Terms and Conditions
Please read these Terms and Conditions carefully prior to placing your order. By placing your order, you agree to be bound by these Terms.
1. Purchaser’s Warranty
You, the Purchaser, acknowledge that a you are purchasing a medical device (“Device”) for which a prescription is required, as set forth in the U.S. Code of Federal Regulations, 21 CFR § 801.10, as this Device should be used under the supervision of a practitioner licensed by law to direct the use of such device. You acknowledge and warrant that your purchase of the Device is not for personal use. You warrant that you are purchasing the Device is solely for either:
- retail or wholesale distribution; or
- for use in the course of your professional practice, as a medical practitioner, such as physician, dentist, and/or veterinarian, licensed by law to use or order the use of such Device.
If we, the Seller (“Dermatology LLC”) have reasonable grounds for believing that you have not complied with the above clause, Dermatology LLC may cancel your purchase order and refund any money paid to us in respect of your Order. Dermatology LLC may, at its discretion, charge you a fee to cover its administrative costs.
2. No Medical Advice
Dermatology LLC does not provide medical advice, and is not engaged in rendering medical or similar professional services, and the information provided on Dermatology LLC site is not intended to replace medical advice offered by a health care provider. With limited exception, Devices sold by Dermatology LLC are available only by prescription from a licensed health care practitioner.
3. Indemnification
You hereby indemnify Dermatology LLC, its officers, directors, employees, agents and/or assignees from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms, and/or from your use of the Device that is inconsistent with its indented use and/or instructions for use, and/or prohibited by law.
4. LIMITATION OF LIABILITY
THE DEVICES SOLD BY DERMATOLOGY LLC ARE SUITABLE ONLY FOR THE PURPOSE DESIGNATED AND INTENDED AS DESCRIBED IN THE INSTRUCTIONS FOR USE. THE PURCHASER SHALL ENSURE THE DEVICES ARE HANDLED, STORED AND USED OR OTHERWISE DEALT WITHIN A NORMAL AND PROPER MANNER CONSISTENT WITH THE INSTRUCTIONS FOR USE PROVIDED WITH THE PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DERMATOLOGY LLC BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM THE IMPROPER USE AND/OR STORAGE OF THE DEVICE, INABILITY TO USE THE PURCHASED DEVICE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, OR DEFECT FAILURE OF THE DEVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
5. Compliance with laws
Dermatology LLC represents and warrants that it is in compliance with, and all Devices offered by Dermatology LLC hereunder have been produced or provided in compliance with the applicable provisions of all federal, state, or local laws or ordinances and all related lawful orders, rules and regulations.
6. Confidential or Proprietary
Information Notwithstanding any document marking to the contrary, any knowledge or information that Dermatology LLC has disclosed or may later disclose to you, and which in any way relates to the Devices will not, unless otherwise specifically agreed to in writing by you, be deemed to be confidential or proprietary information, and will be acquired by you, free from any restrictions. Dermatology LLC will keep confidential any information supplied by you and will not divulge, export, or use, directly or indirectly, such information for the benefit of any other party without obtaining your prior written consent.
7. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
8. Entire Agreement.
These Terms and Conditions, constitute the entire agreement between you and Dermatology LLC and supersede all prior agreements and understandings with respect to the same.
9. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of Florida, and you submit to the exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.
By checking the checkbox, you agree to the above Terms and Conditions.
“I agree to the Terms and Conditions”
