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TERMS OF USE

Effective Date July 1, 2015

 

1) ISDIN and this Website.

You are visiting the website www.isdin.com/us, which is the property of and is maintained by ISDIN, S.A. (collectively, “ISDIN,” “we,” “us” or “our”) and is intended for use in the United States.  ISDIN is a Spanish commercial entity, with registered address at la calle Provençals, no. 33, 08019, Barcelona, with Corporate Tax ID no. A - 08.291.924, and is registered in the Commercial Register of Barcelona under volume 2,066, folio 18, sheet no. B-34.314.ISDIN’s contact email address is contact.us@isdin.com.

 

2) Terms of use.

2.1. User acceptance of these terms of use.

These terms of use (“Terms”) govern your access and use of this website as well as the products and services made available to you on this website (“Website”). “User,” “you” or “your” means anybody who accesses, browses, uses or participates in the services and activities of this Website.  Your access or use of this Website constitutes your unconditional acceptance of these Terms. By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence.  Your acceptance of the Terms provides you with a temporary and limited right to use this Website, which may be revoked at any time as described below.  Your acceptance of these Terms also includes your acceptance of our Privacy Policy , which is incorporated into these Terms by reference.

 

Through this Website, ISDIN may offer temporary promotional products or services that will be governed by additional terms and conditions that will be made available to you as applicable (“Special Terms”).  These Terms will continue to govern such temporary products or services, except where there is a discrepancy between these Terms and any Special Terms, in which case the Special Terms will be applicable.

 

2.2 Modification of these Terms and Website withdrawal and suspension.

ISDIN reserves the right to amend or update these Terms at any time. It is recommended that you consult these Terms regularly because your continued use of this Website constitutes your acceptance of the current version of these Terms.  ISDIN may withdraw or suspend any portion of this Website at any time and without prior warning.

 

3) Access to this Website and passwords.

In general, no prior user subscription or registration is required to access and use this Website.  Certain areas of this Website may require you to subscribe or register.  In the event that subscription or registration is required in order to access any portion of this Website, it is your responsibility to maintain the confidentiality of your username and password.  You are responsible for all uses of your username or password and all related activities, whether authorized by you or not.  You must notify ISDIN immediately of any unauthorized use of your account or any violation of the security of this Website, of which you have become aware.

 

4) Acceptable use of this Website.

Your use of this Website must comply with the following acceptable use policy.  

  • ·  Protect the personal data of others to whom reference may be made.
  • · Use the content and services of this Website in accordance with applicable law, these Terms, good practice and public order.  You represent and warrant that you will not use this Website for any unlawful purpose or any purpose prohibited by these Terms.
  • · Do not express political or xenophobic opinions.
  • · Always respond respectfully to the opinions and comments of others.
  • · Refrain from abusive activities, defamatory or threatening comments, or comments of a sexual nature.
  • · Do not make false, inaccurate or incorrect declarations or statements.
  • · Do not present texts, materials or the opinions of others as your own that may violate the intellectual property rights of others.
  • · Do not copy, sell, resell or commercially exploit any portion of this Website.
  • · Do not destroy, alter, disable or damage in any other way the data, programs or electronic documentation found on this Website.
  • · Do not obstruct the access of other users through the mass consumption of IT resources provided by ISDIN, or carry out actions that damage, disrupt or generate errors in ISDIN or third party systems or services.
  • · Do not create user accounts with false data on behalf of third parties who have not given their express consent.
  • · Do not introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any kind of alteration to the IT systems of ISDIN or of third parties.
  • · Do not assist or permit any other person in engaging in any of the prohibited activities described above.

 

In addition to your use of this Website generally, ISDIN may make available to users, either on this Website or other websites owned by ISDIN, interactive areas such as blogs, forums and communication areas between registered users for health-related educational purposes, sharing health-related experiences and knowledge, and debating health-related topics. ISDIN reserves the right, but not the obligation, to unilaterally remove comments and/or materials on any part of this Website when ISDIN deems removal appropriate.

 

Any violation of the acceptable use provisions or these Terms will result in a loss of access rights to this Website as well as possible legal action brought by ISDIN against you.

 

5) Advertising.

Parts of this Website may host content from advertisers and sponsors. In this case, the advertisers and sponsors will be solely responsible for ensuring that material submitted for inclusion on this Website complies with all laws that may be applicable.

 

ISDIN shall not be held accountable for any error, inaccuracy or irregularity that the content from advertisers and sponsors may contain. To submit a complaint regarding the advertising content published on this Website, please contact ISDIN at the following email address: contact.us@isdin.com.

 

6) Third party links.

These Terms refer solely to this Website and are not applicable to links or third party websites accessible through this Website. The destinations of such links are not under ISDIN’s control and ISDIN is not responsible for the content of any linked website, for any further links contained in a third-party website accessed through this Website, or for any change or update of such websites.  The links are provided for informative purposes only, to inform you of the existence of other information sources regarding a particular topic, and the inclusion of a link in no way represents ISDIN’s endorsement of the linked website.

 

7) Intellectual property.

7.1. Intellectual property ownership and use.

As between you and ISDIN, the entire content of this Website, unless otherwise indicated, is the exclusive property of ISDIN, including, but not limited to, the graphic design, source code, logos, texts, graphics, illustrations, photographs, other elements that appear on this Website and all intellectual property rights related thereto.  Equally, all of the trade names, trademarks or logos of any kind contained on this Website are protected by law whether or not appearing with a trademark symbol. 

 

Except where otherwise indicated, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any portion of this Website. In addition, reproduction, imitation, dilution or confusing or misleading use of any trade names, trademarks or logos is prohibited.  ISDIN does not grant you any license or authorization to ISDIN’s intellectual property rights, or regarding any other right pertaining to this Website, except for use for your own, individual non-commercial and information purposes. You acknowledge that the reproduction, distribution, commercialization, transformation, and, in general, any other form of exploitation, by any means, of all or part of the content of this Website, constitutes a breach of ISDIN’s, or the applicable owner’s, intellectual property rights.

 

7.2. DMCA procedure.

If any individual believes that his or her intellectual property has been copied and is available on this Website in a manner that constitutes copyright infringement, please provide the following information to ISDIN’s DMCA Agent:

  • · The copyrighted work claimed to have been infringed;
  • · The portion of this Website that allegedly contains infringing material that the requestor is requesting be removed;
  • · A statement that the requestor has a good faith belief that use of the allegedly infringing material is not authorized by law or by the requestor;
  • · The requestor’s name, address, telephone number and email address to enable ISDIN to contact the requestor; and
  • · Under the penalty of perjury, a signed (electronic or physical) statement that all of the foregoing information is accurate and the requestor is, or is authorized to act on behalf of, the owner of the work claimed to have been infringed.

A requestor may submit claims to ISDIN’s DMCA Agent to the following address: contact.us@isdin.com.

 

8) E-Commerce.

8.1. Products or services.

Certain products or services may be available online through this Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy . All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We have endeavored to display accurate colors and images of our products that appear on this Website. We do not guarantee that your computer monitor’s display of any color or image will be accurate. In addition, we do not guarantee that the product descriptions are complete, reliable, current, or free of errors. 

We reserve the right, but not the obligation, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

8.2. Modification to prices.

All prices listed on this Website are subject to change without notice.

8.3. Accuracy of billing and account information.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8.5. Shipping and risk of loss.

The risk of loss and title for all items sold on the Website pass to you upon our delivery of such items to a shipment carrier. 

 

9) Limitation of liability.

9.1. Responsibility for Website use.

You are solely responsible for your use of this Website and any damage that may arise from your use of this Website. 

 

9.2. Responsibility for Website functionality.

ISDIN accepts no liability for any interference, omissions, interruptions, computer viruses, telephone faults or disruptions to the operation of the electronic system. ISDIN is further exempt from any liability that could derive from delays or stoppages to the operation of this electronic system caused by faults or telephone line or Internet overload, as well as damage caused to third parties by unlawful interference outside of ISDIN’s control. ISDIN is entitled to temporarily suspend, without prior warning, access to this Website for maintenance, repair, updating or improvement.

 

9.3. Limitation of liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ISDIN OR ANY OF ITS AFFILIATES, PARTNERS,  COLLABORATORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF DATA) ARISING OUT OF OR RELATED TO THIS WEBSITE, YOUR USE OF THIS WEBSITE, OR YOUR INABILITY TO USE THIS WEBSITE EVEN IF ISDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. 

 

10) Disclaimer of warranties.

ISDIN endeavors to provide up-to-date and reliable information on this Website; however, ISDIN does not in any way guarantee the absence of errors, inaccuracies and/or omissions in any of the content accessible through this Website.  THIS WEBSITE IS PROVIDED “AS IS” AND ISDIN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY USER RELATING IN ANY WAY TO THIS WEBSITE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISDIN DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.  WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISDIN DISCLAIMS ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY; (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTIES OF NON-INFRINGEMENT; (D) WARRANTIES RELATING TO THE AVAILABILITY OF THIS WEBSITE; (E) WARRANTIES RELATED TO ACCURACY OF DATA; AND (F) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON PERFORMANCE, OR ANY OTHER ACT OR OMISSION OF ISDIN.

 

11) No medical advice.

You are encouraged to confirm the information contained on this Website with other sources and to review the information carefully with your professional healthcare provider.  ISDIN is not engaged in rendering medical or similar professional services or advice, and the information provided on this Website not intended to replace medical advice offered by a physician.  If you have a medical condition, you should promptly see a medical doctor or health care provider.  Nothing on this website should be construed as a personal diagnosis or specific treatment advise.  In addition, you should not construe ISDIN’s publication of this content as an endorsement by ISDIN of the views expressed on this Website, or as a guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by ISDIN.

 

12) Indemnity.

You agree to indemnify, defend and hold harmless ISDIN, its subsidiaries, affiliates, directors, officers, agents, licensors, other partners and employees, from and against all liabilities, claims and expenses, including attorney’s fees, made by a third party due to or arising out of your use of this Website, your breach of these Terms or any violation of the rights of any third party.

 

13) Governing law and jurisdiction.

These Terms and the relationship between you and ISDIN shall be governed by U.S. law without regard to its conflict of laws principles.  In the event that any dispute arises between you and ISDIN regarding these Terms that is unable to be resolved through good faith negotiation, you expressly consent and agree to submit to the exclusive jurisdiction and venue of an arbitration to take place in the State of New York and will be held pursuant to the rules of the American Arbitration Association.  Any arbitration award shall be final and binding upon the parties pursuant to the Federal Arbitration Act.  The costs for any arbitration shall be apportioned by the arbitrator, provided that each party shall pay its own attorney’s fees incurred in connection with the arbitration. 

 

14) Miscellaneous.

ISDIN’s failure to enforce any provision of these Terms shall not be construed as a waiver of ISDIN’s right to enforce any of these Terms in the future.  You agree that no joint venture, partnership, employment or agency relationship exists based on your use of this Website. These Terms constitute the entire agreement between you and ISDIN and supersede any prior communications between you and ISDIN.  If any portion of these Terms are held invalid or unenforceable, such portion shall be construed in a manner consistent with applicable law to reflect the original intent of the parties, and the remaining portion of these Terms shall remain in full force and effect.  These Terms may only be modified by (a) ISDIN posting revised Terms to this Website, or (b) in a written document signed by ISDIN. 

 

15) Contact us.

If you have any questions about these Terms, please contact us by email contact.us@isdin.com