Terms of Use

Previous Terms of Use Dated 05/04/2015
Last Updated:11/02/2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES.

I. INTRODUCTION

Thank you for visiting the websites owned by Journey Medical Corporation and its subsidiaries and affiliates (hereinafter “Journey Medical,” “we,” or “us,” or “our”). These terms of use (the “Terms”) describe your rights and responsibilities with regard to our websites located at www.journeymedicalcorp.comwww.targadox.com; www.ceracade.com; www.luxamend.com; www.ximinorx.com; www.exelderm.com; www.qbrexza.com; www.qbrexzahcp.com; and www.jgpharmainc.com (the “Sites”). Use of the Sites is governed by these Terms and our Privacy Policy.

By accessing or using the Sites, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms and our Privacy Policy. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Sites.

II. MODIFICATION OF TERMS

We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Sites to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Updated” notation above. If you use the Sites after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Sites.

III. NO MEDICAL ADVICE

Our Sites are provided for informational purposes only. The Sites and their content is not, and should not, be considered, or used as a substitute for, medical or pharmaceutical advice, care, diagnosis or treatment.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions or drugs or medications and before commencing or discontinuing any course of treatment, drug or medication. Do not disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of any information you have received or obtained through the use of the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, call 911 for medical assistance.

IV. RESTRICTIONS ON USE

You will not use, or encourage or permit others to use, our Sites except as expressly permitted in these Terms. You will not:

  • Use or attempt to use the Sites for any person other than yourself;
  • Access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
  • License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Sites or related materials in any way;
  • Take any action or use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part;
  • Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network;
  • Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by us or any of our service providers to protect our Sites;
  • Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites;
  • Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to our or third-party content from the Sites; or
  • Encourage or enable any other individual to do any of the foregoing.

V. INTELLECTUAL PROPERTY

A. Generally

We are the sole and exclusive owner of all right, title and interest in and to the Sites and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other information or feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites shall be owned solely and exclusively by us or its licensors, including all intellectual property rights therein. You have permission to use the Sites solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by us.

Certain names, logos, and other materials displayed in and through the Sites may constitute our trademarks, trade names, service marks or logos (“Trademarks”). You are not authorized to use any such Trademarks without our express written permission. Ownership of all such Trademarks and the goodwill associated therewith remains with us.

B. License and Use
Subject to your compliance with these Terms, we grant you a personal, limited, revocable, nonexclusive, and nontransferable license to view, access, and use the Sites and its content, solely for your personal and non-commercial use. No other right, title, or interest in the Sites is transferred to you, and all rights not expressly granted are reserved by us or our licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.

VI. PRIVACY

We understand the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy for a description of how we may collect, use and share your information in connection with the Sites.

VII. COMMUICATION; OPT-OUT

As part of your use of the Sites, you are communicating with us electronically.  You agree that any agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

You also may be asked to elect to receive certain email notifications, including surveys, offers and other promotions. Your election to receive such messages represents your express written consent to receiving emails from us. You may opt-out of receiving certain notifications in association with the Sites by completing the opt-out process provided to you with each email message.

VIII. LINKS TO THIRD-PARTY HYPERLINKS AND SITES

The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Sites through a Linked Site. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Sites.

IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITES ARE AT YOUR SOLE RISK.  JOURNEY MEDICAL AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES, INCLUDING, TO THE EXTENT PERMITTED BY LAW, RIGHTS OF PRIVACY.

YOU ACKNOWLEDGE AND AGREE THAT THE SITES MAY CONTAIN DATA PROVIDED TO JOURNEY MEDICAL BY A THIRD PARTY. This data may have been collected by a third party pursuant to that third party’s privacy policy AND/OR AN authorization or consent.  JOURNEY MEDICAL AND THE RELATED PERSONS MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY DATA PROVIDED BY THIRD PARTIES AND INCLUDED IN THE SITES.   EXCEPT AS MAY BE SET FORTH IN AN OTHER AGREEMENT, JOURNEY MEDICAL AND THE RELATED PERSONS ARE NOT RESPONSIBLE FOR ANY DATA PROVIDED TO JOURNEY MEDICAL BY A THIRD PARTY AND INCLUDED IN THE SITES.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER JOURNEY MEDICAL NOR THE RELATED PERSONS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES.

IN ADDITION, JOURNEY MEDICAL IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, JOURNEY MEDICAL IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF, ACCESS TO OR INABILITY TO USE THE SITES OR ANY CONTENT PROVIDED BY US OR ANY THIRD PARTY, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

X. INDEMNIFICATION

You agree to indemnify, defend, and hold Journey Medical and the Related Persons harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of content or data available on the Sites in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

XI. MODIFICATIONS TO THE SITES

We reserve the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites, or any portion thereof, with or without notice. You agree that we shall not be liable to you and/or to any third party for any modification, suspension, or discontinuance of the Sites.

XII. GOVERNING LAW AND LIMITATION ON DISPUTES

The Sites are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms shall be governed by and construed in accordance with the laws of the State of New York, in the United States, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these Terms (“Dispute”) shall be filed only in the state or federal courts located in New York County, New York, U.S.A., exclusive of its choice of law or conflict of law provisions, and you hereby consent and submit to the personal jurisdiction of such courts. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.

Notwithstanding the above, if a Dispute arises that concerns a matter for injunctive or similar relief, for instance, if you have in any matter violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction, whether or not it is in the State of New York.

You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

XIII. MISCELLANEOUS

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms of Use.

XIV. COPYRIGHT INFRINGEMENT CLAIMS

We reserve the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason.  We otherwise comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:

Journey Medical Corporation
Attention: Legal
Corporate Headquarters
Scottsdale, Arizona
contact@jmcderm.com

As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:

  • A physical or electronic signature of 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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

XV. CONTACT INFORMATION

If you have any questions or concerns, please contact contact@jmcderm.com.