BrandMD– General Terms and Conditions Please read our BrandMD General Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern your access, use and orders placed at www.brandMD.com, its mobile sites and applications (collectively, the “Site”) as well as the provision and sale of products and services by brandMD and/or its affiliates (including but not limited to Private Label Skin Care Inc.) and/or its fulfillment providers, as the context may require (“Private Label Skin Care Inc.”, “BrandMD”, “we”, “us” or “our”). By placing an order with Private Label Skin Care Inc. DBA BrandMD, you agree to be unconditionally bound by these Terms and Conditions in the version valid at the time of ordering.
Our Terms and Conditions shall also govern the use of and apply to each and every offer and agreement entered into between BrandMD and a customer through any of its separate sites that are accessible through the tabs in the Site-header, insofar we have not explicitly deviated from the present Terms and Conditions.
Regulatory Compliance
1. Acceptance of Terms: By utilizing brandMD Skin Care's private label services, hereinafter referred to as "Services," you, the customer, agree to comply with and be bound by the following Terms and Conditions. These Terms and Conditions constitute a legally binding agreement between you and brandMD.
2. Private Label Services: brandMD Skin Care offers private label services for skin care products. This includes the creation and production of custom labels for the products based on the designs approved by the customer. The customer acknowledges that brandMD Skin Care is not responsible for the compliance of the labels and claims with applicable regulations and laws, including but not limited to FDA 21 CFR 201.66, the Federal Food, Drug, and Cosmetic Act (FD&C Act), Fair Packaging and Labeling Act (FP&L Act) 15 USC Ch. 39, 16 CFR Chapter 1 Subchapter E, and standardized labeling content and format requirements set forth in 21 CFR 201.66.
3. Customer Responsibilities: The customer is solely responsible for ensuring that the label designs and any claims made comply with all applicable laws and regulations. This includes but is not limited to compliance with FDA 21 CFR 201.66, the FD&C Act, FP&L Act, 15 USC Ch. 39, 16 CFR Chapter 1 Subchapter E, and standardized labeling content and format requirements set forth in 21 CFR 201.66. The customer agrees to bear any costs associated with label compliance, including but not limited to any product label registration required by law.
4. Indemnification: The customer agrees to indemnify, defend, and hold brandMD Skin Care, its officers, directors, employees, and agents harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any third-party claims related to the customer's use of the Services, including but not limited to claims arising from non-compliance with applicable laws and regulations.
5. Liability Release: The customer releases brandMD Skin Care from any liability, claims, damages, or losses arising from the designs created and approved by the customer for use in the private label products. brandMD Skin Care shall not be held responsible for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the Services.
6. Intellectual Property: brandMD Skin Care retains all rights, title, and interest in any intellectual property. The customer retains all rights, title, and interest in any intellectual property, for its trademarks, logos, and designs, used or created in connection with the Services. The customer shall not reproduce, distribute, or modify any such intellectual property without prior written consent from brandMD Skin Care.
7. Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Los Angles, California in which brandMD Skin Care operates. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
8. Severability: If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9. Entire Agreement: These Terms and Conditions constitute the entire agreement between the customer and brandMD Skin Care regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, and representations, whether oral or written.
By engaging in the private label services provided by brandMD Skin Care, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
Design Services Terms of Use
These Design Services Terms of Use ("Design Services ToU" or "Terms of Use") establish the terms under which BrandMD Netherlands B.V. offers and performs its classic design, logo DIY and any other creative services project (collectively, the “Design Services”). BrandMD´s General Terms and Conditions ("Terms and Conditions") are incorporated by reference into and made a part of these Design Services ToU, except to the limited extent that any such Terms and Conditions are expressly modified below.
By directly or indirectly requesting a Design Services project from BrandMD, you agree to be bound by these Design Services ToU. Please read them, including BrandMD´s Terms and Conditions incorporated herein, carefully. BrandMD reserves the right to make changes to these Design Services ToU and to the Design Services as provided on this Site at any time without prior notice. You should review these Design Services ToU, and the incorporated Terms and Conditions, each time you make use of our Design Services.
Designs If you upload, email, link (directly or indirectly) or otherwise refer BrandMD to any text, images, designs, or other content for incorporation into your Design Services project, you unconditionally guarantee, represent and warrant that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that BrandMD’s provision of Design Services will not infringe any trademark, copyright, or other right of any other party.
The Designs (defined in our Terms and Conditions to include designs, written copy and/or logos) prepared by BrandMD for you as part of your Design Services project may have similarities to Designs prepared by BrandMD for other parties. You are obtaining no right or claim of any kind to any individual Design (or any element thereof) provided by BrandMD, and BrandMD reserves the right to use the same or similar Design or elements thereof in other Design Services projects or otherwise for other parties in the future. Except for the specific Design Services project content provided to BrandMD by you, all rights in all Design Services work product, including without limitation both final Designs and all interim and draft Designs, are retained by BrandMD.
Requirements BrandMD reserves the right, in BrandMD’s sole discretion, to refuse to accept any Design Services project or to terminate any Design Services project prior to completion at any time and for any reason. You agree that BrandMD shall have no liability of any kind to you or to any third party arising from such refusal or termination.
BrandMD reserves the right to use any Designs and/or your finished Design Services project products as sample work for advertising and promotional purposes and for internal purposes.
Projects may be cancelled within 10 days of the initial Designs being completed by the BrandMD Design Services team and placed in your BrandMD account. If you do not cancel your Design Services project within such 10-day period, you will be deemed to have accepted such Designs, and all amounts paid or payable by you for the Design Services project will be non-refundable.
It is your responsibility to provide images, or other content if needed to complete the project. You must contact BrandMD with any changes, updates, or enhancements to the project you are requesting starting from date of sale.
You must call the BrandMD Customer Care team at (818) 534-3180 for any requests to cancel services.
Damages and Liabilities BrandMD disclaims and shall not be liable for any loss, injury, cost or damage suffered by customer or any third party, and shall in no event be liable for consequential, special, or indirect or incidental damages (including without limitation, damages for loss of business profits, business interruption, or loss of data), arising out of or in any way connected with the use of the Designs and any information available on or related to such Designs, and the delay or inability to use the BrandMD site or any information, in each case even if BrandMD has been advised of the possibility of such damages.
BrandMD provides no warranty of any kind that any Design will not infringe, or be subject to a claim of infringing, any trademark rights, copyrights or any other (intellectual property) rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any such Design is legally available for your use and does not infringe the rights of another party.
All delivery times are estimates only, and BrandMD is not responsible for any late Design Services projects and/or impact to customer’s business due to a late project and/or printing.
1. Applicability 1.1. By accessing or using this Site and its related software tools, applications or any other BrandMD service, you agree to be bound by the terms of our Privacy and Cookie Policy, the Product-Specific Terms and the following General Terms and Conditions (collectively, the “BrandMD Terms”) and to any additional terms (such as but not limited to those listed above), policies, guidelines, restrictions or rules that may be posted in connection with specific sections or services of this Site (collectively, the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into the agreement entered into by BrandMD and you, the customer, at the time you access or use the corresponding section, service or feature, or have otherwise agreed to their applicability. These BrandMD Terms and any Additional Terms that you have agreed to, make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations and understandings.
1.2. If you use this Site on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these BrandMD Terms on its behalf and to bind such business, organization or entity to these BrandMD Terms.
1.3. Every offer of a BrandMD product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our BrandMD Terms.
1.4. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if BrandMD has not specifically rejected them.
1.5. These BrandMD Terms and Additional Terms are not applicable to orders of a product or a service which are not from BrandMD directly but from a third party. This can be any of BrandMD´s affiliates, a reseller or a service provider we have partnered with. In such cases, the terms you have separately agreed upon with this third party, will apply.
1.6. BrandMD reserves the right to make changes to this Site and to these BrandMD Terms at any time without prior notice. You should review these BrandMD Terms each time you access this Site.
2. Your Account 2.1. Before you can place an order online or use certain services or features offered on this Site, you will need a brandMD account.
2.2. The customer will at all times be responsible for each and every use of its account. You agree to protect your log-in credentials such as your password and control any access to your account, especially when you have granted another person in your business or household access rights to your account or otherwise permit them to use your account with the purpose to place an order on your behalf. You agree that you will be responsible for all orders placed or other actions that are taken through your account.
3. Terms of Sale All our offers and promotions are without any obligation and subject to availability and confirmation of the order. BrandMD reserves the right to reject any order without the obligation to assign any reason. An agreement between you and BrandMD is subject to our acceptance of the order and will be formed when you receive the order confirmation by email.
4. Materials for Limited Use 4.1. This Site contains graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content belonging to other users through embedded feed from social media platforms, stock images and footage from stock providers and other information (“Content”). This Site and all its Content are the intellectual property of BrandMD or the intellectual property of parties from whom BrandMD has licensed such property. All rights in this Site and its Content are reserved worldwide.
4.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these BrandMD Terms.
4.3. BrandMD reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice. Any modifications to our Content, whether by you or BrandMD, remain the property of BrandMD and its licensors.
4.4. The design tools and services provided on this Site (including, for example, product and logo design tools and services) employ various design elements, including product templates, images, fonts, color schemes, graphics, illustrations, logos, photos and design effects. BrandMD reserves the right to use all such design elements and to make all such design elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other BrandMD customers may use the design tools and services to create Designs (defined herein to include designs, written copy and/or logos) that have similar or identical combinations of design elements to your Design and BrandMD does not guarantee that your Design will not have similarities to Designs created and used by other parties. In the event that you create a Design that is a derivative work based on or incorporating design elements and/or other Content, all rights in and to such design elements or Content shall continue to be owned by BrandMD or its licensors.
4.5. BrandMD provides no warranty of any kind that a Design you create while using the design tools and services on our Site possibly together with our Content, will not infringe, or be subject to a claim of infringing, any trademarks or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the Design is legally available for your particular use and does not infringe the rights of another party. You are solely responsible for determining whether a license or other additional rights are required in connection with the intended use of your Design and for obtaining such additional rights.
5. Use of our Site and its Content 5.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating and ordering products or services solely through BrandMD (referred to herein as “Products”), unless such use involving a third party is expressly permitted by applicable law or provided for in these BrandMD Terms. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Products from BrandMD does not entitle you to use any portion of our Content apart from the finished Products as they are supplied to you by BrandMD.
5.2. You agree to use this Site in a responsible manner that is in full compliance with these BrandMD Terms and with your local laws and regulations, including export and import regulations.
5.3. The customer represents and warrants that at all times it has complied and shall comply with all applicable restrictions arising out of any and all relevant sanctions and export and trade controls legislation, regulations or orders of the United Nations, the European Union and its Member States, Norway, Switzerland, the United Kingdom, the United States of America, and any other country whose laws, regulations or orders apply to the parties involved or activities covered or contemplated by these BrandMD Terms (collectively, the “Trade Laws”) and that it shall also refrain from performing any activity or omitting to perform an activity that will expose Cimpress plc or any of its subsidiaries, affiliates and other companies controlled by the same person or entity as Cimpress plc (including, without limitation, the legal entity or entities specifically identified in these BrandMD Terms) to breaching Trade Laws or any enforcement action or restrictive measures under the same.
5.4. The customer further represents and warrants that it is not: (a) designated or otherwise sanctioned under, nor is it ultimately owned (as to 50% or more of its shares or voting rights) or controlled by, or acting on behalf of, any party designated or otherwise sanctioned under, Trade Laws; or (b) ordinarily resident, organized or located in, nor will transfer directly or indirectly any Products received under these BrandMD Terms to: Cuba, Iran, North Korea, Syria, the Crimea region (including Sevastopol), the so-called Donetsk People's Republic (DNR) or the so-called Luhansk People's Republic (LNR).
6. Restrictions on Use 6.1. Without limitation, no portion of our Content may be utilized: a) to sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the rights granted to you under these BrandMD Terms; b) in such a manner as to convey or obtain exclusive rights to any Content or part thereof; c) for any unlawful or discriminatory purpose or use; d) for any use that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable; e) to create, order, publish and/or distribute any Design, Product or other type of information that we determine, in our sole discretion, to contain any content that violates the above Section 6.1.d) or otherwise, in our sole discretion, is materially false, inaccurate or misleading in a way that could deceive or confuse others about important events, topics or circumstances; f) to violate any person’s right of privacy or publicity; g) to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity; h) to cause or allow any Design to appear on more than 500,000 printed Products or to be incorporated into a television program, video or other digital production if the audience is expected to be greater than 500,000 viewers, in total; i) for any use that would reasonably imply that BrandMD, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic, conspiracy or other opinion-based movements or parties; j) in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment; or k) that in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations.
6.2. For the avoidance of doubt, no Content or portion thereof may be used on its own as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your Product or Design arise from and are limited to your distinctive combination of our Content with other visual design elements provided or created by you. You agree and acknowledge that others may use similar portions of our Content for similar goods and services.
6.3. BrandMD reserves the right, in its sole discretion, to refuse to accept any content provided by you to BrandMD or to refuse to process or fulfill any order at any time and for any reason. BrandMD further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time and for any reason, including, without limitation, your violation of the BrandMD Terms and/or Additional Terms, your use of the Site and/or our products and services for inappropriate purposes or you having engaged in undesirable activities, in each case as determined by BrandMD in its sole discretion. This action is entirely at BrandMD´s discretion and no correspondence will be entered into. You agree that BrandMD shall have no liability of any kind to you or to any third party arising from such refusal, suspension or termination.
6.4. By placing an order on this Site, you represent and warrant that you have all the necessary permissions, rights and authority to place the order and you authorize BrandMD to produce the Products on your behalf. You grant BrandMD the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you represent and warrant that you have sufficient rights to permit BrandMD to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
7. Delivery, Title and Risk 7.1. BrandMD will deliver the Products at the address specified in the order confirmation, provided that all applicable payments have been received in full by their appropriate due date, using BrandMD´s standard methods for packaging and in accordance with the customer´s chosen delivery option. Any lead time given is estimated.
7.2. BrandMD may, at its discretion, deliver the Products in whole or by instalments in any sequence or deliver the Products prior to the date of delivery, and in such event, the customer must not refuse to take delivery of the Products. Where the Products are delivered in instalments or part deliveries, each instalment or part delivery shall be invoiced separately if such an invoicing process is put in place and be deemed to be a separate sale agreement between BrandMD and the customer. Any delay in delivery or defect in an instalment or part delivery shall not entitle the customer to cancel any other instalment or terminate the entire sale agreement.
7.3. The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier.
7.4. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
7.5. The customer is responsible to fully inspect all Products carefully and immediately upon arrival, and declare any and all defects, non-conformances or damages, immediately through the proof of delivery or collection acceptance documentation when the Products have been shipped under such Proof of Delivery (POD) or similar type of service. A description of the alleged defect, non-performance or damage must be given in writing at the time of delivery and signed by or on behalf of the customer. If such a proof of delivery service was not included with the chosen delivery method, the customer shall be deemed to have inspected the Products as soon as reasonably practicable after delivery. The customer must notify BrandMD, by contacting its Customer Care team either in writing (including by email) or by telephone, about any alleged defects, non-conformances or damages within 14 days after receipt of the Products. Failure of customer to timely notify BrandMD after receipt as indicated in this section voids the Product warranty and/or Satisfaction Guarantee. In the event the order was placed by a consumer, meaning a physical person who purchased the Product for use not related to a business, entrepreneurial or professional activity, the aforesaid notice period is extended to 2 months and will start on the day the alleged damages or defects are discovered or should reasonably be discovered when the order was timely inspected upon receipt.
8. Indemnification You agree that you shall indemnify BrandMD and all parties from whom BrandMD has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these BrandMD Terms; (ii) any suit, claim or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to BrandMD or incorporated into a Product; (iii) any suit, claim or demand arising from or related to any third-party products and/or services we offer on our Site whether or not used for or in connection with a Product you have ordered on our Site. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
9. Disclaimer of Warranty_ 9.1. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
9.2. You acknowledge that there are risks in using products or services provided by third parties (such as a BrandMD´ affiliate or one of our partners) through this Site or in connection with our Products, and that BrandMD cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by this third party, breach of warranty or contract, violation of rights, and any consequent claims.
9.3. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these BrandMD Terms alter those consumer guarantees if it is illegal for BrandMD to do so. If those consumer guarantees apply to you, and BrandMD cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, BrandMD: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of BrandMD to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
9.4. BrandMD’s Satisfaction Guarantee is valid for 10 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond BrandMD's control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the Product or Design creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. BrandMD does not proof documents created by its customers prior to processing.
9.5. Notwithstanding the foregoing, BrandMD shall have no obligations under any warranties, consumer guarantees or the aforementioned Satisfaction Guarantee, if the alleged defect, non-conformance or damage is found to have occurred as a result of misuse, use other than as set forth in the applicable user manual or instructions for use, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling or if the usability is impaired only slightly.
9.6. Any granted Product warranty and/or Satisfaction Guarantee hereunder, shall extend directly to customer only and not to customer´s customers, agents or representatives. BrandMD does not give any warranty of fitness for a particular purpose, merchantability or non-infringement of intellectual property rights.
10. LIMITATION OF LIABILITY IN NO EVENT SHALL BRANDMD OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BRANDMD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM BRANDMD, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH BRANDMD´S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL BRANDMD BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Site Feedback Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to BrandMD in connection with the operation of this Site including its content or any of our offered and/or supplied Products, shall be provided by the submitter and received by BrandMD on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of BrandMD. By submitting any such information to BrandMD, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that BrandMD shall be free to use such information on an unrestricted basis.
12. Privacy and our Use of Cookies BrandMD has set out in its Privacy and Cookie Policy how we collect, use, disclose, store and protect the information that you submit to us during the use of our Site. This Privacy and Cookie Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.
13. Miscellaneous You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
14. Governing Law, Jurisdiction and Dispute Resolution 14.1. The party you are contracting with and the seller of the products and services offered and sold on this Site is BrandMD Netherlands B.V., a private company with limited liability incorporated under the laws of the Netherlands.
14.2. All issues related to the protection, infringement or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the State of New York without giving effect to any choice of conflict of law provision, principle or rule (whether of the State of New York or any other jurisdiction). You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these BrandMD Terms.
14.3. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in a state or federal court located in Los Angeles County, California. You agree to submit to the jurisdiction of the courts located in Los Angeles County, California and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving BrandMD, that a court sitting in Los Angeles County, California is an inconvenient forum for such legal action or proceeding.
14.4. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law BrandMD, and BrandMD's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
14.5. We recognise that in some countries, you might have legal rights as a consumer. If you are using the Site´s services or order a Product for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
14.6. The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be accessed here: http://ec.europa.eu/odr. We are not willing to enter into a dispute resolution proceeding before the SGC (the Dutch Foundation for Consumer Complaints Boards).