Terms of Use
Please read these terms and disclaimers (collectively, the “Terms of Use”) carefully before using the website located at www. pediadermics.com (the “Website”). By using this Website, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you should not use this Website.
1. GENERAL INFORMATION IS NOT MEDICAL ADVICE. THE INFORMATION AND CONTENT PROVIDED ON OR ACCESSED THROUGH THIS WEBSITE ARE INTENDED FOR GENERAL INFORMATION PURPOSES ONLY AND NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
2. NO PHYSICIAN-PATIENT RELATIONSHIP. THE USE OF THIS WEBSITE AND/OR ANY COMMUNICATION VIA THE WEBSITE OR EMAIL DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO STARTING ANY NEW TREATMENT, SELECTING A METHOD OF TREATMENT, OR SEEKING ANSWERS TO ANY QUESTIONS REGARDING A MEDICAL CONDITION. NOTHING CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE IS INTENDED TO BE AND SHOULD NOT BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. USERS OF THIS WEBSITE SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING TREATMENT BASED ON THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE.
BY PROVIDING THIS WEBSITE OR ANY INFORMATION OR CONTENT, NEITHER PEDIADERMICS NOR ITS PARENT OR AFFILIATE COMPANIES (COLLECTIVELY “PEDIADERMICS”) ARE ENGAGED IN THE PRACTICE OF MEDICINE, NURSING, OR THE PROVISION OF ANY HEALTHCARE SERVICE.
3. DISCLAIMER OF WARRANTIES. WHILE PEDIADERMICS ENDEAVORS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE, CURRENT, AND TIMELY, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IT MAKES NO REPRESENTATIONS, WARRANTIES, OR COVENANTS, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND CONTENT CONTAINED ON THE WEBSITE (THE “CONTENT”), INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY, OR COVENANT THAT (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY ITEM(S) MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY AND/OR FIT FOR A PARTICULAR PURPOSE; (II) THE WEBSITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY, OR SUITABLE FOR ANY PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK AND LIABILITY. THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS, WHERE IS” AND “AS AVAILABLE.”
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL PEDIADERMICS, ITS OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST BUSINESS, MEDICAL INJURY, PERSONAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER TREATMENT, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR USE, MISUSE, OR RELIANCE UPON THE WEBSITE OR THE CONTENT, OR YOUR INABILITY TO USE THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING BREACH OF CONTRACT), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF PEDIADERMICS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
PEDIADERMICS ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (“THIRD-PARTY”). UNDER NO CIRCUMSTANCES SHALL PEDIADERMICS, ITS OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD-PARTY; AND (II) ANY ACCESS, USE, RELIANCE UPON, OR INABILITY TO USE ANY MATERIALS, CONTENT, GOODS, OR SERVICES LOCATED AT, OR MADE AVAILABLE AT, ANY WEBSITE LINKED TO OR FROM THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF PEDIADERMICS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
5. INDEMNITY. You agree to indemnify, defend, and hold harmless Pediadermics and its owners, members, directors, officers, employees, agents, representatives, affiliates, and their respective successors and assigns from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms set forth herein; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.
6. NO ENDORSEMENTS. References to any products, services, hypertext link to third parties, or other information by trade name, trademark, supplier, or otherwise are for convenience only and do not constitute or imply its endorsement, sponsorship, or recommendation by Pediadermics.
7. PRODUCT USE & LIABILITY. All products sold on this Website are intended for external use only. Parents and guardians are responsible for ensuring proper usage and monitoring of their children during application. If irritation, allergic reactions, or any other adverse effects occur, discontinue use immediately and seek medical attention. Pediadermics is not responsible for any direct, indirect, incidental, or consequential damages arising from the use or misuse of our products.
8. JURISDICTION AND GOVERNING LAW. These Terms of Use and any disputes arising from your use of this Website shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. By using this Website, you agree to submit to the exclusive jurisdiction of the courts located in Lehigh County, Pennsylvania, for any disputes relating to these terms.
9. INTELLECTUAL PROPERTY. All content on this Website, including but not limited to text, images, graphics, logos, product descriptions, and software, is the property of Pediadermics or its licensors and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, modification, or distribution of any content without prior written permission from Pediadermics is strictly prohibited.
You are granted a limited, non-exclusive, non-transferable license to access and use this Website for personal and non-commercial purposes. Any misuse or infringement of our intellectual property rights may result in legal action.
10. CHANGES TO TERMS OF USE. Pediadermics reserves the right to update or modify these Terms of Use at any time without prior notice. It is your responsibility to review this page periodically for any changes. Continued use of the Website constitutes acceptance of any revisions.
11. WAIVER AND SEVERABILITY. No waiver by Pediadermics of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Pediadermics to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
12. PROHIBITED USE. Use of this Website is prohibited in any jurisdiction where its content, services, or products would violate local laws or regulations. If you access this Website from a location where such use is restricted or illegal, you do so at your own risk and are solely responsible for compliance with applicable laws.
13. TERMINATION. Pediadermics reserves the right, in its sole discretion, to terminate or restrict your access to this Website at any time, without notice or liability, for any reason, including but not limited to a violation of these Terms of Use, applicable laws or any other misuse of the Website. Upon termination, your right to use the Website will immediately cease. Any provisions of these Terms of Use that, by their nature, should survive termination shall continue in full effect, including but not limited to intellectual property rights, disclaimers, and limitations of liability.
