Terms & Conditions

Last Updated: May 26, 2025

INTRODUCTION

Welcome to Dermal Systems Inc. and Rene Serbon (collectively, "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our websites at www.dermalsystems.com, www.reneserbon.com and www.dermaviduals.ca (collectively, the "Websites"), as well as any products, services, content, features, technologies, or functions offered on or through our Websites (collectively, the "Services").

Please read these Terms carefully before using our Websites or Services. By accessing or using our Websites or Services, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, please do not access or use our Websites or Services.

CHANGES TO THESE TERMS

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

ELIGIBILITY

You must be at least 16 years old to use our Websites and Services. By using our Websites and Services, you represent and warrant that you meet this eligibility requirement and that you have the legal authority to accept these Terms.

ACCOUNT REGISTRATION

Some features of our Websites and Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

We reserve the right to disable any user account at any time, including if you have failed to comply with any of the provisions of these Terms or if activities occur on your account that we determine to be illegal, harmful to others, or potentially damaging to our reputation or business.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Dermal Systems Inc., Rene Serbon, our licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Websites and Services for your personal, non-commercial use. This license does not include any resale or commercial use of the Websites or Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Websites or Services or their contents; or any use of data mining, robots, or similar data gathering and extraction tools.

Restrictions

You must not:

Modify copies of any materials from the WebsitesUse any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying textDelete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the WebsitesAccess or use for any commercial purposes any part of the Websites or any services or materials available through the Websites

Trademarks

The Dermal Systems name, the Rene Serbon name, and all related names, logos, product and service names, designs, and slogans are trademarks of Dermal Systems Inc., Rene Serbon, or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.

USER CONTRIBUTIONS

Content Standards

The Websites may contain features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions"). All User Contributions must comply with these Terms and must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionablePromote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or ageInfringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any personViolate the legal rights of others or contain any material that could give rise to civil or criminal liability under applicable lawsBe likely to deceive any personPromote any illegal activity or advocate, promote, or assist any unlawful actImpersonate any person or misrepresent your identity or affiliation with any person or organizationInvolve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertisingGive the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

License to User Contributions

By posting User Contributions on the Websites, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Contributions throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license above.

Monitoring and Enforcement

We have the right to:

Remove or refuse to post any User Contributions for any or no reasonTake any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretionDisclose your identity or other information about you to any third party who claims that material posted by you violates their rightsTake appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the WebsitesTerminate or suspend your access to all or part of the Websites for any violation of these Terms

PRODUCTS AND SERVICES

Product Information

We strive to provide accurate information about our products and services. However, we do not warrant that product descriptions or other content on the Websites are accurate, complete, reliable, current, or error-free. If a product or service offered through our Websites is not as described, your sole remedy is to return it in unused condition or discontinue use of the service.

Pricing and Availability

All prices displayed on the Websites are subject to change without notice. We reserve the right to modify or discontinue any product or service without notice at any time. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of any product or service.

Orders and Payment

When you place an order through our Websites, you are making an offer to purchase the products or services at the listed price. We reserve the right to accept or decline your order for any reason. After we receive your order, we will send you an email confirming receipt of your order. This email confirmation will constitute our acceptance of your order and will form a binding agreement between you and us.

Payment for all orders must be made by credit card or other payment methods we make available. By submitting your payment information, you authorize us to charge your payment method for the total amount of your order, including any applicable taxes and shipping charges.

Shipping and Delivery

We will arrange for the shipment of the products to you. You will pay all shipping and handling charges unless otherwise specified. Title and risk of loss to all products will pass to you upon delivery to the shipping carrier. We are not responsible for any delays or issues with shipping once the products have been delivered to the shipping carrier.

Returns and Refunds

Our return and refund policies are outlined separately on our Websites. By purchasing products or services from us, you agree to be bound by these policies.

DISCLAIMER OF WARRANTIES

THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DERMAL SYSTEMS INC. NOR RENE SERBON NOR ANY PERSON ASSOCIATED WITH DERMAL SYSTEMS INC. OR RENE SERBON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES OR SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER DERMAL SYSTEMS INC. NOR RENE SERBON NOR ANYONE ASSOCIATED WITH DERMAL SYSTEMS INC. OR RENE SERBON REPRESENTS OR WARRANTS THAT THE WEBSITES OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, DERMAL SYSTEMS INC. AND RENE SERBON HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DERMAL SYSTEMS INC., RENE SERBON, OR THEIR AFFILIATES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES OR SERVICESANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITESANY CONTENT OBTAINED FROM THE WEBSITESUNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENTWHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE

IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO US IN THE PAST SIX MONTHS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Dermal Systems Inc., Rene Serbon, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Websites or Services, including, but not limited to, your User Contributions, any use of the Websites' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Websites.

GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Websites shall be instituted exclusively in the courts of the Province of British Columbia, Canada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the Canadian Arbitration Association applying British Columbia law.

WAIVER AND SEVERABILITY

No waiver by Dermal Systems Inc. or Rene Serbon of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms 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 will continue in full force and effect.

ENTIRE AGREEMENT

These Terms, our Privacy Policy, and any other agreements or policies referenced herein constitute the sole and entire agreement between you and Dermal Systems Inc. and Rene Serbon regarding the Websites and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites and Services.

CONTACT INFORMATION

Questions or comments about the Websites or these Terms may be directed to:

Dermal Systems Inc.

102-197 Warren Avenue East

Penticton, BC, V2A 8N8, CANADA

+1 236-422-2200

Email: [email protected]