Terms & Conditions
The following are the terms and conditions (“T&C”) of this legal Agreement between you and Zi Zai Dermatology for using www.zizaidermatologyproducts.com (the “Site”). By using and accessing this Site, you acknowledge that you have read, understood, and agree to be bound by and shall abide by all the T&C of this Agreement. If you object to or disagree with any of these T&C, please discontinue the use of this Site immediately.
You are granted a non-exclusive, revocable, and limited license to access and use this Site and its content in accordance with these T&C. This Site is not intended for users under the age of 13 and no identifying information should be submitted for persons under 18 years of age.
II. TERMINATION, MODIFICATION, AND CANCELLATION
We reserve the right to change, modify or otherwise alter these T&C at any time at our sole discretion. Such modifications shall become effective immediately upon the Posting of updated T&C. You must review this agreement on a regular basis to keep yourself apprised of any changes. Zi Zai Dermatology may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.
III. PRIVACY AND SECURITY
Zi Zai Dermatology will use the information provided by you and/or collected about you as described in the Privacy Statement. The Privacy Statement is hereby incorporated by reference into these T&C. Please read the Privacy Statement. Zi Zai Dermatology reserves the right to monitor and investigate all use of this Site, without notice, for violations of the law or T&C.
The information and content contained on or made available through this Site is for informational purposes only,a nd is subject to change without notice. It is not intended to provide or constitute medical advice, diagnosis or treatment. It is not intended to be a substitute for the advice provided by your physician or other medical professionals. Zi Zai Dermatology strongly urges you to consult with a qualified healthcare professional for advice regarding the diagnosis and treatment of any medical condition before using any herbal product or other medication program. You should carefully read all information provided by the product manufacturer, in the product packaging, and labels before using any healthcare products. Your use of information available on or through this Site is your own responsibility and is made at your own risk.
The orders that you place via the Site are transmitted to us and processed at our office(s). We reserve the right to change the prices at any time. You will be notified of any changes to your proposed order, whether it be quantity, price, item or any other change. To update your billing information you must call us at 1-877-409-4924. We are not responsible for any delays to your order if you do not update your information accordingly. You will not hold Zi Zai Dermatology responsible and shall indemnify Zi Zai Dermatology for any losses resulting from the use of our Site, including, but not limited to, any losses stemming from not having an item in stock or an increase in price.
You may submit content to certain portions of our Site. When you submit content to Zi Zai Dermatology, you agree to not upload any content that infringes any third party´s intellectual property rights, does not invade any third party´s privacy, is not illegal, obscene, libelous, slanderous, defamatory, fraudulent, misleading, or otherwise injurious to third parties. You may not impersonate anyone in any posting and may not mislead anyone as to the source of any content. You are solely responsible for any content that you post on this Site. Zi Zai Dermatology reserves the right to screen, remove, or edit any such content, but is under no obligation to do so. Under no circumstances will Zi Zai Dermatology be liable for any content posted by any visitor to our Site or any damage caused by the posting of such content.
If you post content to our Site or submit information via email, including, but not limited to business ideas, you are automatically granting Zi Zai Dermatology and our affiliates a royalty-free, worldwide, non-exclusive, perpetual, fully sublicensable and irrevocable right to use, distribute, reproduce, modify, adapt, publicly perform and display, translate and create derivative works from such content in any media, as well as the right, but not obligation, to use your name in connection with such content.
By submitting content you also agree that Zi Zai Dermatology may keep records indicating that you are the source of content, and any information related to your posting of the content, and may disclose such information as we may determine, in our sole discretion, including, without limitation, in order to comply with the law or legal process, to enforce the terms of these conditions of use, to respond to any complaint that such content violates the rights of any third party, to respond to customer service requests, or to assist in the protection of any person.
VII. COPYRIGHTS AND TRADEMARKS
The following elements of this Site are the property of Zi Zai Dermatology or our suppliers and are protected by United States and international copyright laws:
All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations — both individually and as they are compiled on the Site.
The trademarks and/or trade dress of Zi Zai Dermatology and our affiliates may not be used without our prior written permission. Trademarks or trade dress include, but are not limited to, the Zi Zai Dermatology name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of Zi Zai Dermatology products, services, and programs, and those of our affiliates.
All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
Health care practitioners, health stores, and manufacturers of health related products may use the Zi Zai Dermatology graphics and images contained on this Site only for the promotion and sale of the Zi Zai™, LipIntervention™, and/or PsoriaHerbal™ branded products on their own websites and in other promotional materials. Any use of the graphics and images shall indicate Zi Zai Dermatology ownership and copyright of the graphics and images and any such use shall inure to the benefit of Zi Zai Dermatology. Zi Zai Dermatology will not be responsible or liable for any claims or promotional copy used in connection with the graphics or images. Any other use of the graphics, images, or other content on this Site is strictly prohibited.
VIII. LINKING AND FRAMING
You may only link to this homepage of zizaidermatology.com from third-party websites if you agree to the following terms and conditions, unless you receive express, prior written permission to do otherwise from Zi Zai Dermatology. The third-party link may only link to the homepage of the Site, using Zi Zai Dermatology or www.zizaidermatology.com in plain text. The trademarks and copyrights of Zi Zai Dermatology may not be used in the “meta tag” “title tag” or any source of code used by search engines or other information location tools to identify and select webpages. The linking page and website may not contain any obscene, indecent, or otherwise offensive material, including, but not limited to disparaging remarks about Zi Zai Dermatology and its products, or material that affects the goodwill of Zi Zai Dermatology and its products adversely. Zi Zai Dermatology reserves the right to unilaterally revoke this limited license to link to this Site.
You will not frame any page or portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to this Site and/or any content are expressly prohibited and will be grounds for termination of your account.
IX. THIRD PARTY LINKS
Zi Zai Dermatology provides links to related websites to facilitate your ability to obtain information that may be of interest to you. Zi Zai Dermatology is not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of such websites. These links are provided solely as a convenience to you and should not be considered an endorsement by Zi Zai Dermatology of these websites or of the companies who own them. Each linked entity is responsible for the correctness, completeness, legality, and accuracy of its own website. As such, Zi Zai Dermatology makes no representation as to the accuracy or any other aspect of the information contained at such outside websites. When you click on one of the provided links, you are leaving this Site to enter another website on the Internet. You hereby waive any claim you might have against Zi Zai Dermatology with respect to these websites.
THIS SITE AND THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. ZI ZAI DERMATOLOGY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE AS TO THE OPERATION OF THE SITE AND THE INFORMATION, SERVICES AND MATERIALS ON THIS SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ZI ZAI EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OR TRADE PRACTICE. THESE DISCLAIMERS DO NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM. IN NO EVENT WILL ZI ZAI DERMATOLOGY BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON THIS SITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF ZI ZAI DERMATOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
Zi Zai Dermatology does not warrant that access to the Site or its service will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through this Site. Zi Zai Dermatology is not responsible for the availability, content, or accuracy of other websites that may be linked to on this Site. Zi Zai Dermatology does not make any representations, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material or database displayed, uploaded, or distributed in this Site or available through links in this Site. We reserve the right to correct any errors or omissions in this Site. Although Zi Zai Dermatology takes reasonable steps to prevent the introduction of viruses, worms, Trojan horses or other destructive materials to this Site, Zi Zai Dermatology does not guarantee or warrant that this Site or materials that may be downloaded from this Site do not contain such contaminating or destructive properties. You understand and agree that any content, files, or information downloaded or otherwise obtained through the use of this Site is at your own discretion and risk and that Zi Zai Dermatology is not liable for any damages or harm to your computer system or loss of data attributable to such content, files, or information. If you rely on this Site and/or any materials available through this Site, you do so solely at your own risk. Zi Zai Dermatology is not responsible for any errors or omissions or for the results obtained from the use of any information provided on this Site.
XI. LIMITATION OF LIABLIITY
IN NO EVENT SHALL ZI ZAI DERMATOLOGY, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF ZI ZAI DERMATOLOGY HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO ZI ZAI DERMATOLOGY´S SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF ZI ZAI DERMATOLOGY OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
XII. RELEASE, WAIVER, AND COVENANT NOT TO SUE
To the fullest extent allowed by law, you hereby release and discharge Zi Zai Dermatology, its affiliates, parents, subsidiaries, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of Zi Zai Dermatology (“Affiliates”), from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you. With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waive all benefits under any statutes or common law principles of similar effect. You hereby also agree and covenant not to sue, and expressly waives any and all claims against, Zi Zai Dermatology for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
You agree to indemnify, defend, and hold Zi Zai Dermatology and its Affiliates harmless at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys´ fees) and other costs arising out of or relating to (i) your breach of these T&C or the documents it incorporates by reference; (ii) your negligence or misconduct; or (iii) a claim that your use of any content on the Site infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party. Zi Zai Dermatology may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Zi Zai Dermatology, however, shall not excuse any of your indemnity obligations.
XIV. GOVERNING LAW AND JURISDICTION
These T&C shall be governed by and construed under the laws of the State of Colorado without reference to conflict of laws principles. These T&C are deemed entered into in Larimer County, Colorado. All disputes arising out of or related to these T&C, the services, or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Larimer County, Colorado, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
XV. ENTIRE AGREEMENT
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these T&C shall be valid unless in writing and accepted by each party, notwithstanding and subject to Section 2, above. The waiver of, delay to, or failure to enforce a breach of any term hereof shall in no way be construed as a future waiver of that term or a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING T&C. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SITE, YOU AGREE TO THE FOREGOING T&C, NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE T&C ARE A LEGAL AGREEMENT BETWEEN YOU AND ZI ZAI DERMATOLOGY. IF YOU DO NOT AGREE TO THESE T&C, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE SITE.