Terms of Use

IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS AGREEMENT AND YOUR USE OF OUR SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

We’ve drafted these Terms so you’ll know the rules that govern our relationship with you. These Terms form a legally binding contract between you and NueDerma™, so please read them carefully. By accessing or using the Services in any manner, including, but not limited to, visiting or browsing our websites, downloading any mobile applications, registering an account, or contributing content or other materials to the Services, you expressly understand, acknowledge and agree to be bound by these Terms. If you do not agree with them, then you should not use the Services.

1. THE TERMS AND ACCEPTANCE OF TERMS

NueDerma™. welcomes you to the NueDerma™ web site (the “Site”). NueDerma™ maintains the Site for your personal enjoyment, information, education and shopping convenience. The following Terms & Conditions (“Terms”) govern all use of our Site, any mobile applications (“Apps”), any loyalty rewards program, and any other websites, pages, features, or content (collectively, including the Site and Apps, the “Services”) owned and operated by NueDerma™ that direct to these Terms. Please note that our Services are not intended for use by children under the age of 16 years old.

The Services are owned and operated by NueDerma™, its affiliates, or its subsidiaries (together, “NueDerma™,” “we,” “us” or “our”) and are offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, and procedures. These Terms directly incorporate our Global Privacy Notice (taken together with these Terms, the “Agreement”), available at https://nuederma.com/pages/privacy-policy, which further discusses our collection and processing of personal information.

If you do not feel comfortable with any part of our Terms or Privacy Policy, please discontinue use of the Services or engaging with NueDerma™ immediately.

1.1 Updates to the Terms. We reserve the right to modify the Terms, at any time, in our sole discretion. The revised Terms will be effective on or after the posted date. If we make a material change to the Terms, we will provide you with notice of the revised Terms. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Services, or another manner. If any change to the Terms is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the Terms have changed, NueDerma™ will treat your use as acceptance of the updated Terms. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.

1.2 Limits on Use. Some uses are not permitted for users of NueDerma™’s Site and Services. You may only download material displayed on the Services for non-commercial, personal use—provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, “frame” or use the content of the Services including the art, text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of NueDerma™. It is strictly prohibited to download the images of the products for sale within this Site. Tampering with the Services, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Services is prohibited. .

1.3 NueDerma™ Privacy Policies. Please review our Global Privacy Notice, which also governs your visit to the Site, for details about what personal information we collect, why we collect the information and your rights in relation to your information..

When you use our Services, including providing any information by placing orders through the Services, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary. .

1.4 Entire Agreement. These Terms, and any other legal notices published on the Services, shall constitute the entire agreement (the “Agreement”) between you and NueDerma™ concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. In construing or interpreting the Terms & Conditions, headings are for convenience only, and not to be considered..

1.5 Severability. If any provision of the Terms is found to be unenforceable or unlawful by a court of competent jurisdiction, then that provision shall be deemed severable and not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect..

1.6 No Waiver of Any Terms. No waiver of any term shall be deemed a further or continuing waiver of such term or of any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of that right or provision.

2. NueDerma™ PRODUCTS

NueDerma™’s products can be ordered and delivered worldwide. To see where NueDerma™ currently delivers its products, click the flag in the upper-right corner of NueDerma™’s homepage to change your shipping country or unit of currency. Prices can also be displayed in the user’s home currency by making this selection. Please note that Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by NueDerma™.

2.1 Not Evaluated by the U.S. FDA. All material and information presented by NueDerma™ is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through NueDerma™ are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from NueDerma™ it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

2.2 Products to be Used in Accordance with Their Instructions. All products should be used only in accordance with their instructions, precautions and guidelines. You should always check a product’s ingredients before application to avoid potential allergic reactions.

2.3 No Provision of Medical Advice. Use of the Site is not meant to serve as a substitute for professional medical advice. NueDerma™ is solely an online store for prestige cosmetics. Please consult with your physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. NueDerma™ does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. NueDerma™ does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

2.4 No Sale or Resale. The products available on the Site, including any samples we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from NueDerma™. NueDerma™ reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by NueDerma™ in its sole discretion. Except where prohibited by law, NueDerma™ may limit the number of products available for purchase.

3. PRICING AND AVAILABILITY, RIGHTS OF REVOCATION, AND REFUNDS

3.1 Pricing and Revocation of Offers. Prices and availability are subject to change without notice. Errors will be corrected where discovered, and NueDerma™ reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). NueDerma™ may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Site account, credit card, and also orders, which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur.

3.2 Refunds. For information about shipping and returns, and shipping costs please consult NueDerma™’s Shipping & Returns policy This Shipping & Returns policy is directly incorporated into the Terms. For domestic customers, there will be a pre-paid label included in your shipment, and you will receive a refund only for the items returned. For international customers, shipping costs associated with the return will not be reimbursed, and you will receive a refund only for the items returned. 

4. NueDerma™ MOBILE PROGRAM

NueDerma™ offers, or may offer in the future, various single-message mobile services (collectively, the “Mobile Program”). For example, you may receive a link for texting a short code to an identified number, or NueDerma™ may offer a discount on your order when you enter your mobile number and consent to receive automated promotional and marketing messages. By sending a mobile message to participate in the Mobile Program, by sharing your mobile number with the Mobile Program for the purposes of receiving messages from the Mobile Program, or by otherwise using or participating in the Mobile Program, you agree to these Mobile Messaging Terms and Conditions. Furthermore, by sending a mobile message to participate in the Mobile Program, or by otherwise using or participating in the Mobile Program, you consent to the collection, use and disclosure of your personal information in accordance with our Messaging Privacy Policy and our Global Privacy Notice. Please note that messaging and data rates apply.

4.1 Assistance. You may text HELP to or call 818.588.4935 at any time if you require assistance with the Mobile Program. Alternatively, you may email us at iinfo@NueDerma.com or call 818.588.4935. When emailing or calling for support, please be sure to include your mobile number and a detailed description of your question or support issue.

4.2 Opting Out. To cancel your participation in the Mobile Program, text STOP to or call 818.588.4935 at any time. Alternatively, you may send an email with your mobile number and the subject “STOP” to: iinfo@NueDerma.com or call 818.588.4935 to be removed from any future alerts or offers. Your participation in the program will then cease and we will endeavor to send you no further messages.

4.3 Prohibited Activities. When you participate in the Mobile Program, you agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or contains hate speech. You acknowledge that NueDerma™ may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in its sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these Mobile Program Terms. By participating in the Mobile Program from a mobile telephone number, you are representing to NueDerma™ that the mobile number from which you have used is one for which you are authorized to provide consent to receive mobile messages from NueDerma™. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary short codes to NueDerma™ in order to stop future messages from being sent to that number.

4.4. Miscommunication. NueDerma™ is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Mobile Program for each mobile message sent. NueDerma™ reserves the right, in its sole discretion, to cancel or suspend any or all of its Mobile Program, in whole or in part, for any reason, with or without notice to you.

5. USER GENERATED CONTENT

When you post content that you have created (“User Generated Content”) using our Site or Services, you acknowledge that your posts are public, for everyone to see, use, copy, and share. Please only post content that a) you have the right to post, b) does not violate anyone else’s rights, and c) is fair and truthful. Though you own your User Generated Content, even after you share it to our Services, by sharing it you are granting a non-exclusive license to it, which means we might use it in places like marketing materials.

 

By posting content to NueDerma™, you represent and warrant that:

  • You understand you are participating in a public forum and that your User Generated Content and other personal information will be available to all other users of NueDerma™ Services;

  • You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to use all intellectual property and other rights to enable inclusion and use of the content in the manner allowed by these Terms);You understand that your content may be utilized and distributed by NueDerma™ in its marketing materials;

  • You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free products) or any other incentive (like entering a sweepstakes, or even receiving a coupon) in exchange for posting content (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in the same post. All disclosures must be made clearly and conspicuously;

  • All “moral rights” that you may have in such content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the content that you submit, or any derivative works of or upgrades or updates thereto

  • All content that you post is accurate;

  • You are at least 16 years old and, if you are a minor, you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms;

  • The content you supply does not violate these Terms and will not cause injury to any person or entity.

You also represent and warrant that any content you submit:

  • Is not false, inaccurate or misleading;

  • Does not harm minors;

  • Does not elicit or provide medical advice;

  • Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

  • Does not violate any obligations you may have with respect to such content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

  • Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;

  • Is relevant to the product being rated and reviewed or about which a question or answer is submitted;

  • Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

  • Complies in all respects with these Terms & Conditions, our Global Privacy Notice and all any other posted guidelines and rules;

  • Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and

  • Does not impersonate any person or entity, including, without limitation, any NueDerma™ employee, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the Services to collect or store personal information about other users.

NueDerma™ does not endorse any content, or any opinion, recommendation or advice expressed therein, and NueDerma™ disclaims all liability with respect to the content posted by third parties.

6. INTELLECTUAL PROPERTY AND OWNERSHIP; EXPORT CONTROLS

6.1 NueDerma™ Proprietary material. Content included on or comprising the Services, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material, excluding User Generated Content (collectively “Proprietary Material”) are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Proprietary Material is copyrighted as a collective work under the U.S. and international copyright laws, and NueDerma™ owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Proprietary Material. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Proprietary Material, in whole or in part. Modification of the materials appearing on the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

6.2 Logos and Trademarks. The NueDerma™ logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by NueDerma™ and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

6.3 Do Not Share Confidential or Proprietary Information on the Site. NueDerma™ does not want to receive confidential, proprietary or trade secret information through the Services (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to the Services will be deemed non-confidential, and, by submitting any such information, you are granting NueDerma™ an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. We will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or are otherwise required by law to do so.

6.4 U.S. Export Controls. Certain software from the Services may be further subject to United States Export Controls. No such software from this site may be downloaded or exported contrary to any such laws, which may include prohibitions against download or export 1) into (or to a national or resident of) Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you agree to abide by the laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act applicable to such download or use and not to transfer, by electronic transmission or otherwise, any content derived from NueDerma™ to either a foreign national or a foreign destination in violation of any such laws.

6.5 Claims Regarding Copyright Infringement. NueDerma™ respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User content or other content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, and if multiple copyrighted works are to be covered by a single notification, a list of such works;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Please also provide information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and your email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

Please note that if you fail to comply with all of the requirements set forth above, your DMCA notification may not be effective. 

After receiving an effective notification of claimed infringement, we will process and investigate the claim and, if appropriate, act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps promptly to notify the uploading user that the material has been removed or disabled at your request.

This notification process does not limit NueDerma™’s ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.

6.6 Account Termination. It is our policy to terminate, in appropriate circumstances, the accounts or access of users who repeatedly infringe copyrights. We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer

7. DISCLAIMER OF WARRANTIES.

The Site is provided on an “AS IS,” “as available” basis. Neither NueDerma™ nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Site will be uninterrupted or error-free. Neither NueDerma™ nor its associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Services. NueDerma™ specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by NueDerma™, nor its Associates, shall create a warranty. You expressly agree that use of the Services is at your sole risk.

8. DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NueDerma™ OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SERVICES, 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 TERRORISM, ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NueDerma™ RECORDS, PROGRAMS OR SERVICES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NueDerma™ HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SERVICES. 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.

The preceding section does not apply to New Jersey residents.

9. INDEMNIFICATION

You agree to release, indemnify, and defend NueDerma™. and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “NueDerma™ Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

10. GOVERNING LAW

The Services are created, operated and controlled by NueDerma™ in the State of California, United States of America. As such, the laws of the State of California will govern these Terms & Conditions without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the Services and these Terms at any time by updating this posting. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms & Conditions to which you are bound.

11. AGREEMENT TO ARBITRATE DISPUTES FOR USERS IN THE UNITED STATES AND CANADA.

PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

11.1 Initial Dispute Resolution. We are available by email at iinfo@NueDerma.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

11.2 Agreement to Binding Arbitration. For all disputes and claims other than those regarding NueDerma™’s IP rights as described in Section 6 above, if we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms & Conditions (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration, which is a private process through which disputing parties agree that one or several neutral arbitrators can make a binding decision and/or award in relation to the dispute after receiving evidence and hearing arguments.

11.3 Arbitration Procedures. All claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our Services or Site shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 555 West 5th Street, 32nd Floor, Los Angeles, CA 90013 USA; and (c) send one copy of the Demand for Arbitration to NueDerma™ at NueDerma™, 10635 Santa Monica Blvd, Los Angeles, CA 90025 Attention: Legal Department.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and NueDerma™ further agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

11.4 Authority of the Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and NueDerma™ shall be subject to the Federal Arbitration Act.

11.5 Waiver of Jury Trial. You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.

11.6 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes. 11.7 Exception – Small Claims Court Claims. Notwithstanding your and NueDerma™’s agreement to resolve all disputes through arbitration, either you or NueDerma™ may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

11.8 Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and NueDerma™’s agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

11.9 Opt-Out of Agreement to Arbitrate. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at iinfo@NueDerma.com, and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with NueDerma™ through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, NueDerma™ also will not be bound by them. 

12. AFFILIATES AND LINKS TO THIRD PARTY WEBSITES

The Services contain, or may contain, links to other third party sites. NueDerma™ makes no representations whatsoever about any other web sites which you may access through the Services. When you leave the Services, please understand that NueDerma™ has no control over the content on that web site. In addition, a link to a non-NueDerma™ web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site. NueDerma™ makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.

CONTACT US

We welcome your questions and comments about these Terms. You may contact us anytime via email at iinfo@NueDerma.com.com