Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEBSITE”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

The Website is owned and offered by Beniley inc. doing business as DermAMORfosis (“Beniley”) to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (“Terms of Use”). Access and use of the Website is subject to these Terms of Use and all applicable laws, statutes, and regulations. Beniley may revise these Terms of Use from time to time without further notice by updating this posting. Continued access to the Website by you will constitute your acceptance of these Terms of Use and any applicable revisions.

The Website has been approved to provide general information about DermAMORfosis (“DermAMORfosis”), a brand owned by Beniley, and its business and to offer the opportunity to purchase DermAMORfosis products. The information provided at the Website is not intended to provide medical advice. You should not construe DermAMORfosis’s publication of any content on the Website as any warranty or guarantee of any strategy, recommendation, treatment, action or application of any product. Users of the Website should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease.

The Website contains information about products and therapies authorized in the United States, and is intended for a United States audience. If you live outside the United States, you may see information on the Website about products or therapies that may not be available or authorized in your country.

It is the policy of Beniley to enforce its intellectual property rights to the fullest extent permitted under law. The entire contents of the Website, including but not limited to any associated text, software, photos, video, graphics, audio and other materials, are protected by international copyright and trademark laws. Beniley owns or licenses the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, trade dress and products on the Website (“Content”). Except for accessing the Website in accordance with these Terms of Use for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without the express written permission of Beniley or, in the case of content licensed by Beniley from third parties, the entity that is credited as the copyright holder of such licensed content. Except as set forth above, nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without the written permission of Beniley. Any and all rights not expressly granted herein are reserved by Beniley. The Website and the information contained and referenced herein are for informational purposes only. Request for permission to reproduce any information contained on the Website should be addressed to Beniley at the address listed on our website.

You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the Website or any Content to any country or otherwise use the Website or any Content in violation of any applicable export or other laws and regulations of the U.S. or any other country.

You agree not to use the Website or the Content to: (i) restrict or inhibit others from using and enjoying the Website; (ii) gain unauthorized access to other accounts on the Website, or other computer systems or networks; (iii) store, collect or disclose any information except as strictly necessary to use the Website; or (iv) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You agree not to use the Website or the Content to transmit or upload: (i) unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation; (iii) any material that violates or infringes the rights of third parties; (iv) any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent. Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Website. You, and not Beniley, shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to the Website. Beniley shall have the right, but not the obligation, to monitor or review your conduct on the Website. While Beniley is pleased to receive feedback, comments and ideas from visitors to the Website, any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Please read the Privacy Policy before submitting personal information to Beniley. Your submission of personal information to Beniley constitutes your acceptance of all the terms of the Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant Beniley an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Beniley is free to use them for any purpose.

In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”). If Beniley suspects that your Registration Data is inaccurate or incomplete, Beniley may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website.

THIS WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BENILEY AND ITS SUBSIDIARIES AND AFFILIATES (A) MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (I) REGARDING THE WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE; OR (II) THAT THE MATERIALS ON THIS WEBSITE CONFORM TO YOUR LOCAL LAWS (IF YOU ARE ACCESSING THIS WEB SITE FROM A LOCATION OUTSIDE FLORIDA, YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS); (B) HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING ANY OF THE FOREGOING, BENILEY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. BENILEY MAY CHANGE THE WEBSITE AT ANY TIME, INCLUDING WITHOUT LIMITATION TO THE PRODUCTS AND PRICES DESCRIBED IN THE SITE, BUT DOES NOT ASSUME ANY RESPONSIBILITY TO UPDATE IT.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW , BENILEY SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF BENILEY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE WEBSITE, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST BENILEY RELATED TO THE WEBSITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.

You shall indemnify, defend and hold harmless Beniley, its officers, directors, members, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms of Use. Beniley shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Beniley.

The law of the state of Florida shall govern these Terms of Use, without reference to its choice of law rules. Beniley reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Website.

DELIVERY & TIMING POLICY

Beniley requires an active, valid billing phone number and may require phone authorization for all online orders over $1,000. Beniley reserves the right to hold processing for any orders that have not received order authorization confirmation. Beniley reserves the right to hold processing until order information is confirmed for any and all orders if a valid billing & shipping telephone has not been provided.

Copyright 2017 © Beniely Inc. All Rights Reserved All products are shipped and set for delivery within six business days of the Order Date.