Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the www.hillderm.com website (the “Site”) operated by Hill Dermaceuticals, Inc. (“us”, “we”, or “our”).
Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Site.
By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Site and we request that you please stop using the Site.
These Terms and Conditions were last updated on August 15th, 2018.
COMMUNICATIONS
By creating an account on our Site, you may agree to subscribe to and receive newsletters, marketing or promotional materials, and other information we may send. You may opt out of receiving any, or all, of these communications at any time by following the unsubscribe link provided in any communication we send, or by going to the preference section of your account and electing to opt out of future communications. Please allow up to 10 days for the removal of your information from communications, as many are created in advance of distribution.
PURCHASES
If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card or other payment method in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
The Site may and does employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if abuse, fraud, or an unauthorized or illegal transaction is suspected.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other websites. The information found on the Site may contain errors or inaccuracies and may not be complete or current.
Products or services may be mis-priced, described inaccurately, or unavailable on the Site, and we cannot guarantee the accuracy or completeness of any information found on the Site.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
USER CONTENT
Our Site may allow you to post, link, store, comment, share and otherwise make available certain information, text, graphics, photos, images, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness.
By posting User Content on or through the Site, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) all of the User Content you contribute does and will comply with these Terms and Conditions. User Content must comply in its entirety with all applicable federal, state, local, and international laws and regulations. We reserve the right to terminate the account of anyone found to be infringing on a copyright or other applicable laws. User Content also must not be defamatory, obscene, threatening, or offensive ; promote any illegal activity; cause annoyance, inconvenience, or needless anxiety to another person; impersonate any person or misrepresent your identity; or involve commercial activities or sales, such as advertising.
You retain any and all of your rights to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Site. By posting User Content using the Site you grant us an indefinite, irrevocable, royalty-free, non-exclusive license and right, but not the obligation, to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Site and/or our Promotions (“Content Use License”). You agree that such Content Use License includes the right for us to make your User Content available to other users of the Site, who may also use your User Content subject to these Terms.
We have the right, but not the obligation, to monitor and edit all User Content provided by users.
In addition, User Content found on or through this Site is the property of Hill Dermaceuticals, Inc. or used with the Content Use License. You may not distribute, modify, transmit, reuse, download, re-post, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us, other than User Content which you have posted to the Site.
ACCOUNTS
When you create an account with us, you guarantee that you are above the age of 18, or if you are under 18, but at least 13, that your account has been created with the approval and assistance of a parent or legal guardian. You further guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site and/or the delay in fulfillment, cancellation, or forfeiture of any Purchase made through the Site.
You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, or cancel orders in our sole discretion.
INTELLECTUAL PROPERTY
The Site and its original content (excluding User Content provided by users), features, and functionality are and will remain the exclusive property of Hill Dermaceuticals, Inc. and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hill Dermaceuticals, Inc. These Terms and Conditions permit you to use the Site for your personal, non-commercial use only.
LINKS TO THIS WEBSITE
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice.
LINKS TO OTHER WEB SITES
Our Site may contain links to third party websites or services that are not owned or controlled by Hill Dermaceuticals, Inc.
Hill Dermaceuticals, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. If you decide to access any of the third-party websites linked to from this Site, you do so entirely at your own risk and subject to the separate terms and conditions for such websites.
You acknowledge and agree that Hill Dermaceuticals, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
TERMINATION
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Hill Dermaceuticals, Inc. and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Site, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) your User Content posted on the Site.
LIMITATION OF LIABILITY
In no event shall Hill Dermaceuticals, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER
Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or data due to your use of the Site or any services obtained through the Site.
Hill Dermaceuticals, Inc. its subsidiaries, affiliates, and its licensors do not warrant that (i) the Site will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Site is free of viruses or other harmful components; or (iv) the results of using the Site will meet your requirements.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
GEOGRPAHIC RESTRICTIONS
The owner of the Site is based in the state of Florida in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
ARBITRATION
At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms and Conditions or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Site.
LIMITATIONS ON TIME TO FILE CLIAMS
Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or the Site must be commenced within ONE (1) YEAR after the cause of action accrues. Otherwise, such action or claim is permanently barred.
WAIVER AND SEVERABILITY
No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
CONTACT US
If you have any questions about these Terms, please contact us:
| By telephone | 1-800-344-5707 or 407-323-1887
Monday through Friday from 8:30am to 4:30pm EST |
| By Email | contact@hillderm.com |
| By Mail | Hill Dermaceuticals, Inc.
2650 S. Mellonville Ave Sanford, FL 32773 |
| Online | http://www.hillderm.com/contact |
