TERMS OF SERVICE
Last Update on: December 6, 2021
INTRODUCTION
The web site of pelaskin.com (together with any successor site(s) thereto and mobile version(s) thereof, if available, the "Site" from which you are accessing these Terms & Conditions (these “Terms”) are made available to you by Doctor Molecules, LLC, a Texas limited liability company, and its brands and affiliates ("PELA SKIN", "DR. MEL GLAMOR", “DOCTOR MOLECULES”, “DR. MOLECULES”, “PELASKIN.COM”), collectively “PELA SKIN” or “we”, “us” or “our”, and are subject to these Terms.
The Site is referred to collectively herein as the "Service". Please read these Terms carefully before using the Service. Your use of (including any access to) the Service in any manner binds you to these Terms. These Terms are effective unless and until terminated by us. If you do not agree with any term or condition of these Terms, do not use the Service. By using the Service, you represent that you are 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who has agreed to be bound by these Terms.
Please note that certain items including but not limited to products, services and promotions of our web sites, apps, if available, and other online offerings, may be governed by separate or additional policies, terms or conditions, and you agree to comply with such policies, terms or conditions. In the event of any conflict between these Terms and any such policy, term or condition, in connection with such products, services, promotions or other web sites, apps or other online offerings, such policy, term or condition will govern with respect to those particular products, services, promotions, or other offerings.
JURISDICTIONAL ISSUES
The Service is controlled and operated from the United States and is not intended to subject PELA SKIN to any non‑U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non‑U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service's availability at any time, in whole or part, to any person, geographic area or jurisdiction that we choose.
INTELLECTUAL PROPERTY RIGHTS
Please be aware that as you visit and navigate the Service, your use of our Service is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. The Service (including all content therein and the compilation of such content, including but not limited to all photos, videos, text, logos, graphics, data, and images is owned by us and/or our affiliates and licensors and is subject to trademark, service mark, copyright and/or other intellectual property rights. Names and logos, and all related product and service names including but not limited to website designs, product label designs, design marks, taglines, bylines, slogans, mission and vision statements, and other trademarks and logos and any copyrighted material that appear on the Service including but not limited to PELA SKIN, DR. MEL GLAMOR, DOCTOR MOLECULES, DR. MOLECULES, are the trademarks and/or service marks and/or copyright of DOCTOR MOLECULES, LLC. All other marks are the property of their respective companies who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. Nothing contained on the Service grants any rights to use any trade name, trademark, service mark, logo, tagline, byline, copyrighted material or other intellectual property without the express prior written consent of the owner.
COMPLIANCE
Subject to your compliance with these Terms, and solely for so long as you are permitted by PELA SKIN to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non‑commercial use. If you fail to comply with any provision of these Terms, you must immediately cease using the Service.
RULES OF CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Service. In connection with the Service, you shall not:
Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Service.
Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Service.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without our express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Service.
Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without our express prior written consent.
Systematically download and store Service content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with our instructions, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
MY ACCOUNT
You may need to register to use all or part of the Service. You have the opportunity to create a personal shopping account with drmglamor.com, which allows you to shop faster and easier. Using an email address as your user name and password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize the Service to store your name and email address. Should you elect to do so, you may also include in ‘My Account’ your telephone number, and shipping and billing addresses. If you choose to include such additional information then you are authorizing the Service to store such information until such time you elect to change or delete it. Each of these options is for your convenience only. If you ever use a public computer to visit the “My Account” section of our Service, we strongly encourage you to log out at the conclusion of your session. By doing so, although your information will still be stored with us, it will not be accessible to anyone else from that computer. With regards to “My Account”, we may reject, or require that you change, any account name, password or other information that you provide to us in registering. Your account name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password (including any related security questions and answers), and for restricting access to your computer or other device, and you are responsibility for all activities, including purchases, that occur in connection with your account or password. Your account may not transfer to other websites owned or operated by us which may require you to create a separate account. You represent and warrant that any information you provide in connection with the Service is and will remain accurate, current, and complete, and that you will maintain and update such information as needed. You are responsible for safeguarding your Account information (including your passcode and security questions and answers), and for all activity that occurs in connection with your Account, as set forth in this section. By creating an account, you also agree to immediately notify us if you discover or otherwise suspect any security breaches related to the Service or your account.
- Through the “My Account” feature, you may create a Wish List of products (if available) you want and share the items on your list by copying and pasting the URL. You may elect to make this Wish List public, so that friends and family can search for you by either name or email address.
- Email List – When you create an account with the Service, you will be given the option to be added to the PELA SKIN CLUB of the Service email list. Whether or not you select this option, your Personal Information will never be sold to anyone. Subscriptions to the email list can be cancelled at any time. To be removed from our email list, please email us at info@pelaskin.com and include your name and the address in the message, or click the unsubscribe button found at the bottom of the emails we send you.
- Purchases – When you place an order, you will be asked to provide your credit card information. The Service does not store credit card information.
- Customer Service – If you call Customer Service, we may ask for information such as your name, email address, mailing address, telephone number, and if you choose to make a purchase, your credit card information. We use this information to assist you and to process your transaction.
- Surveys, Sweepstakes and Promotions – On this Service, you may be able to participate in surveys, sweepstakes and promotions, if available. If you choose to participate in these promotions, we may request information such as your name, age, email address, mailing address, telephone number and interests or product preferences. This Personal Information is used to enter in to our contests, sweepstakes and promotions. We may use this information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so.
- Email to a Friend – You may be able to share certain content from this Service with your friends, if available. In order to do so, we may ask for information such as your name, email address, zip code and telephone number. We will not include any other advertisements within the message sent your friends, and we will not collect the emails of any friends to who you share content unless such friends choose to be added to our email list.
SUBMISSIONS AND FORUMS
Service users may make available certain materials, including but not limited to comments, photos, videos, processes, skincare or other procedures, or other user‑generated content (each, a "Submission"), through or in connection with the Service, including on the Service's interactive features, such as message boards, ratings and reviews, and other forums or messaging functionality (each, a "Forum"), or on third‑party social media platforms by using promotional hashtags designated by us. You agree to abide by the Rules of Conduct set forth in said Section above with regards to all Submissions. We have no control over Submissions, and are not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, YOU DO SO AT YOUR OWN RISK.
LICENSE
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty‑free, fully paid‑up, non‑exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission (including but not limited to any ideas, concepts, know‑how, skincare routines, techniques, methodologies, processes and procedures incorporated therein), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials, and to develop, manufacture and market products and services).
In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.
THIRD PARTY MATERIALS
Parties other than us may operate stores or otherwise make available services, products and content on the Service. For example, we provide links to third‑party web sites and other resources for your convenience. Such third‑party stores, services, products, content, web sites and other resources, including Submissions of third parties, are referred to collectively herein as "Third Party Materials". We neither control nor endorse, nor are we responsible for, Third Party Materials, including their accuracy, integrity, quality, legality, usefulness and safety, and any intellectual property rights therein. Nothing in these Terms shall be deemed a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. Third Party Materials are provided for your convenience, and their availability through the Service does not imply our endorsement of, or affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
We DO NOT ASSUME ANY RESPONSIBILITY FOR (1) ANY CONTENT OF, (2) ANY TECHNOLOGY IMPLEMENTED BY, OR (3) THE PRIVACY PRACTICES OF, ANY THIRD PARTY. YOUR USE OF ANY THIRD PARTY MATERIALS IS AT YOUR OWN RISK, AND IS SUBJECT TO ANY APPLICABLE THIRD‑PARTY TERMS, CONDITIONS AND POLICIES (SUCH AS TERMS AND PRIVACY POLICIES).
MONITORING
We reserve the right, but do not have any obligation, to monitor areas of the Service electronically, and to monitor, alter, evaluate or remove any Submissions before or after they appear on the Service. We further reserve the right to disclose any content, records or electronic communication of any kind, including Submissions, if required to do so by any law, rule, regulation or court order, or if such disclosure is necessary or appropriate to operate the Service or to protect our rights or property, or the rights of other Service users, or our partners, affiliates, sponsors, providers, licensors or merchants, or as otherwise permitted in our Privacy Policy.
PRODUCT INFORMATION DISCLAIMER
While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on the Service. For these reasons you should not rely on the information presented, but should always read product labels, warnings, directions and/or should email us at: info@pelaskin.com before using a product. Content on this site is for reference purposes and is not intended as a substitute for advice given by a physician, pharmacist, or other licensed health‑care professional. You should not use this information as self‑diagnosis or for treating a health problem or disease. Contact your medical doctor immediately if you suspect that you may have a medical problem. Information and statements regarding skincare, cosmetics, skincare procedures and routines, food, recipes, health tips, FAQS, and other products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither we, our content provider(s) nor our vendors or other product manufacturers assume any liability for inaccuracies, misstatements, or omissions.
PRICING AND PROMOTION
1. General
Product prices and promotions posted on the Service, or those sent to customers by personalized e‑mail or any other online or digital method, are good only for the dates indicated. Such offers, promotions and sweepstakes may not be available in physical stores or on other sites or services reselling our products. Likewise, offers, promotions and sweepstakes offered in physical stores or on other sites or services may not be available through the Service. Certain services, products and/or programs may not be available at all locations. Prices at physical stores or on other sites or services may vary from the prices listed on the Service, and these stores will have no obligation to honor or match such prices if an order has not been placed on the Service or if a promotion does not apply. In the event a product or service is listed at an incorrect price due to a typographical or other error, we shall have the right to refuse or cancel any orders for products or services listed at the incorrect price, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes. The final taxes and fees will be calculated on the day your order is placed.
2. Promotion Codes
Promotion codes are valid only on orders placed via the Service, subject to the terms of this section. Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. You will have no claim against us in respect of such rejection or cancellation of a promotion code. We shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason.
3. Reservation of Rights
All product, service and program features, including but not limited to availability, prices, promotion codes, charges and fees in effect, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; to impose conditions on the use of any promotion; to bar any user from making any purchase; and/or to refuse to provide any user with any product or service. Certain products, services and programs may be subject to additional terms, conditions, policies and disclosures.
ORDERS, BILLING, PAYMENTS
- Order Acceptance
Nothing on the Service constitutes a binding offer to sell products described on the Service or to make such products available in your area. All orders placed through the Service are subject to our acceptance. We may require verification of information prior to the acceptance and/or fulfillment of any order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any or no reason and without liability to you or anyone else. We reserve the right in our sole discretion at any time after receipt of your order or after your method of payment has been charged to supply less than the quantity you ordered or to cancel your order. The prices displayed on the Service are quoted in U.S. dollars and must be paid in U.S. dollars. From time to time we list item for special low price, we will honor this low price while supplies last. We may have to cancel your order if the special price inventory runs out. We may require verification of identity for payment or additional information before accepting any order. If your method of payment has already been charged for an order that we later cancel, we will issue you a refund. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. All orders, returns and refunds for products and services are subject to our Refund Policy. We reserve the right to limit your order or the quantity of a particular product that you may order.
2. Modifying or Cancelling an Order
You can modify or cancel an existing order (including adding or deleting items) prior to the order being prepared for shipment. Modifications or cancellations can be made via drmglamor.com. Note that if you modify an order the price will be changed to reflect any products or services you added or removed from your order and the prices applicable at the time of your modification.
3. Availability
Although our goal is to fulfill 100% of each order, from time to time some products may be unavailable beyond our control.
4. Additional Shipping Terms
Our shipping schedules are meant for regular business, working days. Contact us at: info@pelaskin.com for our shipping schedules during holidays. Click Shipping Methods for details.
5. Payments, Credit and Debit Cards, Billing
American Express, MasterCard, Visa card and PayPal, thru PayPal’s merchant services is required for all orders made through the Service. When using your credit card be sure to provide the exact billing address and phone number your credit card company has on file for that card. While in most cases we may ship to any address, due to increased credit card fraud, we reserve the right not to ship to an address that is different from your billing address if we feel that the order may be fraudulent.
You authorize us to charge you for all products or services purchased by you through the Service, plus applicable taxes and fees, to the payment method you provide. "Charge" shall indicate either a charge or a debit, as applicable, against your payment method. We may change the price of any subscribed product or service at any time in our sole discretion. You represent that you have the legal right to use any payment method that you submit to us. We are unable to accept third-party coupons for purchases through the Service. Your credit or debit card will be charged for your order on the day your order is placed. We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit or debit card. We may attempt to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us. If you fail to pay any fees or charges when due we may charge such amount directly to the credit or debit card connected to your account and we may suspend or terminate your access to the Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by us and/or by your credit or debit card issuer.
RETURN POLICY
Please review our Return Policy for details.
SALES TAX INFORMATION
If/when required by law, we will add sales tax to your order just prior to checking out from the e-cart.
ERRORS AND INACCURACIES
We always try to provide complete, accurate, up-to-date information on our Service. Unfortunately, despite those efforts, human or technological errors may occur. This Service may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, product description and other information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice or liability. In addition, you acknowledge that the particular technical specifications and settings of your computer, your monitor and/or your mobile device could affect the accuracy of the display and the colors and look of products shown on the Service. If you believe that a product offered by us is not as described, your sole remedy is to return it to us for a refund in unused condition.
CONSENT TO E-MAIL COMMUNICATION
When you create a user account using the Service and/or send an e‑mail to us, or otherwise electronically request that we contact you, you are communicating with us electronically. You consent to receive communications from us electronically, and agree that we may communicate with you by e‑mail or by posting notices on the Service.
COMPATIBLE MOBILE DEVICES AND THIRD PARTY CARRIER FEES
Your Account may enable you to make payment card transactions from compatible systems (if available) using a compatible mobile device. Devices modified contrary to the manufacturer's software or hardware guidelines, including disabling hardware or software controls — sometimes referred to as "jailbreaking" — are not compatible mobile devices. You acknowledge that the use of a modified device to use the mobile payment functionality is expressly prohibited, constitutes a violation of these Terms, and is grounds for termination of your Account. The Service does not warrant that our mobile payment or other functionalities will be compatible with your particular mobile device. In addition, the mobile payment functionality requires an active Internet connection, and we are not responsible for providing such a connection to you. Your use of the mobile payment functionality may be subject to the terms of your agreements with your mobile device manufacturer and/or your carrier. We are not responsible for fees imposed under such agreements in connection with your use of the mobile payment functionality, and are not liable to you for fees incurred by you as a result of such agreements.
- Functionality
The mobile payment functionality (if available) may allow you to make payments, including card‑based payments initiated with cards bearing the trademarks of MasterCard International Inc., Visa Inc., American Express Company, PayPal and other major card networks determined by us (collectively, the "Networks”. The mobile payment functionality (if available) enables you to make payments on the Service. This means that we collect, analyze and relay information generated in connection with these transactions.
- Accepted Cards
Mastercard, Visa, American Express and PayPal. The mobile payment functionality may work with most US‑issued credit, debit, pre‑paid, or gift cards with a Network logo. We may remove or add cards that we accept at any time without prior notice. We will only process cards that receive an authorization from the applicable card issuer or Network.
- Applicable Network Rules
The Networks are responsible for administering the bylaws and rules ("Network Rules") that apply to their customer financial institutions and the use of payment cards that carry their brands. The Networks have historically reserved the right to amend their bylaws and rules. We may be required to change these Terms in connection with amendments to the Network Rules.
CUSTOMER SERVICE
You may contact the Service for customer service issues relating to your purchases of goods or services using your Account, including pricing, order fulfillment, order cancellation by you or us, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with us and/or our personnel, policies or processes. You may also contact us for customer service issues relating to your Account, payment, card processing, debiting or crediting. Our Customer Service is available via email at: info@pelaskin.com or call us at: 832-230-5800. You should contact your applicable card issuer or Network with questions regarding payment transactions made using your Account, including any error‑correction or dispute‑ resolution requests.
DORMANT ACCOUNTS
If your Account has no transaction activity for at least two (2) years, consecutively, we will automatically close your Account and disable your access to Service.
DISCLOSURES AND NOTICES
You agree that we can provide disclosures and notices required by law and other information about your Account to you electronically by posting it on the Service, or e‑mailing it to the e‑mail address listed in your Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices are considered received by you within 24 hours of the time it was posted to the Service or e‑mailed to you unless, in the case of e‑mail, we receive notice that the e‑mail was not delivered.
SECURITY
We have implemented reasonable technical and organizational measures designed to secure your Account information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures and use your Account information for improper purposes. You acknowledge that you provide your personal information at your own risk.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) if you register for mobile payment functionality, if available, you are eligible to register and use the mobile payment functionality and have the right, power, and ability to enter into and perform under these Terms; (c) the name identified by you when you registered is your real name; (d) you will fulfill all of your obligations to each merchant and/or financial institution for which you submit a transaction, and, except as permitted otherwise by applicable law or your card issuer or Network, will resolve any consumer dispute or complaint directly with such merchant or financial institution; (e) you and all transactions initiated by you will comply with all federal, state and local laws, rules and regulations applicable to you, including any applicable tax laws and regulations; (f) you will not use the mobile payment functionality, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the mobile payment functionality.
SUSPENSION OR TERMINATION
Without limiting the section below entitled DISCLAIMER AND LIMITATION OF LIABILITY, we may terminate or suspend your access to or use of the Account or mobile payment functionality if available, and/or close your Account for any reason or no reason at any time, upon notice to you, including if you (a) have violated these Terms, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate or misleading information, or otherwise engage in fraudulent or illegal conduct. Upon any such termination or suspension, you must immediately stop using the Account and mobile payment functionality if available, and we reserve the right to delete all of your Account information stored on our servers. We will not be liable to you for compensation, reimbursement or damages in connection with your use of the Account or the mobile payment functionality if available, or any such termination, suspension or deletion of information.
NON-PERSONALLY IDENTIFIABLE INFORMATION
Cookies
Several of our functions and carefully selected third parties may use cookies on our Services to improve performance, for analytics and to show you offers tailored to your interests on our site and third party sites. A cookie is a small piece of information sent by a Service that is saved on your hard drive by your computer’s browser. Cookies help us remember when you return to our Service. Cookies also hold information a site may need to personalize/enhance your experience and to gather Service statistical data, such as which pages are visited, what is included in your shopping cart, the Internet provider’s domain name and the addresses of the sites visited immediately before coming to and immediately after leaving www.drmglamor.com. However, none of this information is associated with you as an individual. It is measured anonymously and only in the aggregate. The information in the cookies lets us trace your ‘clickstream’ activity (i.e. the paths taken by visitors to our site as they move from page to page). This enables us to better serve our customers by revealing which portions of our site are most popular. Cookies contain absolutely no Personal Information. You may disable cookies on your browser. Please review your browser’s instructions for doing so. By continuing to use our Service, you consent to our use of cookies.
Analytical Tools
We may also use various analytical tools in connection with the Service to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Service. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the web site you visited immediately before coming to the Service. This information is collected anonymously, and none of this information is identified with you as an individual or contains any Personal Information.
USE OF YOUR PERSONAL INFORMATION
We use the Personal Information we collect for various purposes, including but not limited to:
- Processing transactions upon your request
- Improving our Service, customer shopping experience and quality of service
- Sending communications to you about our products, services and promotions
- Preventing and detecting fraud and abuse
- Processing information or claims in connection with incidents at our stores
- Enabling our service providers to perform certain activities on our behalf
- Complying with our legal obligations, policies and procedures and for internal administrative and analytical purposes.
OTHERS WITH WHOM WE MAY SHARE YOUR PERSONAL INFORMATION
Affiliated Companies and Service Providers: We may also disclose your Personal Information to our affiliated companies and to consultants and/or outside companies that help us operate and maintain our Service and provide the products and services we offer. For example, we may work with such consultants and/or outside companies to: (a) manage a database of customer information (b) assist us in distributing emails (c) assist us with direct marketing and data collection (d) provide us with data storage and analysis (e) provide fraud prevention (f) provide customer service by phone and (g) engage in other services designed to assist us in developing, operating and maintaining our Service and maximizing our business potential. We require that our affiliated companies and these consultants and outside companies agree to keep confidential all Personal Information we share with them and to use the Personal Information only to perform their obligations in their agreements with us.
Compliance with Law: We may provide access to your Personal Information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Service, to limit our legal liability and protect our rights, and to protect the rights, property or safety of visitors to this Service and the public.
Transfer of Assets: In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred and will be disclosed during the process of negotiating such business transition, pursuant to a suitable confidentiality order.
LINKS TO OTHER SITES
While visiting our Service, you may link to sites operated by third parties or you may have come to our Service by clicking on a link in another Service. This does not mean that we endorse these Services or the products/services advertised or offered on those Services. We do not make any representations or warranties about any third-party Service that you may access through our Service. They are independent from us, and we have no control over, or responsibility for, their information or activities.
In addition, our privacy practices may differ from those of these other Services. If you provide Personal Information at one of those other Services, you are subject to the privacy policy of the operator of that Service, not our Privacy Policy. Please make sure you understand the other Service’s privacy policy before providing any Personal Information.
SECURITY
We go to great lengths to keep your financial information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of Personal Information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. Our customer service team operates over a private and secure network. Please note, however, that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card or other Personal Information.
We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of our Service, to protect you from any loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of our Service. Once you’ve entered, the page address (URL) will change from http to https, to let you know you are in a secure area. Also, a key or a closed lock will appear in the lower right hand corner of your screen to notify you of this change. You will remain in this secure zone for the entire checkout process.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we use every reasonable means to ensure the security of information you transmit to us, we cannot guarantee that third parties will not interpret such information. We will, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.
OPT-OUT
You will receive promotional emails from us only if you have asked to receive them. If you do not want to receive e-mails from us you may click on the “unsubscribe” link at the bottom of any email communication sent by us. Please allow us 10 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.
“SPOOFING” AND “PHISHING”
A common Internet scam is known as ‘spoofing’ or ‘phishing’. This occurs when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that we will NEVER send you an email requesting you to verify credit card, bank information, or any other Personal Information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email.
CHILDREN’S PRIVACY
Our Service is not meant for children, and we do not collect any Personal Information from children under the age of thirteen. We will remove from our files any Person Information of anyone we discover to be under thirteen years old.
YOUR CONSENT
You acknowledge that this Privacy Policy is part of the Terms of Use and you agree that using our Service signifies your assent to our Privacy Policy and related Terms of Use provided above, is subject to all applicable laws and is undertaken at your own risk. We reserve the right to change this Privacy Policy at any time, without advance notice. If we decide to change our Privacy Policy, we will post those changes on this page so that you are aware of what information we collect, how we use it and under what circumstances we disclose it.
TERMS OF USE
We recommend that you keep a printed copy of these Terms of Use for future reference.
COPYRIGHT
All designs, text, graphics, logos, button icons, images, audio clips, website designs, product labels, digital downloads, taglines, bylines, slogans, and data compilations appearing on the Service, as well as the software used to create them, are owned by us or used with permission by us and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Service solely for personal, non-commercial purposes related to placing an order or shopping on the Service. Any other use of any content included on the Service, including linking or framing this Service, is strictly prohibited unless you first obtain prior written consent from us or the owner of the material you wish to use.
INFRINGEMENT NOTICE
We respect the intellectual property rights of others and require that our users do the same. If you believe your work is being used in connection with our Service in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Service, please notify us by sending an email to the following address:
info@pelaskin.com.
In order for us to more effectively assist you, the notification must include all of the following:
- A physical signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work or other right you claim has been infringed or violated;
- Information reasonably sufficient to locate the material in question on the Service;
- Your full name, title, company name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
NON-CONFIDENTIAL INFORMATION
Except for information necessary to place an order, do not send to us any confidential or proprietary information through this Service and do not send us any such confidential information by any means other than through the secure ordering portion of our Service. Any information, materials, suggestions, ideas or comments otherwise sent to us will be considered non-confidential, and, by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF, OR RELIANCE ON, ANY MATERIALS (INCLUDING THIRD PARTY MATERIALS) AVAILABLE THROUGH OR SUBMITTED TO THE SERVICE, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING OR USING SUCH PRODUCTS. YOU AGREE THAT WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF SUCH MATERIALS, PRODUCTS OR SERVICES) ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE OR SUCH MATERIALS, PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, OUR MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SERVICE, FOR ANY REASON WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF $50.00 OR THE PRICE YOU PAID FOR THE PRODUCT FOR WHICH THE CLAIM IS BASED. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEN CERTAIN SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
INDEMNIFICATION
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SERVICE, OR THE USE BY ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR COMPUTER OR YOUR ACCOUNT.
FILTERING
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (kids.getnetwise.org) and OnGuard Online (onguardonline.gov). Please note that we do not endorse any of the products or services listed on such sites.
EXPORT CONTROL
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; and (b) on any of the U.S. government lists of restricted end users.
APPLICABLE LAW
By our websites, you agree that the laws of the State of Texas and the courts of Harris County, TX without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of our Service.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Service users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
MISCELLANEOUS
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer‑employee, agency or franchisor‑franchisee relationship between you and us. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in these Terms shall be construed as if followed by the phrase "without limitation." These Terms, including any terms and conditions incorporated herein, are the entire agreement between you and us relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between us relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Service or by e‑mail (including in each case via links), or potentially by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
YOUR CONSENT
You acknowledge that the Privacy Policy as well as any other terms or policies stated on our Service are part of the Use, and that using our Service signifies your consent to our Privacy Policy, any other terms or policies, and the Terms of Use provided above. You also agree that by using this Service, you are subject to all applicable laws, and that the Service’s use is undertaken at your own risk. We reserve the right to change these Terms of Use at any time, without advanced notice or liability. If we decide to change our Terms of Use, we will post those changes on this page.