation of these Terms or the rights of others.

7. Exclusions of Warranties

ALL MATERIALS AND SERVICES ON THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A OWNERS, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE OR OUR AFFILIATES OR PARTNERS WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS OR DEFECTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR OTHERWISE, inaccuracies or typographical errors. WE CAN MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING PRICING AND PRODUCT DESCRIPTIONS CONTAINED HEREIN AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THIS SITE MAY BE OUT OF DATE (not kept up), AND WE HAVE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR OTHER ACQUISITION OR DOWNLOADING OF ANY MATERIALS THROUGH THIS SITE IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM SUCH ACTIVITIES. Through your use of the site, you may find opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, guarantees, maintenance and delivery terms relating to such transactions, are agreed only between the seller or purchaser of goods and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH OR IN CONNECTION WITH THIS SITE, YOU UNDERSTAND AND AGREE THAT such transactions are undertaken AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY ANY THIRD PARTY, AND NOT BY U.S. or any of our affiliates.

8. Acceptance and Acknowledgement of Terms

Use of this Web site constitutes acceptance of these Terms and Conditions. You acknowledge that you have read and are bound by the Terms and any other use of our agreements, including the Terms of Use governing their conduct. Thanks for participating on the dermica.ca website.