Terms of service

PLEASE CAREFULLY READ THE FOLLOWING. 

By using this website (the “Website”), which is the exclusive property of Immanence Integrale Dermo Correction inc. (“we,” “our,” the “Company”), you expressly acknowledge and agree to the following terms of use (the “Terms of Use”) which govern your use of the Website. If you do not agree to these Terms of Use, please leave the Website immediately and disregard all information contained therein. The Company reserves the right to modify these Terms of Use at any time; such changes will take effect immediately and be incorporated into the Terms of Use.

USE RESTRICTIONS AND JURISDICTION

All information and images contained on the Website may not be used by any person within any country or jurisdiction where such use could constitute a violation of applicable national law. In such cases, you are forbidden from using or accessing any information or images, of any nature whatsoever, on this Website. We cannot be held responsible for any damages or losses related to the use of this Website. This Website has been designed for users accessing it from Canada. Moreover, these Terms of Use shall be governed exclusively by the laws of the province of Quebec and the federal laws of Canada applicable therein, without regard to any principles of conflicts of law. Any litigation, recourse, or claim arising from or in relation to these Terms of Use shall be submitted to a court of competent jurisdiction in the judicial district of Montreal, province of Quebec, Canada.

GENERAL DISCLAIMER

The Website is provided “as is” and “as available,” without any warranty of any kind, express or implied, including but not limited to warranties of merchantability or suitability for a user’s particular purpose; Website content, operation, third party links, or other communications; or errors, corrections, or defects, interrupted or intercepted communications, loss of data, viruses, or any other potentially harmful element. 

We make no representation or warranty, express or implied, and assume no responsibility for the truth or accuracy of, or for any errors or omissions with regard to, the information contained on the Website. While we make reasonable efforts to ensure that the content of this Website is accurate, we cannot guarantee that the content is error-free, up-to-date, or complete. We cannot under any circumstances be held responsible for any damages that may result from any errors on the Website.

Under no circumstances shall the Company or any of its subsidiaries or legal entities be held liable towards any party for any costs or damages, including any direct or indirect, consecutive, or intangible damages, or loss of income or profits, in connection with access to or use of this Website. This also applies to any inability to access the Website or use its functions or services, including browsing or downloading any information, data, text, images, or other information available on the Website, or through any other website linked to by this Website or linking to this Website.

It is the sole responsibility of the user of this Website, with the total exclusion of any liability to Company, to evaluate the accuracy, completeness, reliability, and relevance of any opinions given, services offered, or any other information provided. Under no circumstances should any information contained on the Website be interpreted or relied upon as professional advice or advice on a specific situation. 

INTELLECTUAL PROPERTY

Unless otherwise expressly stated, all content displayed on the Website, including but not limited to any registered or unregistered trademark, logo, information, graphic image, function, service, layout (including “look and feel”), text, code, sound, music, or video, is the exclusive property of the Company or is duly used under license by the Company, and is protected by applicable intellectual property legislation or the provisions of any other relevant legislation, in Canada and abroad. They may not be copied or distributed, in whole or in part, without the prior written consent of the Company.

Moreover, you acknowledge that you are not permitted to (i) create derivative works based on this Website or on any material and/or content contained therein, (ii) use the Website or any material and/or content therein for commercial purposes; (iii) remove any notices regarding copyright or other ownership notices from the Website and/or the content contained therein; (iv) circumvent any encryption or other security tool used anywhere on the Website; (v) use any data mining tool, robot, spider, or similar tool to collect and extract data from the Website; or (vi) decompile, reverse engineer, modify, or disassemble any aspect of the Website.

However, you may download or print any of this Website, exclusively for personal and non-commercial use, provided that you retain all acknowledgements of the intellectual property of the Company or of the rights holders in question.

HYPERLINKS

The Website may contain hyperlinks to other websites, which are provided exclusively for informational purposes and in order to provide a service. On this matter, the Company disclaims any liability or obligation of any nature whatsoever regarding any third-party website linked to by this Website (or any link to this Website from another website), including the content and operation of these third-party websites. The Company does not review or control such links. Certain websites may be hosted outside of your country, and therefore be subject to different laws and regulations.

A link from this Website to another website (or a link from another website to this Website) does not in any way constitute a reference, endorsement, approval, advertisement, offer, or solicitation with regard to the other website, its content, or the products and services advertised or provided on it. The Company assumes and believes that the links it provides to other universally accessible websites, web pages, discussion forums, or any other source are permitted by law and entirely consistent with the normal and usual expectations of Internet users.

CONFIDENTIALITY OF INFORMATION SUBMITTED TO THE COMPANY

The Company will take all reasonable measures to ensure the integrity and security of the information obtained from Internet users via the Website, and to avoid any unauthorized access to and use of such information. To this end, the Company regularly reviews its security measures.

Any information submitted to the Company through the Website, other than personally identifiable information, is presumed to be non-confidential. Personally identifiable information is only used to answer your questions or to market the Company’s products and services. 

Communication via the Internet is subject to interception, loss, or alteration. Therefore, you acknowledge that all information or material that you provide electronically through your access to or usage of this Website is not confidential or proprietary, except as may be required under applicable law, and that unprotected Internet email communications may be intercepted, altered, or lost.

While we take commercially reasonable security measures, no security system is foolproof. Therefore, to the extent permitted by law, we cannot guarantee that any information provided will not be lost, misused, or altered, and we assume no liability for the information you provide regarding its use or its misuse by you or by third parties. You must always be vigilant in the processing and disclosing of your information, which includes refraining from sending such information via unsecured email.

We encourage you to consult our privacy policy, which governs the collection, use, and disclosure of your personal information.

USER BEHAVIOUR

You undertake to refrain from using the Website for any purpose that is unlawful or otherwise prohibited under these Terms of Use. You further undertake to refrain from using the Website in any way that may cause harm to the Website or to our products, services, or business activities.

Specifically, and without limitation, you undertake to refrain from using the Website to:

• Write or send illegal, threatening, abusive, libellous, obscene, pornographic, blasphemous, or otherwise reprehensible information, by any means whatsoever, including but not limited to messages showing or promoting behaviours that could constitute a breach of law or violate a national or international right;
• Write or send data infected with a virus (worm or Trojan Horse) or any other potentially harmful element;
• Interfere with the operation of this Website, or hinder or prevent another person from using this Website;
• Write, publish, send, reproduce, distribute, or use any information, software, or other material obtained through this Website for commercial purposes without the prior written consent of the Company.

In the event of a breach of these Terms of Use, the Company reserves the right to take legal action and claim damages from the offending party to the full extent of the law.

BREACH AND INDEMNITY 

Subject to the provisions of all applicable laws, you hereby agree to indemnify and hold harmless the Company and its employees, officers, directors, and agents should you violate these Terms of Use. Such indemnity shall cover all costs, payments, losses, loss of profits, or any other direct or indirect damages, including legal costs, monetary or non-monetary, that may result from or relate to your use or misuse of the Website, breach of these Terms of Use, conduct, or actions.

SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website in order to perform maintenance. You acknowledge that your access to the Website may be affected by unplanned or unanticipated unavailability, for whatever reason, and that we can under no circumstances be held responsible for any damage or loss resulting from this unavailability.

SEVERABILITY

If any provision in these Terms of Use is determined to be unlawful, unenforceable, or null and void, in whole or in part, the unenforceable provision will not affect the validity and enforceability of the other provisions.

TRANSACTIONAL PAGE SETTINGS

PRODUCT AVAILABILITY  

Prices and product availability may change without notice and are subject to stock availability. If any of the ordered products becomes out of stock after the transaction is finalized, we will send you a notice by email, and the out-of-stock product will be removed from the order, and its price will be refunded to you. 

ERRORS ON OUR SITE  

While we are very careful to ensure the accuracy of the information on this Site, display errors (price, description, availability, etc.) may occur. We assume no responsibility for errors or omissions in the content of this Site, including information related to product descriptions, their prices, and availability. The Company reserves the right to correct, modify, or update the displayed information on this Site at any time without notice. If such a situation occurs, rest assured that we will correct the incorrect information as soon as possible and will contact you if you have already placed an order affected by such an error. The only recourse you have regarding a purchase made through our Site affected by a display error is to request the cancellation of your order and obtain a refund.

ORDER CONFIRMATION  

When you make a purchase through our Site, the Company will give you the opportunity to confirm, modify, or cancel your order before the purchase. The confirmation page will contain:

• Our contact information;
• A detailed description of the goods sold;
• The price of each good, related fees, and applicable taxes;
• The total cost of your purchase;
• A description of any additional charges that might be required by another merchant and which cannot be reasonably calculated, if applicable. This could include customs duties and brokerage fees;
• Payment terms;
• Delivery time and, if applicable, delivery method, carrier name, and delivery location;
• Conditions for cancellation, merchandise return, exchange, or refund, if any.

It is your responsibility to ensure the accuracy of your order before confirming it. When you accept the order, subject to these terms, we are under no obligation to offer a cancellation, merchandise return, exchange, or refund if you made an error when confirming your order.

PRICES, SALES TAXES, AND PAYMENT  

The prices displayed on the Site are in Canadian dollars (CAD$), do not include sales taxes (GST, QST, or HST), and are subject to change without notice. The official amount of your order, including taxes, will be displayed on the confirmation page of your order placed on the Site.

We only accept payments by credit cards issued in Canada by Visa™ and MasterCard™. Payment must be made and received by us before processing your order.

DELIVERY  

Please allow between 5 to 10 business days to receive your order. If the delivery of your product takes longer due to its availability or a delivery delay, we will notify you of such a delay by email. The Company disclaims any liability for stock shortages and for any damage resulting from or caused by any delivery delay.

CONFIRMATION OF YOUR TRANSACTION  

Within 15 days after completing any transaction made on the Site, we will send you an order confirmation email, including the date of your purchase, the total price of your order, and the detailed terms of the transaction.

We reserve the right to cancel the transaction without needing to provide justification. If we cancel your transaction, a notice will be sent to the email address provided. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed by merchants, resellers, or distributors. Typically, when we cancel a transaction, we do not charge your credit card. Otherwise, we will refund that amount, or a corresponding credit will be applied to your credit card.

REFUND AND EXCHANGE  

For a refund or exchange, the product must be in the same condition as originally received. It should not be used, worn, or degraded and must be returned in its original packaging. Items that are opened, damaged, or not in a resalable condition may not be eligible for a refund or exchange. Return shipping costs must be borne by you.

You have 21 days to request a refund or exchange. If a refund is requested according to our policy, such a refund will be offered only as a credit applied to your payment method (credit card). 

Online exchanges will only be made based on product availability.

IDC Dermo Messaging Terms & Conditions

IDC (hereinafter, "IDC," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy.

By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. In arbitration there is less discovery and appellate review than in court. Please review carefully.

By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, and other news or information from Us and not because of a desire or intent to initiate litigation or bring legal claims against any party. If you have requested to receive messages with a desire to bring legal claims against Us or any vendors acting on our behalf, then you shall immediately unsubscribe using the instructions set forth below and agree to indemnify Us and/or those vendors for any expenses, including attorneys’ fees, associated with defending such claims.

This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In.

1. Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from IDC, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You further consent to receiving messages that include artificial or prerecorded voices. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
2. No Time of Day Restrictions. While efforts are made to limit the delivery of messages outside of reasonable hours for most consumers, you understand and agree that We do not have the ability to target messages based on geographic location because federal law and privacy concerns prevent a consumer’s real-time location data from being shared with Us or our vendors by your wireless carrier. Further, technical issues, such as network congestion or your phone being disconnected from your wireless service, can result in messages being delivered at unexpected times. Therefore, you agree that your consent to receive marketing text messages includes consent to the delivery of such messages 24-hours per day. Your consent supersedes any state or federal regulation that might otherwise restrict the delivery of such messages and you waive any such claims.
3. Consent to Receipt of Electronic Information and E-Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing messages. By opting-in to Our messaging program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at info@idcdermo.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
4. Disclosure of Data and Receipt of One Time Messages to Identify Device and Prevent Fraud. You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, IDC or Our service provider(s), including Stodge Inc. dba Postscript, to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud. Further, you consent to the transmission of one-time passcodes or other messages to confirm your intent to subscribe to our recurring message program. See our Messaging Privacy Policy for how we treat your data.

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that IDC and its service providers will not have liability for failing to honor requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be deemed to be reasonable methods of opting out. Our Do Not Call Policy is attached to these Terms of Service as Appendix A.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, IDC Terms of Service and IDC Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.

5. AI-Generated Message Content: You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. This may include AI-generated voices. Some of these messages may be tailored to your interests based on information available to Us. By enrolling and remaining in the program, You agree to the use of AI and further that Our use of these AI services does not make those third-parties either senders or initiators of the messages or otherwise responsible for the messages.

6. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

7. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at info@idcdermo.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

8. RCS and MMS Disclosure. The Program may send SMS or MMS messages if your mobile device does not support RCS. The Program will send SMS messages if your mobile device does not support MMS messaging.

9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

10. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. IDC, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

11. Contact. This Program is a service of IDC, located at 229 Chem. des Quatre-Bourgeois, Québec G1W 0C1, CA.

12. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

13. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

14. State Telemarketing Law - Residence: To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey’s Senate Bill 921 (2023), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with federal and state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Program, the area code for the phone number used to opt-in to the Program is an area code associated with that state. Further, You agree that You will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us. You further agree that any mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “commercial telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales call”, “telephone solicitation”, or “unsolicited telemarketing sales call” for purposes of federal and state laws, to the extent the law is otherwise relevant and applicable.

15. Subscribers Located in Texas: Insofar as Texas law applies to your receipt of one or more text messages, and for purposes of applying Texas Business & Commerce Code Sections 302.058 and 302.059, the parties agree to the following construction. First, the word “customer” shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Customer shall not be interpreted to require the purchase of a product or service. Second, the word “establishment” shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Establishment shall not be interpreted to require the operation of a physical store, but rather shall include establishments that sell goods and services through an online store.

16. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).

Our Customer Service Specialists are ready to assist you and address your concerns—email us at: info@idcdermo.com.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR IDC WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Binding Individual Arbitration: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute will be, to the fullest extent permitted by law and applicable rules, determined by arbitration before one arbitrator, provided, however, that no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and Conditions and our relationship with you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues that relate to the scope, validity, and enforceability of the Agreement. You and IDC agree that these Terms and Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

Mandatory Informal Dispute Resolution Process. If you and IDC have a Dispute, you and IDC agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any phone number(s), transaction(s), or account(s) at issue; and (b) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).

If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: info@idcdermo.com or by mail to: 229 Chem. des Quatre-Bourgeois, Québec G1W 0C1, CA. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you or, if we do not have a mailing address on file, you authorize us to text you at the phone number we have available to seek your mailing address.

For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a IDC representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.

If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or IDC may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or IDC commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.

Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).

Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations. The following rules and procedures shall apply:

• Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/. Please review these procedures carefully because they may impact how your complaint is handled and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court.
• When You initiate arbitration, the only fee You are required to pay is New Era’s consumer filing fee, which is currently a maximum of $300 for a consumer. All other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorney’s fees is warranted under applicable law.
• Mass Arbitration Provisions:
• New Era ADR’s rules and procedures include unique procedures for “mass arbitrations,” which are situations in which five (5) or more cases are filed that arise out of common issues of law and fact and are brought by the same law firm or group of law firms. Mass arbitration procedures are designed to provide for a more cost-effective resolution of disputes. Those mass arbitration procedures call for a limited number of cases to be treated as “bellwether” cases to be resolved on the merits earlier than other cases. The outcome of bellwether cases may be treated as precedent in evaluating the remaining cases. You understand and agree that these Procedures for Mass Arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and New Era ADR’s resources.
• Only the presiding Neutral may make determinations of fact or reach conclusions of law with respect to a Mass Arbitration Proceeding. Ultimate authority to determine whether cases arise out of Common Issues of Law and Fact rests with the presiding Neutral. If the presiding Neutral determines that one or more cases assigned to a Mass Arbitration Proceeding do not arise out of Common Issues of Law and Fact, or otherwise do not meet the definition of a Mass Arbitration, each such case will be removed from the Mass Arbitration Proceedings. Each party will select one “Bellwether Case” from all the cases that were filed. Those Bellwether Cases will proceed individually, but in parallel to the extent possible. The Neutral will issue a reasoned Lead Decision in each Bellwether Case. Although a Neutral may consider the analysis and result reached in prior Lead Decisions in deciding disputes in the same Mass Arbitration proceeding the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding, giving due consideration to the facts and arguments advanced by the Parties in each case.
• New Era ADR’s rules and procedures provide parties to mass arbitrations with the right to obtain certain information relating to bellwether cases and decisions that may impact their cases. You are encouraged to review those rules closely to understand how your rights may be impacted.
• If any provision of this Agreement is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision shall be deemed unenforceable.
• The arbitrator shall be selected pursuant to New Era ADR's standard rank and strike process, as set forth in New Era ADR's General Rules and Procedures.
• Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state and Federal Judicial Circuit in which IDC's principle place of business is located, without regard to its conflict of laws rules.
• By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Dispute Resolution provisions of this agreement and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.
• The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys’ fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
• The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. In the event of a Mass Arbitration, the parties agree that, for the sake of efficiency, an arbitrator’s written decision may address some or all of the cases jointly. However, a written decision that jointly addresses some or all of the cases does not conflict with the requirement that the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding.
• Notwithstanding anything contained in the New Era ADR rules, the decision of the arbitrator shall be final and binding on both parties, but either party shall have rights of appeal expressly provided in section 10 of the FAA.
• Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if IDC makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 229 Chem. des Quatre-Bourgeois, Québec G1W 0C1, CA, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and IDC.

No class actions or juries. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND IDC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding EXCEPT as provided in this Agreement.

Invalidity and Survivability. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary, you and we agree that if IDC makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to IDC at 229 Chem. des Quatre-Bourgeois, Québec G1W 0C1, CA. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.

17. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Appendix A

IDC
Do Not Call Policy: Text Messaging

Regulatory Summary Regarding The Telephone Consumer Protection Act (TCPA)

The federal Telephone Consumer Protection Act (TCPA), related FCC regulations, and related court interpretations protect consumers from specific types of telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(13). The TCPA imposes requirements for cold calls, prerecorded sales calls, and the use of autodialers. The TCPA also authorized the creation of the National Do Not Call Registry as well as internal Do Not Call lists. Various states have also adopted their own telemarketing laws.

IDC is committed to complying with federal and state Do Not Call laws. This policy relates specifically to our compliance with those requirements for the purposes of sending SMS and MMS messages that constitute telemarketing. It is Our policy to not send telemarketing SMS and MMS messages to:

• Any telephone number, using an automatic telephone dialing system, for which we have not received prior express written consent, as defined by the Federal Communications Commission; and
• Any telephone number on Our Internal Do Not Call List.

We will maintain an Internal Do Not Call list and will promptly honor a request made in one of the following manners to place your telephone number Our Do Not Call list within a reasonable time of such request, not to exceed 10 business days from the date of said request. To be placed on Our Do Not Call list, you may:

• Reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. Any other language used may not be recognized by Our system which may result in the request to opt-out not being processed.
• Request to be put on Our list by contacting customer service at info@idcdermo.com and providing your name and telephone number.

Your telephone number shall be retained indefinitely on Our Do Not Call list unless you subsequently provide new prior express written consent to rejoin our SMS list. If you change your number, you must request for the new number to be put on Our Do Not Call list.

CONTACT US

If you have questions, you can contact us by email at info@idcdermo.com. We will make every effort to process your application quickly. 

LAST UPDATED: SEPTEMBER 1ST, 2023.