Terms of Use
These Terms of Use apply to your use of the Internet website (“Site”) operated by Menovi, LLC. (“Menovi”) and located at www.dermovia.com. Please read these Terms of Use carefully before using our Site. By using our Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are prohibited from using our Site or any of the services offered on our Site.
Introduction
Our Site allows users to learn more about Menovi’s products. Through our Site, we may invite you to participate in surveys, questionnaires or contests, contact us with questions or comments or request information, provide us with feedback, participate in chat or message boards, or complete a profile or registration form. To access some of these services, you may have to complete an online registration form. You agree that all information submitted by you will be valid, lawful and complete, and that you will update your registration information as required to keep this information true and complete.
Product Purchases
Menovi accepts VISA, MasterCard, Discover and American Express credit cards for all product purchases. We also accept Paypal transactions. We ship to addresses within the United States and its possessions, including worldwide military bases and only charge sales tax on items shipped to California addresses. We ship to certain International countries and will charge the necessary shipping costs including any customs and duties but are not responsible for delays once order is shipped. The prices listed on our Site are current as long as they are displayed and are subject to change at our discretion. Menovi is not responsible for errors in pricing, and if such an error is discovered, you will be notified and given the opportunity to replace your order at the correct price. If an item you purchase from our Site is on back order, we customarily ship as much of the order as possible and ship the back-ordered item as it becomes available. In cases where our Site experiences technical difficulties, we are not responsible for orders that are not processed or accepted.
Menovi ships via your choice of FedEx, UPS or U.S. Postal Service. There are two factors that determine the shipping charges on orders. Firstly, shipping charges increment as the weight of your order increases. Secondly, the shipping charge formula is scaled based upon the distance between our warehouse headquarters in Los Angeles, California and the destination address. We have set our rates to approximate the rates charged to us by our delivery service providers. Because the U.S. Post Office cannot guarantee delivery, we can only guarantee that your order will not get delayed or lost in transit if you select the United Parcel Service option during checkout. Menovi also adds a handling fee based on the shipping charge.
If you are not satisfied with your purchase for any reason, you may return the product within 30 days of receipt for a refund of the purchase price minus shipping and handling charges and any restocking fees. Upon return, credit will be applied back to your original credit card. Please note that Menovi does not permit the return of or offer refunds for products that are returned without a valid receipt or that are missing components or otherwise not in resalable condition. The customer is responsible for return shipping charges and for providing valid tracking information if confirmation of return is disputed.
Privacy Policy
Please review our Privacy Policy, available at www.menovi.com/privacy.html that describes and governs the collection and use of personal information on our Site and to which you agree and consent to be bound if you use our Site.
Passwords and Security
For some services offered by Menovi, you may need to create a password. You are solely responsible for any use of or action taken under your user name and password on our Site. Your user name and password may only be used to electronically authorize transactions, review information regarding potential and completed transactions and otherwise access and use our Site in accordance with these Terms of Use. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other account activity conducted with your user name and password, and agree to and hereby release Menovi (and its affiliates, directors, officers, employees, representatives, agents and partners (collectively “Related Parties”)) from any and all liability concerning such transactions or activity. You agree to notify Menovi immediately of any actual or suspected loss, theft or unauthorized use of your account or password. Menovi has no obligation to inquire as to the authority or propriety of any use of or action taken under your user name and password and will not be responsible for any loss to you arising from any such use or action or from your failure to maintain the confidentiality and security of your password.
Site Use
All users of our Site are subject to basic rules of good conduct while using and accessing the services provided on our Site. By using and accessing our Site you agree to: (i) refrain from violating applicable federal, state and international laws; (ii) refrain from using the services provided on our Site to send unsolicited e-mails, bulk mail, spam or other materials to other users of our Site or any other individual; (iii) refrain from using the services provided on our Site to harass, threaten, stalk or abuse users of our Site; (iv) refrain from using the services provided on our Site to harm minors; (v) refrain from interfering with others’ use of our Site; (vi) refrain from using the services provided on our Site to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via our Site; (vii) refrain from using the services to create a false identity or to impersonate another person; and (viii) refrain from using the services to advertise Internet sites or services which are competitive to our Site. The foregoing rules set the minimum level of conduct that we expect at our Site. We also ask that you use common sense and be considerate towards other users. We reserve the right, in our sole discretion, to suspend or terminate your right to use our Site or the services provided on our Site, if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive.
Posted Content
As part of your use of our Site, you may be permitted to upload, post, distribute or disseminate (collectively, “post”) images, videos, files, data, information, and other content and material (the “Posted Content”) on our Site. You hereby grant Menovi an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Posted Content (i) on our Site and to (ii) to promote and advertise our Site and Menovi’s products and services. In connection with these activities, you agree that Menovi has the right to copy, modify, publish, display, distribute, translate, and create derivative works from the Posted Content, regardless of the medium, technology, or form in which it is used. You also warrant that if you are not the owner of the Posted Content, the owner of the Posted Content has validly and irrevocably granted you the right to grant the license stated above.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of the Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post any chain letter or pyramid scheme; or (f) post any material that contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Menovi does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content posted by other users will be at your own risk. Menovi does not confirm that each user is who he or she claims to be. While we exercise a considerable effort to protect Posted Content from being misused, misuse can occur, and, if misuse does occur, you agree to hold Menovi and its Related Parties harmless from any claim arising out of or in any way connected with such misuse. Because Menovi is not involved in user-to-user dealings and does not control the behavior of users on our Site, in the event that you have a dispute with one or more users, you agree to hold Menovi and its Related Parties harmless from and against any claim arising out of or in any way connected with such dispute.
Menovi acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If Menovi becomes aware of any Posted Content that allegedly may not conform to these Terms of Use, Menovi may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use. Menovi has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, harmful, inaccurate, mislabeled or deceptively labeled. Menovi expects that you will use caution and common sense when using our Site. MENOVI HAS THE ABSOLUTE RIGHT IN ITS SOLE DISCRETION TO REMOVE OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL OR DELETION AND WAIVE ANY CLAIM AGAINST MENOVI AND ITS RELATED PARTIES FOR SUCH REMOVAL OR DELETION.
Copyrights, Trademarks, and Other Intellectual Property
All material contained on our Site, including, but not limited to graphics, images, logos, articles, videos, audio and digital clips, photographs, and illustrations are the property of Menovi, our Site users or third parties and is protected by United States and international laws. No material from our Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You agree to (i) abide by all copyright notices, trademark legends, author attributions, and other proprietary notices on such materials, (ii) make no modifications to such materials, and (iii) not download quantities of such materials to a database that can be used to avoid future downloads from our Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on our Site. You acknowledge that you do not acquire any ownership rights by downloading material from our Site. When you download material from our Site, Menovi and our third party licensors grant you a license to use the material for your personal, noncommercial use only.
If you believe any material on our Site constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of where the alleged infringing material is located on our Site; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. The Menovi Designated Agent for notice of claims of copyright infringement can be reached as follows: support@dermovia.com.
External Web Sites
Users of our Site may gain access through links from our Site to other web sites or resources over which Menovi does not have control (“External Web Sites”). Menovi makes no representations or warranties whatsoever about these External Web Sites. A link to an External Web Site from our Site does not constitute an endorsement of the products or services offered on such site. Menovi disclaims all responsibility and liability for content on External Web Sites. Menovi has not taken any steps to confirm the accuracy or reliability of, any of the information contained in the External Web Sites and we do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give a third party. You hereby irrevocably waive any claim against Menovi and its Related Parties with respect to the External Web Sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any transaction with an operator of an External Web Site.
Termination
Menovi reserves the right to reject your registration or suspend or terminate your access to and use of all or any portion of our Site at any time and for any reason, in its sole discretion. These Terms of Use will continue to apply to your past use of our Site in the form in which they existed at the time of the subject use. Termination of your access to and use of our Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Menovi.
Modification of Terms
Menovi may modify these Terms of Use, any contest rules or any of the policies or guidelines governing our Site, at any time and in its sole discretion, by posting the modified Terms of Use, rules, policies or guidelines on our Site. The modifications shall be effective upon their posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review these Terms of Use periodically so that you are aware of any modifications. Your use of our Site indicates your full acceptance of the Terms of Use in their then-current form each time you use our Site. You agree that the notice provisions provided in these Terms of Use are reasonable.
Indemnity
You agree to indemnify, defend and hold harmless Menovi and its Related Parties from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of our Site or any material you submit, download, post or transmit through our Site; (ii) your breach of these Terms of Use, any contest rules or any of the policies or guidelines governing our Site or any representation, warranty or covenant made by you herein or therein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights, including but not limited to, copyright infringement, harm to a third party’s trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives any termination of these Terms of Use.
Applicable Law
Any disputes arising out of or relating to these Terms of Use, any contest rules or any of the policies or guidelines governing our Site or the use of our Site shall be resolved in accordance with the laws of the State of California, without regard to its conflict of law rules. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE APPLICABLE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES, CALIFORNIA IN ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS OF USE, ANY CONTEST RULES OR ANY OF THE POLICIES OR GUIDELINES GOVERNING OUR SITE OR YOUR ACCESS TO OR USE OF OUR SITE. Menovi makes no claim that our Site may be lawfully viewed or that material may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access our Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Entire Agreement
These Terms of Use, any contest rules and the policies and guidelines governing our Site, as modified from time to time, constitute the entire agreement between you and Menovi with respect to the subject matter thereof and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Assignment
These Terms of Use will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both you and Menovi. Menovi may assign these Terms of Use in whole or in part at any time without your consent. You may not assign these Terms of Use or delegate any of your obligations hereunder.
Notices
Any notice to Menovi that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support@dermovia.com or when delivered in person or mailed by first class, registered or certified mail, postage prepaid, to: Menovi, LLC, 511 South Palm Avenue, Unit 2, Alhambra, CA 91803 Attn: Designated Agent. Any notice from Menovi to a Site user or contest entrant that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when sent by e-mail to the email address provided by such user or contest entrant or when delivered in person or mailed by first class, registered or certified mail, postage prepaid to the address provided by such user or contest entrant.
Disclaimer of Warranties
OUR SITE AND THE MATERIAL PROVIDED THROUGH OUR SITE ARE PROVIDED ON AN “AS IS” BASIS. MENOVI DOES NOT REPRESENT OR WARRANT THAT THE CONTENT PROVIDED OR THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED HEREIN, MENOVI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR ANY MATERIAL PROVIDED ON OUR SITE OR ANY PRODUCTS THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH OUR SITE. USE OF OUR SITE IS AT YOUR OWN RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.
TO THE FULLEST EXTENT ALLOWED BY LAW, MENOVI DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, OR LEGALITY OF OUR SITE OR SERVICES PROVIDED ON OUR SITE. BY USING OUR SITE, YOU ACKNOWLEDGE THAT MENOVI IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (i) USE OF OUR SITE; (ii) DOWNLOADING MATERIAL FROM OUR SITE; OR (iii) E-MAILS SENT FROM OUR SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT MENOVI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF OUR SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER MENOVI NOR ITS RELATED PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF OUR SITE OR MATERIAL PROVIDED ON OUR SITE, INCLUDING BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (ii) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (iii) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE, ERRORS, OR OMISSIONS; (iv) DAMAGES RELATED TO DOWNLOADING MATERIAL, POSTING MATERIAL OR SENDING OR RECEIVING E-MAILS; AND (v) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS.
THE AGGREGATE LIABILITY OF MENOVI AND ITS RELATED PARTIES SHALL BE LIMITED TO US $100.00 IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.
Miscellaneous
No failure of Menovi to enforce any of its rights under these Terms of Use, any contest rules or any of the policies or guidelines governing our Site will act as a waiver of such rights. If any portion of any provision of these Terms of Use or such other rules policies or guidelines is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms of Use and such other rules policies and guidelines shall remain in full force and effect. Headings used in these Terms of Use are for convenience only and have no legal or contractual significance.
If you have any questions regarding these Terms of Use please contact us via email at customerservice@dermovia.com.
These Terms of Use were last updated on March 1, 2015 and are effective as of March 1, 2012.