SimplyDermatology.com supports freedom of speech, both on and off the Internet and strives to provide access to a wide selection of information and merchandise through the Internet. To ensure a safe, non-offensive environment for all of our users, we have established our Terms and Conditions. It spells out what you can expect from us and what we expect from you. By accessing any areas of SimplyDermatology.com (including access through a mobile platform), users (“Users” or “you”) agree to be legally bound and to abide by the terms set forth below, and by all terms, policies and guidelines incorporated by reference. SimplyDermatology.com is operated by Simply Collection, LLC. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE. YOUR ORDER PLACED ON THIS WEBSITE FOR ANY PRODUCT OR SERVICE SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW. Any references herein to SimplyDermatology.com shall be deemed to refer to SimplyDermatology.com and/or Simply Collection, LLC. User acknowledges and agrees that these Terms and Conditions shall apply for access to our website or our data, facilitated through the use of any app, or through any mobile device or platform.
SimplyDermatology.com is a licensed service mark of Simply Collection, LLC and its affiliates. Simply Dermatology is a registered trademark. All rights reserved. These and other SimplyDermatology.com graphics, logs, slogans, service names, service marks and trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Simply Collection, LLC or its affiliates, as the case may be. You may not use metatags or any other “hidden text” utilizing “Simply Dermatology”, “Simply Oil”, “Simply Serum”, “Simply Cream”, “SimplyDermatology.com,” or any other name, service mark, trademark or product or service name of Simply Collection, LLC without our prior written permission. All other trademarks, product names, and company names and logos appearing on SimplyDermatology.com are the property of their respective owners.
User acknowledges that SimplyDermatology.com contains information, data, software, photographs, graphs, videos, books, typefaces, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Simply Collection, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Except as set forth in Section II.A above, User may upload to or otherwise distribute on SimplyDermatology.com only Content that is not subject to any copyright or other proprietary rights protection, or Content in which the author has given express authorization for distribution on the Internet. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Simply Collection, LLC, its affiliates, nor any of their respective officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to SimplyDermatology.com at the following email address: support_sd@SimplyDermatology.com. By submitting Content to any area of this website, including without limitation any product reviews or participation in any blogs and social media platforms or widgets, user automatically grants, or warrants, that the owner of such Content has expressly granted Simply Collection, LLC and SimplyDermatology.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on SimplyDermatology.com retains any and all rights which may legally exist in such Content. You may be required to register with the SimplyDermatology.com. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We may provide you areas on the SimplyDermatology.com to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
Simply Collection, LLC is a distributor and not a publisher of Content supplied by third parties and Users. SimplyDermatology.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of SimplyDermatology.com, are those of the respective authors or distributors and not of Simply Collection, LLC or its affiliates or any of their officers, directors, employees or agents. Neither SimplyDermatology.com nor its affiliates, nor any of their officers, directors, shareholders, members, employees or agents, nor any third party, including any Provider, or any other User of SimplyDermatology.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through SimplyDermatology.com represents the opinions and judgments of the respective Provider or User not under contract with SimplyDermatology.com. Simply Collection, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on SimplyDermatology.com by anyone other than authorized Simply Collection, LLC employees. Under no circumstances shall Simply Collection, LLC, its affiliates, or any of their respective officers, directors, shareholders, members, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through SimplyDermatology.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through SimplyDermatology.com. Any Materials provided by Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Simply Collection, LLC.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from SimplyDermatology.com to either a foreign national or a foreign destination in violation of such laws.
We accept U.S. issued credit and debit cards: Visa, MasterCard, American Express, and Discover. We also accept PayPal and Apple Pay (on certain eligible devices).
When placing a credit or debit card order online or from any mobile device, you will need:
Credit card orders can be placed online over our Secure Socket Layer encrypted connection. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your credit card will be debited upon authorization being received. You agree to provide current, complete, and accurate purchase and account information for all purchases made via SimplyDermatology.com. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through SimplyDermatology.com. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR PAYMENT SERVICE UTILIZED IN CONNECTION WITH ANY TRANSACTION. Notwithstanding anything to the contrary, we reserve the right to cancel or limit any orders for any reason. Prices, promotions, offers, and product availability are all subject to change without notice.
Simply Collection, LLC ships orders within the 48 contiguous states. Depending on merchandise availability and the shipping method you choose at checkout, orders shipped usually arrive within 1 to 10 business days. Accurate shipping address and phone number are required. Your signature is required for delivery. We cannot ship to a P.O. Box address. Actual Methods of shipping will be indicated on the order form page and are hereby incorporated by reference.
Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
All sales of any merchandise purchased through SimplyDermatology.com shall be final sale, and no returns or exchanges are allowed, except as otherwise expressly stated.
Simply Collection, LLC is not responsible for lost or stolen items.
You may cancel an order placed on SimplyDermatology.com by contacting SimplyDermatology.com prior to the final processing of the merchandise (additional processing fees for cancelation may apply).
All references to a “chargeback” refer to a reversal of a credit/debit card charge placed for an order through SimplyDermatology.com or one of its licensed third party vendors. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel
that your credit/debit card was used fraudulently on SimplyDermatology.com, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS WEBSITE OR THROUGH AN APP OR MOBILE PLATFORM. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT SIMPLY COLLECTION, LLC MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO ANY COSTS ASSOCIATED WITH SUCH RECOVERY EFFORTS BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
During use of SimplyDermatology.com, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Simply Collection, LLC shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party websites or the third-party content. Inclusion of, linking to, or permitting the use or installation of any third-party websites or any third-party content does not imply approval or endorsement thereof by us. If you decide to leave SimplyDermatology.com and access the third-party websites or to use or install any third-party content, you do so at your own risk, and you should be aware these Terms of Conditions no longer govern. SimplyDermatology.com provides these links to you only as a matter of convenience, and in no event shall Simply Collection, LLC be responsible for any content, products, or other materials on or available from such websites. Simply Collection, LLC provides products to you pursuant to the terms and conditions of these Terms and Conditions. You recognize, however, that certain third-party providers of ancillary content, software, products or services may require your agreement to additional or different license or other terms prior to your use of or access to such content, software, products or services. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party websites.
As part of the functionality of the SimplyDermatology.com, you may link your account with online accounts you have with third-party service providers (each such account, a “third-party account”) by either: (1) providing your third-party account login information through the SimplyDermatology.com; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through SimplyDermatology.com via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on SimplyDermatology.com and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use SimplyDermatology.com. You can deactivate the connection between SimplyDermatology.com and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Simply Collection, LLC reserves the right to accept or deny shipment to anyone for any reason. Simply Collection, LLC reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Simply Collection, LLC reserves the right to cancel the order, notify the card holder and the proper authorities. A contract between Simply Collection, LLC and you will not be formed until we send you confirmation by email that the merchandise which you ordered have been shipped to you. Only the merchandise indicated in the confirmation email sent at the time of shipping will be included in the contract formed between Simply Collection, LLC and you.
While we try and ensure that all details, descriptions and prices, which appear on SimplyDermatology.com, are accurate, errors may occasionally occur. If we discover an error in the price of any merchandise, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the SimplyDermatology.com. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
User agrees to use SimplyDermatology.com only for lawful purposes. User is prohibited from posting on or transmitting through SimplyDermatology.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If Simply Collection, LLC is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by a User (e.g., through an online review , social media post or blog post), Simply Collection, LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from SimplyDermatology.com. Simply Collection, LLC may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate SimplyDermatology.com; or (iii) to protect the rights or property of Simply Collection, LLC, its Users or Providers.
Simply Collection, LLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, SimplyDermatology.com, the communities that make up SimplyDermatology.com, or any rights of Simply Collection, LLC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Simply Collection, LLC nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Simply Collection, LLC, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on SimplyDermatology.com.
Simply Collection, LLC may terminate User’s access, or suspend User’s access to all or part of SimplyDermatology.com, without notice, for any conduct that Simply Collection, LLC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or Simply Collection, LLC.
Simply Collection, LLC cannot prohibit minors from visiting SimplyDermatology.com. Simply Collection, LLC must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. SIMPLY COLLECTION, LLC REQUIRES THAT ALL PURCHASES BE MADE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. EACH TIME YOU PURCHASE A PRODUCT AT SIMPLYDERMATOLOGY.COM OR ACCESS CONTENT ON SIMPLYDERMATOLOGY.COM, YOU ARE REPRESENTING TO SIMPLY COLLECTION, LLC THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER.
User expressly agrees that use of SimplyDermatology.com is at User’s sole risk. Neither Simply Collection, LLC, its affiliates, nor any of their respective officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that SimplyDermatology.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of SimplyDermatology.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through SimplyDermatology.com.
THIS WEBSITE IS PROVIDED BY SIMPLY COLLECTION, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIMPLY COLLECTION, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. SIMPLY COLLECTION, LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SIMPLY COLLECTION, LLC’S PRODUCTS OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ANY PRODUCT OFFERED BY SIMPLY COLLECTION, LLC IS WARRANTED ONLY TO THE EXTENT OF THE APPLICABLE WARRANTY CONTAINED WITH THE PRODUCT DOCUMENTATION OR ON THE PRODUCT DESCRIPTION PAGE. EXCEPT AS EXPRESSLY STATED HEREIN, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMPLY COLLECTION, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLY COLLECTION, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, ITS PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SIMPLY COLLECTION, LLC, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCE SHALL SIMPLY COLLECTION, LLC OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING SIMPLY COLLECTION, LLC CONTENT, SERVICES OR PRODUCTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE SIMPLYDERMATOLOGY.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SIMPLYDERMATOLOGY.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SIMPLYDERMATOLOGY.COM’S RECORDS, PROGRAMS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SIMPLY COLLECTION, LLC’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM THE USER FOR ANY PRODUCT, CONTENT OR SERVICE PURCHASED THROUGH SIMPLYDERMATOLOGY.COM, AND THE USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS AND SERVICES AVAILABLE THROUGH SIMPLYDERMATOLOGY.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If a dispute ever arises between us, please contact us. If we cannot resolve the matter informally, you and we each agree that any and all disputes or claims that have arisen or may arise between you and us shall be resolved exclusively through final and binding arbitration, rather than in court (“Agreement to Arbitrate”). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms and Conditions. A form for initiating arbitration proceedings is available on the AAA’s website. The arbitration shall be held in the arbitration will take place in New York, New York. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded shall not affect our other Users.
If for any reason, a dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Nassau County, New York, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Conditions.
To the extent permitted by applicable law, any claims arising in connection with the use of these Services or these Terms must be filed within one (1) year of the date of the event giving rise to such action.
The Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of s party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
User agrees to defend, indemnify and hold harmless Simply Collection, LLC, its subsidiaries, affiliates, shareholders, members, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content that you post, store or otherwise transmit on or through SimplyDermatology.com, your conduct, your use or inability to use the website, your breach or alleged breach of the Terms and Conditions or of any representation or warranty contained herein, your unauthorized use of the Content or any product, or your violation of any rights of another.
Simply Collection, LLC reserves the right to modify the terms and conditions of these Terms and Conditions or its policies relating to its products and services at any time, effective upon posting of an updated version of these Terms and Conditions on the www.simplydermatology.com website. User is responsible for regularly reviewing these Terms and Conditions. Continued use of the www. Simplydermatology.com website after any such changes shall constitute User’s consent to such changes. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you hereby waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms and Conditions every time you use our website so that you understand which Terms and Conditions apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Simply Collection, LLC.
The Terms and Conditions, including all documents referenced herein, represent the entire understanding between User and Simply Collection, LLC regarding your relationship with Simply Collection, LLC, and supersede any prior statements or representations. USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS by using the SimplyDermatology.com website. The aforementioned Terms and Conditions are subject to change at any time without notice to User.
Content found on SimplyDermatology.com or through any mobile app or mobile platform is for informational purposes only. We are not responsible for any damage or injury that may result from the products and services provided by Simply Collection, LLC. If you engage in any activities in which you use or utilize the products or services provided by Simply Collection, LLC, you hereby agree that you do so at your own risk and are voluntarily participating in such activities. Simply Collection, LLC cannot and does not ensure your safety. Each User, regardless of experience, has final responsibility for his or her own safety.
For California Users and residents, if any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In any order forms on SimplyDermatology.com or during the checkout process on SimplyDermatology.com when a User selects the “I Accept” option presented on the screen associated therewith, User accepts these online Terms and Conditions, any additional terms on any order forms; “order form(s)” means the form evidencing your purchase from SimplyDermatology.com and any subsequent order forms submitted online or in written form, each such order form to be incorporated into and to become a part of these Terms and Conditions (in the event of any conflict between the terms of these Terms and Conditions and the terms of any such order form, the terms of these Terms and Conditions shall prevail); “Simply Collection, LLC” means collectively Simply Collection, LLC, a limited liability company organized and existing under the laws of the State of New York doing business as “Simply Dermatology” and having an office at 900 Walt Whitman Road, Suite 300, Melville, NY 11747, together with its officers, directors, shareholders, employees, agents and affiliated companies.
Questions or comments about these Terms and Conditions may be directed to Simply Collection, LLC at support_sd@SimplyDermatology.com, or by regular mail to Simply Collection, 900 Walt Whitman Road, Suite 300, Melville, NY 11747.