PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER THROUGH THIS WEBSITE OR OVER THE TELEPHONE.
Welcome to the Advanced Dermatology Corporation website located at www.advanceddermatology.com (hereinafter “Advanced Dermatology,” “We,” “Us”, or “Our”) and thank You (any visitor to Our web site, and hereinafter “You,” Your,” or “Customer”) for considering Our products and services.
ATTENTION: This is a binding Agreement (the “Agreement”) between you, the individual or entity accessing, using or purchasing Advanced Dermatology from this Website (“You,” “Your” or “Customer”) and Advance Dermatology Corporation (“Advanced Dermatology,” “We,” “Us”, “Our” or “Advanced Dermatology”) the owner and administrator of this Website and all content contained herein (collectively, “Website”).
This website (the “Website”) is owned and operated by Advanced Dermatology Corporation and its affiliates. These Terms and Conditions and any amendments or supplements to it (collectively, the “Agreement”) form a legally binding agreement between you and Advanced Dermatology.
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.
Further, by accessing Advanced Dermatology world wide web pages you agree to the following Terms and Condition. If you do not agree to the following Terms and Conditions, please do not use this Website, do not order, and do not use Advanced Dermatology products. This website is provided for informational purposes only.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. THE FOLLOWING SECTION DISCUSSES A NEGATIVE BILLING OPTION INVOLVING ADVANCED DERMATOLOGY PRODUCTS YOU ORDER FROM THIS WEBSITE. AS DISCUSSED IN GREATER DETAIL BELOW, YOU WILL BE LIABLE FOR PAYMENT FOR THE ADVANCED DERMATOLOGY PRODUCT THAT WAS SHIPPED TO YOU, AND PAYMENT FOR FUTURE SHIPMENTS OF ADVANCED DERMATOLOGY PRODUCTS, UNLESS YOU NOTIFY US TO STOP SUPPLYING THE ADVANCED DERMATOLOGY TO YOU.
If you are placing an order online or by phone as part of Our automatic replenishment program, Your membership in the program will remain in effect until it is cancelled. With the automatic replenishment program, you will receive a discount off Our full retail value price. You agree that approximately 35 days after Your introductory kit has been shipped that We will send you a 90-day supply of products for the guaranteed low price of $59.95 billed monthly. If you add Youthful Boost Eye Concentrate by selecting the relevant checkbox on the order page, you will be upgraded to Our 6 Piece Deluxe Kit, which includes the Youth Boost Eye Cream, and you will be charged $79.95 monthly instead of $59.95. Payments will be automatically billed to the credit card or debit card you provided to Us at the time of Your initial purchase and enrollment or otherwise directed by you. You can change the method of payment by contacting Us (e.g. a different debit card or credit card in Your name). You may make changes to Your order by contacting Us on 1-888-983-2703 up to 5 days prior to the next shipping date. If you do not notify Us that you would like to alter Your shipment within 5 days prior to Your next shipping date, Your credit or debit card or applicable payment method will be charged and the products will automatically be shipped to you.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD OR DEBIT CARD NUMBER, 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 1-888-983-2703.
Payments will appear on your credit card as “Advanced Dermatology”.
You are responsible for any fees or charges Your issuing bank or credit card provider may charge you.
We may, in Our sole discretion, terminate Your automatic delivery at any time without notice. If We do so, you will only be charged for orders that have been shipped to you.
You authorize the issuer of Your credit card or debit card to pay any amounts described herein on an ongoing basis as part of Your subscription to Advanced Dermatology products without requiring a signed receipt for each transaction. You also agree that this Agreement shall be accepted as authorization to the issuer of the credit card or debit card to pay any amounts described herein without requiring a signed receipt for each transaction. In addition you agree that this Agreement shall be accepted as authorization to the issuer of the credit card or debit card to pay all such amounts for Advanced Dermatology products you purchase per Your subscription.
You authorize Advanced Dermatology or any other Advanced Dermatology company that acts as billing agent for Advanced Dermatology, to continue to attempt to charge/debit with respect to all sums described herein to Your credit card or bank account until such amounts are paid in full
You are responsible for any fees or charges Your issuing bank or credit card provider may charge you.
Shipping times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which We will not be responsible.
RETURNS / REFUNDS
If, for any reason, you are not completely satisfied with Your purchase, please call Us on the number listed on this website within 30 days of receipt of Your first shipment and We will offer you a refund (less $12.95 shipping and handling). Ordinarily, We only accept returns of Your first shipment. Your Customer Service Associate will provide all necessary details to process your refund including the return address.
These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms and conditions in this document by any act demonstrating Your assent thereto, including clicking the submit button for the order, or by merely accessing the Website, whether you have read these terms or not. This includes Your authorization to charge Your credit card or debit Your bank account. Please print these terms and conditions for Your personal records.
In addition, you consent to receiving electronic communications from Advanced Dermatology relating to Your account. You agree that any notices, agreements, disclosures or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters special offers, promotional announcements and customer surveys via email or other methods.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Advanced Dermatology product through the Website. By accessing, using or ordering Advanced Dermatology products through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
All content included in Our website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Advanced Dermatology and is protected by British Virgin Islands and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on Advanceddermatology.com is the exclusive property of Advanced Dermatology and protected by British Virgin Islands. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of Advanceddermatology.com for the sole purpose of placing an order with Advnceddermatology.com or using the website as a shopping resource. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of Advanceddermatology.com is strictly prohibited.
Products may vary by country. The pictures of the Products on Our website are for illustrative purposes only. Your Products may vary slightly from those pictures. Moreover, the packaging of the products may vary slightly.
All trademarks, logos, service marks and trade names are proprietary to Advanced Dermatology. All of the brands and product names cited herein are trademarks. Product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to the Website should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Website without the prior written consent of Advanced Dermatology or the third party owner thereof.
This website is owned by Advanced Dermatology Corporation. All right, title, and interest to the content displayed on the Website, are the property of Advanced Dermatology Corporation or its partners, agents or third parties.
THE MATERIAL DISPLAYED ON THIS WEBSITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. THE INFORMATION DO NOT CONSTITUTE MEDICAL ADVICE. EVERY EFFORT HAS BEEN MADE TO ENSURE THE EFFICACY OF ADVANCED DERMATOLOGY PRODUCTS, HOWEVER, THEY ARE FOR COSMETIC PURPOSES ONLY AND HAVE NOT BEEN APPROVED BY ANY MEDICAL OR PHARMACEUTICAL LICENSING BODY. IT IS ENTIRELY YOUR RESPONSIBILITY TO DETERMINE THAT ADVANCED DERMATOLOGY PRODUCTS ARE SUITABLE FOR YOU AND IT IS NOT OUR RESPONSIBILITY TO DO SO. IF FOR ANY REASON, YOU ARE CONCERNED ABOUT THE REACTION OF YOUR SKIN TO ADANCED DERMATOLOGY PRODUCTS, YOU SHOULD SEEK IMMEDIATE ADVICE FROM A MEDICAL PROFESSIONAL.
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW ADVANCED DERMATOLOGY AND ITS SUPPLIERS, CONTENT PROVIDERS AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.
THIS DOES NOT AFFECT ADVANCED DERMATOLOGY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you believe that you have been billed in error, please notify Our Customer Care Department at 1-888-983-2703 immediately. If We do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by Your credit card issuer. You are deemed to have released Advanced Dermatology from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Advanced Dermatology within thirty (30) days of its appearance on Your credit card account statement.
Advanced Dermatology shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
You agree to indemnify, defend and hold harmless Advanced Dermatology, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from Your use this Website or Your breach of the Terms and Conditions.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF ADVANCED DERMATOLOGY PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. ADVANCED DERMATOLOGY IS SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CLASS ACTION WAIVER
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.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions are to be construed in accordance with the laws of British Virgin Islands and in the event of any dispute or claim associated with these Terms and Conditions or an other dispute between You and Us, , that dispute or claim shall be subject to the exclusive jurisdiction of the BVI courts.
Advanced Dermatology is happy to welcome you to its website and to present its activities to the widest possible audience. Advanced Dermatology declines all responsibility for any difficulties encountered in accessing the site or for communication line failure.
INTENDED FOR USERS OVER 18
Our services are available and may only be used by, individuals who are 18 years and older who can form legally binding contract sunder applicable law. Yourepresentand warrant that You are at least 18 years old and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of the Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of October 2016. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.