Welcome to metamorphmdb.com and our related websites that link to these Terms (collectively, the "Website"), owned and operated by MetamorphMD™ Beauty, PLLC ("MetamorphMD," "we," "us," or "our"). These terms and conditions (the "Terms") govern your use of the Website and MetamorphMD's services, applications, and content (collectively, the "Site") and your purchase, receipt, or use of our skincare products made available through the Site (collectively, the "Products").
PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE OR USE OUR PRODUCTS.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
MetamorphMD reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Site. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Products.
Account Creation & Eligibility
You may use the Site only if you can form a binding contract with MetamorphMD, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. In order to purchase from the Site you must complete the registration process to obtain a user account. To do this, you will be required to provide your name and e-mail address. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms by reference.
When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you, and no one else, will use your account. You agree to contact MetamorphMD immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless MetamorphMD from any damages that arise out of or in relation to use of your account.
Terms of Sale
Orders, Pricing & Payments
MetamorphMD strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. The displayed colors of the Products depend upon the monitor of the user, and MetamorphMD cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. Your order is subject to cancellation by MetamorphMD, in MetamorphMD's sole discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Unless otherwise agreed to by MetamorphMD, payment must be received by MetamorphMD prior to MetamorphMD's acceptance of an order.
Quantity Limitations & Restrictions
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Please note that certain orders constitute improper use of the Site and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.
Resellers Prohibited
We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, a "reseller" is anyone who purchases a product(s) from the Site for the purpose of engaging in a commercial sale of that same product(s) to a third party. Products you purchase may not be resold or exported; your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.
Shipping
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Please refer to our FAQ page for more information regarding shipping.
Taxes
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. You are responsible for sales and other taxes associated with the order.
Returns & Exchanges
Please refer to our FAQ page for information regarding returns and exchanges.
Product Disclaimer
All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Site before using or relying on them. Your physician or health care practitioner should address all medical questions, concerns and decisions regarding the possible treatment of any medical condition. MetamorphMD does not give or intend to give any answers to medical-related questions. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Security Rules
Violations of system or network security may result in civil or criminal liability. MetamorphMD investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging on to a MetamorphMD server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "email bombing" or "crashing" the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.
Prohibited Uses; Access
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which is limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, images, photographs, graphics, and the HTML used to generate the pages is MetamorphMD's property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws.
Proprietary Rights
As between you and MetamorphMD, MetamorphMD is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the content on the Site, unless otherwise indicated. The MetamorphMD logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the "Intellectual Property") are owned by MetamorphMD and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without MetamorphMD's prior written permission.
User Content; Social Media Agreement
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us (collectively "User Content") shall be deemed non-confidential and non-proprietary.
By submitting or posting any User Content, you grant to MetamorphMD a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content.
Disclaimer of Warranties; Limitation of Liability
THE SITE AND ALL PRODUCTS AND CONTENT MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, METAMORPHMD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL METAMORPHMD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE PRODUCTS. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS AT ISSUE.
Indemnification
You agree to indemnify, defend, and hold harmless MetamorphMD and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from your use of the Site or your violation of these Terms.
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively through binding arbitration in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association.
Contact Us
If you have questions about these Terms of Service, please contact us:
MetamorphMD™ Beauty, PLLCEmail: hello@metamorphmdb.com