Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A DDK DRTV, LLC PRODUCT.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 14) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 14 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
TABLE OF CONTENTS
- User-Generated Content
- User Conduct
- Protection of Intellectual Property Rights and License
- Disclaimer Regarding Information Provided on the Website
- Disclaimer of Warranties With Respect to Use of the Website
- Links to Other Websites That DDK DRTV, LLC Does Not Control
- Purchasing Items from Us
- Electronic Communications, Signatures and Agreements
- Communications with DDK DRTV, LLC
- Limitation on DDK DRTV, LLC’s Liability
- Termination of Website
- Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
- Exclusive Venue for Other Controversies
- Remedies for DDK DRTV, LLC
- Modifications to the Agreement
- Trademark Notices
- Copyright Policy
- Other Important Terms
In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant DDK DRTV, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. DDK DRTV, LLC and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify DDK DRTV, LLC for all claims relating to Your Content.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. DDK DRTV, LLC has the right, but not the obligation, to monitor and edit or remove any activity or content. DDK DRTV, LLC takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
(ii) modify, distribute, or re-post any content on the Website for any purpose; or
(iii) use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:(a)not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;(b)not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;(c)not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;(d)not to use, frame, or utilize framing techniques to enclose any DDK DRTV, LLC trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without DDK DRTV, LLC's express written consent;(e)not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.(f)not to use meta tags or any other "hidden text" utilizing a DDK DRTV, LLC name, trademark, or product name without DDK DRTV, LLC's express written consent;(g)not to deeplink to the Website without DDK DRTV, LLC's express written consent;(h)not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;(i)not to collect or store personal data about others;(j)not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;(k)not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;(l)to be bound by the Product Submission Policies of DDK DRTV, LLC, including that any product submission you may make to DDK DRTV, LLC will not be held in confidence by DDK DRTV, LLC and is not proprietary, that DDK DRTV, LLC may use the product submission and any aspect thereof for any purposes in DDK DRTV, LLC's sole discretion and that DDK DRTV, LLC owes no duties or obligations with respect to you or the product submission made; and(m)to comply with all applicable laws regarding your use of the Website
Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of DDK DRTV, LLC's or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Disclaimer Regarding Information Provided on the Website
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
DDK DRTV, LLC AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE DDK DRTV, LLC STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, DDK DRTV, LLC CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
Disclaimer of Warranties With Respect to Use of the Website
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DDK DRTV, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DDK DRTV, LLC DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. DDK DRTV, LLC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DDK DRTV, LLC OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Links to Other Websites That DDK DRTV, LLC Does Not Control
Purchasing Items from Us
Product Representations. DDK DRTV, LLC reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. DDK DRTV, LLC takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that DDK DRTV, LLC 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. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service or by calling 888-652-9579. DDK DRTV, LLC's descriptions of, or references to, products not owned by DDK DRTV, LLC do not imply endorsement of that product, or constitute a warranty by DDK DRTV, LLC.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. DDK DRTV, LLC reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by DDK DRTV, LLC prior to DDK DRTV, LLC’s acceptance of the order. DDK DRTV, LLC may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
DDK DRTV, LLC does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If DDK DRTV, LLC discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, DDK DRTV, LLC will also report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. DDK DRTV, LLC will add applicable shipping and handling fees to your order. Unless otherwise noted, DDK DRTV, LLC will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although DDK DRTV, LLC may provide delivery or shipment timeframes or dates, you understand that those are DDK DRTV, LLC's good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, DDK DRTV, LLC will use reasonable good faith efforts to contact you. If DDK DRTV, LLC cannot contact you or you no longer wish to receive the item, DDK DRTV, LLC will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or Mastercard. DDK DRTV, LLC shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. DDK DRTV, LLC may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, DDK DRTV, LLC is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. DDK DRTV, LLC is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes. Qualifying States: AL, AZ, AR, CA, CO, CT, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI and WY.
Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. DDK DRTV, LLC shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to DDK DRTV, LLC, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
International Orders. DDK DRTV, LLC does not directly sell certain DDK DRTV, LLC products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While DDK DRTV, LLC may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:
(a)You agree that the purchase of any DDK DRTV, LLC products by you, as a non-U.S. resident, shall be (i) ex works DDK DRTV, LLC's facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;(b)You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;(c)You hereby expressly authorize and direct DDK DRTV, LLC to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and(d)You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from DDK DRTV, LLC's facilities in the United States to your foreign shipping address.
For Canadian Orders only: DDK DRTV, LLC is an approved CREDITS participant with the Canada Border Services Agency (CBSA). By ordering goods from DDK DRTV, LLC, you hereby authorize Landmark Trade Service LTD. an approved customs broker in CREDITS, to act as your agent, and to transact business with the CBSA to obtain release of your merchandise, account for duties and taxes, return merchandise to DDK DRTV, LLC, and electronically submit refund claims on your behalf. Under the CREDITS program, you understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from DDK DRTV, LLC. Further, you also authorize Landmark Trade Service LTD. to forward any refund issued by the CBSA in your name, so that DDK DRTV, LLC can be reimbursed.
Automatic Renewal Terms. If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under Customer Service or by calling 1-888-652-9579. If you are participating in our automatic renewal program using a credit card and your credit card fails to process for a subsequent shipment, DDK DRTV, LLC may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and DDK DRTV, LLC will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our automatic renewal program may be terminated and your account may be sent for collection.
Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service at 1-888-652-9579 for assistance. DDK DRTV, LLC will refund your payment when your product is timely returned or cancelled, and within 7 business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or Mastercard.
DERMAFLASH Customer Service and Limited Warranty Information
Congratulations on your purchase! We value our customers and aim to provide the highest quality products to ensure customer satisfaction. Please use this as your reference for any customer service or warranty needs you may have in the future.
The DERMAFLASH™ device ("device"), inclusive of charging base/docking station ("base") and handheld device ("handpiece") and exclusive of the Edge Tray ("Edge Tray"), is warranted to be free from manufacturing defects for a period of 12 months from the date of purchase. There are no other warranties with this device. All warranty claims should be submitted in writing to the manufacturer within one year of the date of purchase and must include the original proof of purchase.
NEVER drop the device as this could damage the product and void the warranty.
NEVER submerge the base or handpiece into water or other liquid, as it can damage the device. Evidence of liquid infiltration into any component of the device will void the warranty. In the event either the base or handpiece falls into any liquid, immediately cease use of the device, and unplug it from the electrical power source.
Charge the device using only the base supplied with your device. Utilizing or substituting different charging means can damage the device and may void your warranty. Every device comes with a 1-year limited warranty as detailed herein. The warranty applies only if the device has been used only for its intended purpose and in accordance with the operating instructions.
The 1-year limited warranty covers manufacturing defects in materials and workmanship of your device as long as you purchased it from an authorized retail partner or directly at www.trydermaflash.com.
The 1-year limited warranty is valid for the original purchaser only and cannot be transferred. This 1-year limited warranty is effective only if the device is purchased and used in the United States or Canada.
The 1-year limited warranty begins on the date of purchase and expires one year later. The 1-year limited warranty period is not extended by any time period during which the DERMAFLASH device (or any parts thereof) is in for repair, or if it is replaced by DDK DRTV LLC (the "Company"), during the warranty period. Proof of purchase is required for all warranty claims.
What to do if your DERMAFLASH device stops operating during the warranty period?
If the handpiece has been fully charged and is loaded with a new Edge, but not operating, or if the base fails to charge the handpiece, contact our Consumer Service Department at 888-652-9579. If, upon inspection by the Company, the DERMAFLASH device is found to have a manufacturing defect, the Company will, at its sole discretion, either repair or replace your DERMAFLASH device. In particular, if the Company confirms a defect covered by this 1-year limited warranty, the Company will, at its sole and exclusive discretion, either: (i) replace your DERMAFLASH device at no charge with a new DERMAFLASH device, either the same as or similar to the model you purchased; or (ii) replace the DERMAFLASH device with a refurbished device that is the same as or similar to the model you purchased. If the Company does not find a manufacturing defect in the device that is covered by this 1-year limited warranty, or if we find the device is not defective, the Company will advise you of its findings and (i) return your DERMAFLASH device utilizing standard shipping methods at the purchaser's expense; or (ii) dispose of the device at the purchaser's request or if return shipping is not authorized by the purchaser within ten (10) days after informing you that the Company did not find any defects or that any defects found are not covered by the 1-year limited warranty.
All Limited Warranty services must be authorized and performed by the Company, or an authorized service provider. Unauthorized service of the device voids all warranties. Use of the DERMAFLASH device with Edge cartridges other than those supplied by the Company may damage the product. Damage caused by the use of Edges not supplied by the Company may void this limited warranty.
What is not covered by this 1-year limited warranty?
This 1-year limited warranty does not cover damage, defects, or failure caused by abuse or misuse; improper care; impact or insertion of foreign objects; vandalism; improper storage; unauthorized or incorrectly performed maintenance or repair; application of harmful chemicals or liquids; Acts of God, fire, or water; abrasives; purchaser's negligence; failure to follow manufacturer's instructions; use in combination with adaptors and/or equipment other than those provided by the Company; use in any manner or for any condition other than that for which the product is labeled; normal wear and tear; alteration; overuse; professional use; or commercial use.
Warranty Limitations and Disclaimers
The Company's RESPONSIBILITY FOR MANUNFACTURING DEFECTS IN THE DERMAFLASH DEVICE AND YOUR REMEDIES FOR THE BREACH OF THIS 1-YEAR LIMITED WARRANTY ARE LIMITED SOLELY TO THE REPAIR AND REPLACEMENT OF THE DEVICE AS SET FORTH IN THIS WARRANTY STATEMENT. THERE ARE NO IMPLIED WARRANTIES CREATED BY THE MANUFACTURE, SALE OR USE OF THE DEVICE. THE 1-YEAR LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, THEN THE DURATION OF SUCH IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY LIMITED TO THE DURATION OFTHE EXPRESS LIMITED WARRANTY SET FORTH ABOVE (1 YEAR FROM DATE OF PURCHASE). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF DDK DRTV LLC. IS ADVISED OR AWARE THAT SUCH DAMAGES MIGHT ARISE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF USE OF THE DEVICE, COST OF ANY SUBSTITUTE EQUIPMENT, THE CLAIMS OF THIRD PARTIES, OR DAMAGE TO PROPERTY. THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY CAUSED BY A MANUFACTURING DEFECT IN THE DEVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITS ON WARRANTIES, OR ON REMEDIES FOR BREACH IN CERTAIN TRANSACTIONS. IN SUCH JURISDICTIONS, THE LIMITS IN THIS PARAGRAPH AND THE DISCLAIMER OR EXCEPTIONS FROM WARRANTY MAY NOT APPLY.
THESE WARRANTY TERMS, CONDITIONS AND LIMITATIONS ALLOCATE THE RISKS OF PRODUCT FAILURE BETWEEN THE COMPANY AND YOU, THE PURCHASER OF THE DEVICE. THIS ALLOCATION IS RECOGNIZED BY BOTH PARTIES AND IS REFLECTED IN THE PRICE OF THE DEVICE AND THAT BY USING YOUR DEVICE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, CONDITIONS AND LIMITATIONS, UNDERSTAND THEM, AND ARE BOUND BY THEM.
The Company reserves the right to make changes and improvements to its products without incurring any obligation to make corresponding changes or improvements to devices previously manufactured or sold.
This warranty is governed by the laws of the State of ILLINOIS and without regard to (i) the conflict of law provisions thereof which could result in the application of the laws of any other jurisdiction, including applicable U.S. and Canadian law or (ii) the United Nations Convention on Contracts for the Sale of Goods.
No Other Warranties
Unless modified in a writing signed by both parties, these warranty terms, conditions and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of the Company or any other party (including without limitation distributors, dealers, and retailers) is authorized to make any warranty in addition to the warranty made herein.
To the extent any term in this 1-year limited warranty violates the law of any state or jurisdiction, all other terms of the 1-year limited warranty remain in effect.
User Manual. Click HERE to download the Dermaflash User Manual.
Electronic Communications, Signatures and Agreements
The information communicated on the Website constitutes an electronic communication. When you communicate with DDK DRTV, LLC through the Website or via other forms of electronic media, such as e-mail, you are communicating with DDK DRTV, LLC electronically. You agree that DDK DRTV, LLC may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that DDK DRTV, LLC provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by DDK DRTV, LLC or you).
You further acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by DDK DRTV, LLC, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY DDK DRTV, LLC. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Communications with DDK DRTV, LLC
You acknowledge that telephone calls to or from DDK DRTV, LLC are monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to DDK DRTV, LLC, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to DDK DRTV, LLC. You acknowledge that by voluntarily providing your telephone numbers to DDK DRTV, LLC, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of DDK DRTV, LLC relating to this Agreement, any purchase or transaction with DDK DRTV, LLC, matters related to your account (including debt collection), and promotions regarding DDK DRTV, LLC products. These communications may be made by or on behalf of DDK DRTV, LLC, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that DDK DRTV, LLC will not be responsible for these charges.
DDK DRTV, LLC may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide DDK DRTV, LLC notice within 30 days of any change to your contact information by writing to 1845 Brevard Rd. Arden, NC 28704; Attention: DDK DRTV, LLC Customer Service. Your consent to this communications provision is not required to make any purchase with DDK DRTV, LLC.
Limitation on DDK DRTV, LLC’s Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL DDK DRTV, LLC, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold harmless DDK DRTV, LLC, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to DDK DRTV, LLC that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
Termination of Website
You agree that DDK DRTV, LLC may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that DDK DRTV, LLC, in its sole discretion, deems appropriate. You further agree that DDK DRTV, LLC will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on DDK DRTV, LLC’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and DDK DRTV, LLC both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. DDK DRTV, LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against DDK DRTV, LLC, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to DDK DRTV, LLC, 111 W. Illinois St., WeWork Fl. 5, Chicago, IL 60654; Attn: Legal. You agree to negotiate with DDK DRTV, LLC in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after DDK DRTV, LLC’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and DDK DRTV, LLC agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and DDK DRTV, LLC agree.
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
Arbitration Fees. DDK DRTV, LLC shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although DDK DRTV, LLC may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, DDK DRTV, LLC agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
Enforceability. This provision survives termination of your account or relationship with DDK DRTV, LLC, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and DDK DRTV, LLC and shall not be modified except in writing by DDK DRTV, LLC.
Amendments. DDK DRTV, LLC reserves the right to amend this arbitration provision at any time. Your continued use of any DDK DRTV, LLC Website, purchase of a DDK DRTV, LLC product, or use or attempted use of a DDK DRTV, LLC product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, DDK DRTV, LLC will provide you notice and an opportunity to opt-out. Your continued use of any DDK DRTV, LLC Website, purchase of a DDK DRTV, LLC product, or use or attempted use of a DDK DRTV, LLC product, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A DDK DRTV, LLC PRODUCT ( WHICHEVER COMES FIRST) BY WRITING TO DDK DRTV, LLC, 111 W, ILLINOIS ST, WEWORK FlL 5, CHICAGO, IL 60654; ATTN: LEGAL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY DDK DRTV, LLC PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF DDK DRTV, LLC PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Exclusive Venue for Other Controversies
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You and DDK DRTV, LLC agree to commence any proceeding within 1 year after the Claim arises and that any proceeding commenced after 1 year shall be barred.
Remedies for DDK DRTV, LLC
In order to avoid irreparable injury to DDK DRTV, LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting DDK DRTV, LLC from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Modifications to the Agreement
Dermaflash is a trademark of DDK DRTV, LLC. All other trademarks and service marks displayed on the Website are the property of DDK DRTV, LLC or their respective owners. You may not use or display any trademarks or service marks owned by DDK DRTV, LLC without DDK DRTV, LLC’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
It is DDK DRTV, LLC’s policy to respect the copyright and intellectual property rights of others. DDK DRTV, LLC may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, DDK DRTV, LLC may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, DDK DRTV, LLC complies with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide DDK DRTV, LLC's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- Your address, telephone number, and e-mail address.
- 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.
- A statement by you, made under penalty of perjury (e.g., notarized affidavit), 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.
Please direct inquiries regarding infringement issues by email to DMCA@dermaflash.com
Other Important Terms