Terms of Use

WELCOME TO THE DR. PERRY SKINDUSTRIES, LLC WEBSITE, KNOWN AS DRPERRYS.COM. THE USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE POLICIES, THEN YOU SHOULD NOT USE THE WEBSITE AND SHOULD NOT PURCHASE PRODUCTS FROM THIS SITE.

THE INFORMATION PROVIDED BY THE DRPERRYS.COM WEBSITE IS INTENDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE INFORMATION IS NOT TO BE USED FOR MEDICAL DIAGNOSTIC PURPOSES AND IS NOT INTENDED TO SERVE AS A RECOMMENDATION FOR TREATMENT AND/OR MANAGEMENT OF ANY MEDICAL OR SURGICAL CONDITION. THIS INFORMATION SHOULD NOT BE USED IN PLACE OF A PHYSICIAN. IF YOU ARE IN NEED OF MEDICAL ADVICE, OR IF YOU BELIEVE YOU HAVE A MEDICAL CONDITION, PLEASE CONTACT YOUR PHYSICIAN IMMEDIATELY.

It is important to understand that this website is a commercial site that creates and markets skin care products. This is not a medical website, and this is not the website of any medical practice, including the practice of Dr. Arthur Perry.

 

Accuracy of information

We attempt to be as accurate as possible on this website. However,we do not warrant that the product descriptions, colors or other content available on the website is accurate, complete, reliable, current, or error-free. If a product offered on this website is not as described, your sole remedy is to return it, unopened, in unused condition.

 

Intellectual property

All content available on the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, banal humor, and software, and the compilation thereof (the "content") is the sole property of either Dr. Arthur Perry or Dr. Perry Skindustries, LLC, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the website (collectively, the "trademarks") are the registered and unregistered marks of Dr. Perry Skindustries, LLC, in the United States and other countries, and are protected by United States and international trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Dr. Perry’s, Dr. Perry’s NightThyme, Dr. Perry’s CleanThyme, Dr. Perry’s DayThyme and Dr. Perry’s SoftThyme, and others mentioned on this site, are all trademarks of Dr. Arthur Perry. Except as set forth in the limited license section below, or as required under applicable law, neither the content, the trademarks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

 

Use Restriction

You may access and make personal use of the website, but you may not use this site for any commercial or political purpose.. Please note that you may not frame or utilize framing techniques to enclose the website or any portion thereof without our prior written consent.

You do not have the right to: (i) modify or download the website or its contents (except caching or as necessary to view content); (ii) make any use of the website or it’s content other than personal use; (iii) create any derivative work based upon either the website or it’s content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the trademarks without our express prior written consent; or (vi) use software robots, spiders, (scorpions?) crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You may create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our website (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any trademark without express prior written permission; and (vii) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the website terminates the limited license set forth without prejudice to any other remedy provided by applicable law.

 

Personal use only

The products and services available on this site, and any samples that we provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our terms and conditions.

 

Credit cards accepted

Only Credit cards issued by United States banks are allowed and credit cards are the only form of payment accepted.

 

Fraud protection

We reserve the right to refuse to process an order made on this website due to suspected fraud or unauthorized or illegal activity.

 

Coupons and Discounts

Dr. Perry Skindustries, LLC and Dr.Perrys.com reserves the right to cancel any promotions or discounts without notice. Only one discount. coupon, or promotion may be used per order. Sorry, but that means if there is a 33% off coupon and there is also a "buy 2, get 1 free" promotion, you must choose between the two promotions. This isn't government, and so you won't be able to "double dip"...

 

Accounts

If you choose to create an account on this site, you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers. You agree to notify us of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

 

Posting rules

You agree to abide by the following rules when posting material and content on this website, including via the comments section of the blog.

• You are solely responsible for any statements that are posted using your account;
• You will not post or upload any material or links to material (including, but not limited to text, content, photos, video, animation, graphics, audio, or software) that is libelous, harassing, or disruptive, that violates any applicable law, or that would constitute grounds for civil or criminal liability;
• You will not post advertisements, chain letters, charity requests, petitions for signatures, or any solicitation of other users that is inappropriate;
• You will not violate, misappropriate, or infringe on, the rights of third parties, including, copyright, trademark, trade secret, privacy, personality, publicity, or other intellectual property or proprietary rights; you acknowledge that any materials you upload are, and will be treated as, non-confidential and non-proprietary; and you represent that you have the right to post all materials that you post on this website and the right to permit downloading of all such materials by other users for personal use;
• We reserve the right, but are not obligated, to remove or modify any material posted to this website in violation of these Terms of Use.
• If you encounter materials on this website that you believe violate these policies, please contact us directly by clicking on this e-mail link: customerservice@drperrys.com
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Third party sites

You may be able to link to third party Web sites ("Third Party Sites") from this site. We are not responsible for the content, availability, advertising, products, services or other materials of any such Third Party Sites, or any additional links contained therein. We cannot ensure that you will be satisfied with any products or services that you purchase from Third Party Sites, since such sites are owned and operated by independent third parties. We do not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Third Party Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Third Party Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Third Party Sites or the information or material accessed through these Third Party Sites. You should direct any concerns to the administrators or webmasters of these respective Third Party Sites. We reserve the exclusive right, at our sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Third Party Sites from our site and/or introduce different features or links to different users.

 

Representations and warranties; limitation of liability

The website is presented "as is." we make no representations of warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, including but not limited to warranties or merchantability, non-infringement or fitness for a particular purpose, unless such representations and warranties are not legally excludable. You agree that we will not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failure or malfunction which may occur in connection with your use of the website, including during hyperlink to and from third party websites; or (f) events beyond our reasonable control.

We will not be liable for any indirect, special, incidental or consequential damages of any kind (including lost profits) related to the website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

 

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorney’s fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

Disputes

With respect to any dispute regarding the website, your rights and obligations and all actions contemplated by these terms of use shall be governed by the laws of New Jersey, as if the terms of use were a contract wholly entered into and wholly performed within New Jersey. Any dispute relating in any way to your visit to the website shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms of use & copyright shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction to the fullest extent permitted by applicable law, no arbitration under these terms of use shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

 

General

You acknowledge and agree that these terms of use, together with our privacy statement, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these terms of use at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these terms of use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

Nothing contained in these terms of use & copyright shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these terms of use & copyright unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these terms of use, please contact us by email at:  customerservice@drperrys.com