SECTION 1 Evalumind Policies and Procedures

 

1.1 Scope and Applicability

These Policies and Procedures govern the relationship between Evalumind, LLC (“Evalumind”) or any of its affiliates, subsidiaries, or related companies with any person or entity that engages in business as a DermaGRID Gold Member, Silver Member or any other Trial Memberships as made available through the offering of Evalumind products. Unless the context clearly indicates otherwise, the terms “you” and “your” refer to each DermaGRID Member that executes a Member Application and Agreement that is defined and accepted by Evalumind . Gold Members, Silver Members and other Trial Memberships may be referred collectively as “DermaGRID Members,” The terms “we”, “us”, “our” and the “Company” refer to Evalumind, LLC. These Terms, Policies and Procedures, in their present form and as amended from time to time at Evalumind’s discretion, are incorporated into and form a part of the Evalumind DermaGRID Member Application and Agreement. This includes all Trial Membership Applications and Agreements. All references to time frames are based on United States Eastern Standard Time (EST) unless otherwise stated. In the case of a dispute, these Policies and Procedures, as published and modified from time to time in English, shall be considered the standard for determining and resolving disputes and issues.

 

1.2 Amendments

Evalumind reserves the right to amend the terms and conditions of these Policies and Procedures and the Gold Member, Silver Member and other Trial Membership Applications and Agreements at any time, as it deems necessary. DermaGRID Members will be bound by any amendments upon notification of these amendments through any of Evalumind’s official channels of communication three (3) days after the posting of such notice. Those channels of communication include, but are not limited to, posting of information to the Evalumind Web site, e-mails to DermaGRID Members,  announcements in any official Evalumind newsletter or other publication or email to DermaGRID Members at the email address listed on the corresponding Member Applications and Agreements.

 

1.3 Invalid Terms

Should any portion of these Policies and Procedures, or the Member Applications and Agreements, or any other instruments referred to herein or issued by Evalumind be declared invalid by a court of competent jurisdiction, the balance of any such document and any of Evalumind's rules, applications, or instruments shall remain in full force and effect.

 

1.4 Waiver

Evalumind never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of Evalumind who is authorized to bind Evalumind in contracts or agreements specifies explicitly in writing that Evalumind waives any of these provisions. In addition, any time Evalumind gives permission for a breach of the rules, that permission is specific to the single occurrence, unless otherwise stated, and does not extend to future breaches. This provision deals with the concept of “waiver”, and the parties agree that Evalumind does not waive any of its rights under any circumstances short of the written confirmation alluded to above.

 

1.5 Company Use of Applicant Information

The DermaGRID Member applicant hereby consents to allow Evalumind, its affiliates and any company owned in whole/part or any of Evalumind’s affiliates, to process and utilize the Applicant information as submitted in the signed Member Application and Agreement (or as same may be amended from time to time) for business purposes related to the Evalumind business. The DermaGRID Member has the right of access to their personal Application information and to request updates and amendments. The DermaGRID Member hereby consents to Evalumind disclosing, now or in the future, such Application information to companies who Evalumind may, from time to time, deal with to deliver information to its Members to improve its marketing and promotional efforts.

 

1.6 Survival of Terms

The DermaGRID Member agrees that the provisions of this agreement pertaining to confidentiality, arbitration, use of the internet and the sale/resale of products will survive the termination of their relationship with Evalumind.

 

 

SECTION 2: DermaGRID Member Code of Ethics

 

As a DermaGRID Member:

 

2.1 I will be respectful of each and every person I meet while conducting DermaGRID business.

 

2.2 At all times I will conduct myself and my business in an ethical, moral, legal and financially sound manner (with honesty and fairness and an ethical and professional manner at all times.). I will not engage in activities that would bring disrepute to Evalumind or myself nor will I criticize Evalumind, its Management, other DermaGRID Members, their competitors or their products.

 

2.3 I shall not, by my actions, bring Evalumind or the images associated with its products or any industry third party that assists with the support of Evalumind products into disrepute.

 

2.4 I will be truthful in my representation of Evalumind products by making no medical, diagnostic, therapeutic, curative or exaggerated financial claims and by clearly stating all terms of sale and use. I understand any claim of diagnostic, cure or treatment or any prescription is strictly forbidden.

 

2.5 I will provide support and encouragement to my customers to ensure that their experience with Evalumind is successful and professional.

 

2.6 I will not undercut or discount prices on any Evalumind products or sales aids.

 

2.7 I will ensure that I operate and market my business in an ethical manner that does not compromise the opportunities available for other DermaGRID members.

 

2.8 I will not do or say anything that reasonably may be expected to have the effect of disparaging Evalumind or diminishing or impairing their goodwill and reputation for the services they provide, including but not limited to making statements that may negatively influence their referral sources and others who are involved in or affected by their services.

 

2.9 I will abide by all of Evalumind’s Terms & Conditions, Policies and Procedures now and as they may be changed in the future under any circumstances short of the written confirmation alluded to above.

 

2.10 I will continue to honor the confidentiality of Evalumind and other DermaGRID Members for all information I receive as a result of my relationship with Evalumind. This includes all information including but not limited to names, phone numbers, email addresses, mailing addresses, and any other contact information of individuals associated with Evalumind and all intellectual property that the DermaGRID Member is permitted to use as a result of their business relationship with Evalumind.

 

 

SECTION 3: DermaGRID Gold Membership

 

3.1 You become an DermaGRID Gold Member when your Gold Member Application and Agreement form has been received and accepted by Evalumind.  Evalumind reserves the right to refuse any application, and will not be responsible for delays in processing any applications that are illegible or incomplete.

 

  3.1.2 All applicants requesting a DermaGRID Gold Membership must provide a valid credit card that will be used for the following payments:  a) Initial Activation Fee – where applicable and b) initial and ongoing Monthly Membership Fee.  Prices for any and all fees are subject to change at the discretion of Evalumind.

 

  3.1.3 You may not use “Evalumind” or “DermaGRID.com” or any derivative or confusingly similar variation of its trademarks or trade name on the web address for your website, company name, personalized marketing material, username, or recognition name. Evalumind has determined a list of words that are prohibited from use in the aforementioned fields including but not limited to catalogue, online, wholesale, retail, order, and buy. If you feel you have been wrongfully denied use of your legal name you may appeal to the designated Evalumind personnel in charge of such appeals.  Such appeals should first be directed to Evalumind through an email sent to “support@dermagrid.com

 

  3.1.4 Evalumind may need to contact you periodically and an email address is the most efficient method to reach you. Should you choose to provide Evalumind with an email address it must be valid and it is your duty to update your information in our records with your most recent email address. As a DermaGRID Member you are required to provide Evalumind with an email address to receive notifications of items including but not limited to changes to your account and important company information.

 

3.2 Becoming a DermaGRID Gold Member

 

  3.2.1 You, as a DermaGRID Gold Member, are an independent contractor. You are not an agent, employee, partner, or joint venturer with Evalumind. You may not represent yourself as anything other than a DermaGRID Member. You have no authority to bind Evalumind to any obligation. You are responsible for paying your own income taxes, profit taxes and any other taxes or financial obligations required by laws of your citizenship and or residency. You must obey any and all applicable laws, as well as Evalumind rules and regulations pertaining to your independent Evalumind Membership or the acquisition, receipt, holding, selling, distributing or advertising of Evalumind products or opportunities.

 

  3.2.2 As a DermaGRID Gold Member, you are not agreeing to the sale of a franchise or a distributorship, and that there are no exclusive territories granted to anyone, and that no franchise fees have been paid, nor are you acquiring any interest in a security.

 

3.3 Indemnification

 

  3.3.1 The DermaGRID Gold Member agrees to indemnify and hold Evalumind, its officers, agents, and directors harmless from any claim, damage, liability or loss arising out of your activities as a DermaGRID Member.

 

  3.3.2 You understand and agree that should you execute personal business decisions to generate reports, order products, literature or other items from the company on behalf of any other person by authorizing the use of your Membership payment information you will be bound by the terms of this agreement regardless of any decision or actions taken by the person you are ordering for. You agree to hold Evalumind harmless from any dispute you or the company may have with this person due to your business decisions or actions.

 

  3.3.3 As a DermaGRID Gold Member, you are responsible for any verbal or written statements you make regarding Evalumind’s products that are not expressly contained in writing in the current Terms & Conditions, Policies, and Procedures or advertising and promotional materials provided by DermaGRID.com. You agree to indemnify Evalumind and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney’s fees, court or arbitration costs or lost business incurred as a result of any unauthorized representations that you make.

 

3.4 Member Eligibility and Restrictions

 

  3.4.1 You must be of legal age and legally competent in the jurisdiction in which you reside in order to become a DermaGRID Gold Member, Silver Member or any other Trial Membership, as defined by Evalumind. Legal age in the United States is eighteen (18) years old.

 

  3.4.2 A Corporation, Partnership or Trust may become a DermaGRID Member. Legal entities must submit certified copies of their formation documents and attest to the management and ownership of the entity or, in the case of a trust, the name of the Trustee and the Beneficiaries. The entity must also submit a certificate of good standing from the jurisdiction in which it was formed if such a certificate is provided by that jurisdiction. All of these documents must be submitted within thirty (30) days of the acceptance of the entity’s Membership Application and

Agreement. The authorized officer, agent or trustee must sign the Membership Application and Agreement form. The actions of corporate shareholders, officers, directors, agents or employees and the actions of partnership partners, agents or employees, which do not conform to  Evalumind’s policies shall be attributable to the entire corporate or partnership entity.

 

  3.4.3 An Unincorporated Businesses, Sole proprietor or partnerships may apply to become a DermaGRID Member. Evalumind reserves the right to review any such application prior to approval.  Evalumind reserves the right to consider and establish business to business agreements as part of the DermaGRID Member application process. All Business to Business agreements will be developed through direct negotiation and on a case by case basis.

 

   3.4.4 Evalumind, while allowing the above identified business entities to become a DermaGRID Member, will tie recognition to the primary applicant (signature on agreement) as the authorized representative of said entity. 

 

3.5 DermaGRID Silver Member and Trial Memberships

 

  3.5.1 DermaGRID Silver Memberships and all defined Trial Membership offers are available for a person who wishes to purchase Evalumind services.  You become a DermaGRID Silver Member or other Trial Membership participant when your Member Application and Agreement is received and accepted by Evalumind. DermaGrid Silver Members and all other Trial Memberships will be subject to the account requirements of 3.1.2.

 

   3.5.2 As a DermaGRID Silver Member or other Trial Membership you may elect to become a Gold Member and have your Membership converted into a Gold Membership by completing and submitting a Gold Membership Application and Agreement and pay the associated DermaGRID Membership price. Any discounts or extra initiatives that may be offered are solely at the discretion and authorization of Evalumind.

 

3.6 Activation Fee & Monthly Renewal

 

  3.6.1 Upon signing as a DermaGRID Silver Member or other Trial Membership, you may be charged a one-time activation fee.  This is not a reoccurring fee.  If your membership expires, is cancelled, or suspended for any reason, a Reactivation Fee may be required to reinstate your Membership status.  All Trial Memberships are subject to the terms and conditions as defined by the specific marketing campaign being made available by DermaGRID as approval by Evalumind LLC.

 

  3.6.2 As a DermaGRID Silver Member, you must renew your membership monthly in order to continue enjoying the benefits of Evalumind. If you do not renew, you will be unable to access the DermaGRID website to receive reports. Every month (on the acceptance date of your original application) a monthly renewal fee is due. As a convenience, Evalumind will automatically renew your Membership by charging a valid and most recently authorized credit or debit card. The cost of the monthly renewal fee is subject to change at the discretion of Evalumind. If you wish to convert your status from a DermaGRID Silver Member to DermaGRID Gold Member, you may be charged an associated activation fee.  Conversion from a DermaGRID Silver Membership to a DermaGRID Gold Membership will result in a corresponding change in the member’s ongoing monthly fee.  Individuals participating in any DermaGRID Trial Membership will be granted an initial and temporary capability to access DermaGRID reports in order to determine if a DermaGRID Gold or Silver Membership will be requested upon the expiration of the trial period offer.

 

 

SECTION 4: Ordering, Purchasing and Reselling Products

 

4.1 Initial Purchase

Individuals must choose to become either a DermaGRID Gold Member, Silver Member or other Trial Membership in order to join Evalumind, New members may be charged a one-time activation fee as part of establishing a valid Membership.  Trial Memberships will be acknowledged as valid for only the period of time indicated in the Trial Membership Offer.  For example, a Trial Membership offer may be made available to an individual for a period of five (5) days at no cost.  At the conclusion of the Trial Membership period the applicant must choose to either 1) Sign up as DermaGRID Member or 2) Decline the offer to become a DermaGRID Member.   DermaGRID Member accounts remain active as long as the required monthly fee is paid.  All Members must pay a monthly fee in order to keep their account active.  An active membership will allow an individual to submit data for reports.  The total number of reports that Gold and Silver or other Trial Memberships are authorized to submit is determined at the sole discretion of Evalumind.  Active Gold and Silver and other Trial Memberships are granted access to the DermaGRID.com website via password for the purposes of submitting data and the receipt of completed DermaGRID.com reports.

 

4.2 Inventory Purchases

Individuals are not required to purchase specific inventory from Evalumind as part of maintaining an active membership.

 

4.3 Payment

All DermaGRID Members may be required to pay an initial activation fee using a valid credit or debit card.  Monthly membership fees will also be charged to a valid credit or debit card held by the authorized account holder.  An expired credit or debit card must be updated immediately upon receiving an email notice from DermaGRID.com that the current card has expired.  Failure to maintain a valid credit or debit card within 30 days may result in a cancellation of DermaGRID.com membership status.  If a DermaGRID Member fails to provide updated credit or debit card information after 60 days of receiving notice from DermaGRID.com, their membership will be cancelled.

 

 

SECTION 5:  General Operating Policies

 

5.1 Confidential Information

In order to assist DermaGRID Members with promoting their business, the company provides a number of resources that can be made available upon request or are located on the official website.  This information includes, but is not limited to, marketing materials and testimonials related to the use of DermaGRID.com.  Members must acknowledge and agree that all such information is the property of Evalumind and must be held confidential. 

 

  5.1.1 The business relationships that Evalumind maintains with any of its vendors, manufacturers and suppliers is confidential.  DermaGRID Members may not contact directly or indirectly or speak to or communicate with any representative of any supplier or manufacturers associated with the company without the expressed authorization of Evalumind Management. Violation of this regulation may result in termination and possible claims for damages if the vendor’s association with Evalumind is compromised by said contact or actions.

 

5.2 Cross Sponsoring/Other Business Opportunities

A DermaGRID Member shall not sell DermaGRID.com products by any other method than those authorized by Evalumind in its terms and agreements.  Promotion of DermaGRID.com may not be undertaken as part of the marketing programs or opportunities utilized by other companies without the prior written consent of Evalumind management.

 

5.3 You may not use the DermaGRID.com customer network, or assist others, in using the resources provided by Evalumind to sell other products or services.  Misuse of such resources and materials is grounds for, but not limited to, termination of a DermaGRID Membership. 

 

 5.4 Product Claims are strictly prohibited. No DermaGRID Member may make any claims as to the diagnostic or therapeutic properties of Evalumind products.  In particular, a DermaGRID Member may not make any claims that the use of DermaGRID.com is useful or can help in the diagnosis, prevention, treatment or cure of any disease or condition.  Such statements can be perceived as medical claims and are totally against Evalumind policy and may be in violation of the United States Food & Drug Administration’s laws and regulations.  DermaGRID.com suggests that an individual should always consult their physician or health-care professional before starting any weight loss, wellness or fitness program.  Results of any and all DermaGRID.com scans and subsequent reports may vary and are random.  Attempts to misuse, manipulate or corrupt the DermaGRID.com scanning process is strictly prohibited and may result sanctions, penalties or immediate termination of membership.

 

5.5 DermaGRID Members will not represent that any Evalumind product or service has been approved or endorsed by any government department including but not limited to the United States Food & Drug Administration, Health and Human Services, hospital authority, health department or other relevant departments.

 

5.6 When making any approved product claims you must accompany the claim with the following disclaimer:

 

  5.6.1 “DermaGRID is for marketing and entertainment purposes.  It is designed to offer generalized wellness information and market products on ways to improve skin appearance.  These statements have not been evaluated by the United Stated Food & Drug Administration or relevant departments of the federal government. DermaGRID and all other Evalumind products are not intended to diagnose, treat, cure or prevent any disease.  Always consult your physician or health-care professional before starting any health or wellness program." 

 

5.7 Product Pricing is the responsibility of Evalumind. Evalumind reserves the right to adjust the price of its products or services at any time.

 

 

SECTION 6:  Advertising and Use of Company Name

 

6.1 Use of Trademarks, Copyrighted Materials and Intellectual Property.

Evalumind may license the use of its trademarks, trade-names copyrights or other types of intellectual property to DermaGRID Members, subject to the limitations herein and subject to the limitations of any licensing agreement.  A licensing agreement must be negotiated directly with Evalumind.

 

  6.1.2 DermaGRID Members may not use any Evalumind owned intellectual property or merchandise including but not limited to clothing, buttons, stickers, and coffee mugs.

 

  6.1.3 DermaGRID Members may not use any of Evalumind's current or after acquired trademarks and copyrights or any similar-but confusing- variations of its marks, in a manner that may possibly cause confusion, mistakes or deception as to the source of the products or services being promoted or advertised.

 

  6.1.4 A DermaGRID Member may not use Evalumind trademarks or any similar but confusing variation of its trademarks in a business name, e-mail address, internet domain name or sub-domain name, telephone number, Twitter or in any other address or title.

 

  6.1.5 A DermaGRID Member agrees to immediately re-assign to Evalumind any registration of the Company names, trade names, trademarks, or internet domain names registered or reserved in violation of this policy.  The provision of this section survive the termination of any DermaGRID Membership Agreement.  Failure to do so will result in immediate termination of the DermaGRID Membership.

 

  6.1.6 All authorized DermaGRID.com marketing resources can be made available upon request.  DermaGRID Members may not use DermaGRID.com trademarks on non-approved sales tools.

 

  6.1.7 Evalumind, at its sole discretion, will determine whether a variation of any of its trademarks is confusingly similar.

 

  6.1.8 DermaGRID Members shall not use Evalumind trademarks or copyrights in countries where it is prohibited.

 

  6.1.9 Evalumind literature, media & online resources are copyrighted by Evalumind and may not be duplicated without prior written consent.

 

 

6.2 Internet and Website Policy

Evalumind maintains an official corporate website for DermaGRID.com.  All DermaGRID Members must use the Evalumind provided website.  Third-party websites will not be allowed.  A DermaGRID Member may advertise on the internet by placing a pre-approved “Banner image” on websites that link directly to the DermaGRID.com official website.  All DermaGRID Members must implement and publish a privacy policy that protects any information gathered from being sold or used by anyone else.

 

  6.2.1 Evalumind will allow DermaGRID Members to maintain domain names with the sole purpose of directing customers to said website for the following reasons:

  a) referral of potential new members to DermaGRID.com and

  b) promotion of DermaGRID.com consultations. 

Within such domain names the DermaGRID Member may not use DermaGRID.com or any derivatives or confusingly similar variations of its marks, in a manner that is likely to cause confusion, mistakes or deception as to the source or sponsorship of the website.

 

  6.2.2 DermaGRID Members may not use DermaGRID.com or any derivatives or confusingly similar variations of its mark in a manner that is likely to cause confusion, mistakes or deception as to the source of the products and services advertised.

 

    6.2.2.1 A DermaGRID Member may not submit or use Evalumind or any derivative or confusingly similar variation of its name to an internet search engine or “pay per clicks” service.

 

    6.2.2.2 A DermaGRID Member may not post “DermaGRID.com” or any derivative or confusingly similar variation of   its name on any internet forum, social network, discussion group, news group or online auctions.

 

    6.2.2.3 A DermaGRID Member may not use DermaGRID.com trademarks or trade names in registering any business name, e-mail address, internet domain or subdomain name, web site text, meta-tag list, telephone number or in any other address or title in the United States or any other country.

 

    6.2.2.4 A DermaGRID Member agrees to immediately re-assign to Evalumind any registration of Evalumind names, trade names, trademarks or internet domain names registered or reserved in agreement.  Failure to promptly reassign any registration will result in suspension, termination and Evalumind may institute legal proceedings against the DermaGRID Member(s).

 

    6.2.2.5 Evalumind determines, at its sole discretion that a name is a derivative or is confusingly similar.  The DermaGRID Member agrees to immediately comply with Evalumind instructions for transferring the name.

 

    6.2.2.6 Electronic Mail Advertisements:  All advertisements sent via e-mail, telephone or facsimile must comply with all anti-spamming laws for the state or country where the intended recipient resides.  The DermaGRID Member is under obligation to research and comply with all laws concerning unsolicited commercial e-mail.

 

6.3 Marketing and Promoting DermaGRID Member Business: Telephone, Business Title, News Media and Print Advertisement

 

  6.3.1 Phone Etiquette: A DermaGRID Member may not answer a phone or have a recorded message only using the name “DermaGRID.com.”   DermaGRID Member greetings or messages may only state and must specifically state that they are a “DermaGRID.com Gold Member” or a “DermaGRID.com Silver Member” respectively.

 

  6.3.2 Phone Directory: A DermaGRID Member may place a text listing indicating their name in the white or yellow pages of a telephone directory followed by “DermaGRID.com Gold Member” or “DermaGRID.com Silver Member” respectively.

 

  6.3.3 Business Title:  If a DermaGRID Member selects a business title, the title must clearly state that the individual is a “DermaGRID.com Gold Member” or “DermaGRID.com Silver Member” respectively. A DermaGRID Member title may not imply that the individual is an employee or agent of Evalumind.  Each time the DermaGRID.com logo or name is used in writing and in relation to a DermaGRID Member the individual must identify him/herself as a “DermaGRID.com Gold Member” or “DermaGRID.com Silver Member” respectively.

 

  6.3.4 News Media:  DermaGRID Members are not permitted to contact the news media to promote DermaGRID.com products or services.  News Media include but are not limited to all forms of internet based journalistic communications such as blogs, forums and bulletin boards.  If contacted by the news media, DermaGRID Members are required to have the news media contact DermaGRID.com via e-mail at:  support@dermagrid.com.  Any interviews of DermaGRID Members by the news media must have prior approval and be coordinated through the Evalumind Corporate Office.  Any violations of these news media policies may result in immediate termination of Membership status.

 

  6.3.5 Print Advertisement:  Some DermaGRID Members may use classified advertising in newspapers to find customers.  The following rules apply:

 

    6.3.5.1 No advertisement may imply that a job or position is available

    6.3.5.2 No specific income or income claims can be promised

    6.3.5.3 Advertisements may not contain references to Evalumind, DermaGRID.com or its products

    6.3.5.4 DermaGRID Members may not use any of Evalumind’s trademarks or trade names.

 

  6.3.6 Print Advertisement:  DermaGRID Members must obtain prior written approval from Evalumind for all advertising.

 

 

6.4 Trade Shows

DermaGRID Members, with advanced written permission from Evalumind, may present DermaGRID.com at trade shows.  DermaGRID.com must receive a written request for participation in trade shows at least two (2) weeks prior to the specific show.  Only Evalumind products and/or opportunities may be offered in a trade show booth or setting.

 

6.5 Unsolicited Activities

The following activities are prohibited:  Automatic calling devices or “boiler room” operations, unsolicited e-mail broadcasts, fax broadcasts or electronic mail advertisements (e.g. spamming).

 

6.6 Release for use of Photo, Audio, or Video Image, and/or Testimonial Endorsement

  6.6.1  A DermaGRID Members grants Evalumind, its successors, assignees, employees and agents, the absolute and irrevocable right and permission, to reproduce, use, re-use, create derivative works, broadcast, rebroadcast, publish, or republish any such photos, audios, videos, or endorsements in all or in part, individually or in conjunction with any other photograph, audio or video or any other endorsement, in any current or future medium and for any purpose whatsoever, including ( but not by way of limitation) marketing, advertising, promotion, and/or publicity; and to apply for copyright protection for such photograph, audio works and/or video works, in the original form or as republished, in the name of Evalumind, or in any other name as Evalumind may select.  In addition, to the extent you own any right, title, or interest, including any copyrights, in any photograph, audio works, video works, audiovisual works, any endorsement, or any other original works of authorship in  connection with Evalumind products, services, or business, you shall promptly assign any and all such assigned rights, title, and interest.  Regardless of any other agreements or contracts you may have with any other entity, you agree to defend and indemnify Evalumind against any claims by any other party arising out of Evalumind’s use of the rights granted herein.

 

  6.6.2 A DermaGRID Member confirms that the information provided as a testimonial, or as represented in a photograph, video or audio is true and accurate to the best of their knowledge.  A DermaGRID Member waives the right that they may have to inspect, approve or revoke the finished or unfinished project(s), the advertising copy, printed, recorded, photographic or video matter that may be used in connection with it or any use that may be made of it.

 

  6.6.3 The DermaGRID Member agrees to release and discharge Evalumind, and its successors, assignees, employees and agents, from any and all liability, claim and/or demands arising out of or in connection with the creation and the use of any photograph, video, audio or endorsement, including any claim for slander or defamation.

 

  6.6.4 All testimonials and images associated with such testimonials are the property of Evalumind and the individual who gave the testimonial.  If a DermaGRID Member wishes to use a testimonial in an approved website or marketing material they must receive prior written permission from Evalumind and the testimonial giver.

 

  6.6.5 Testimonials include all testimonials distributed by Evalumind on any Evalumind website or Evalumind marketing materials.  

 

6.7 Compliance Review

  6.7.1 If a DermaGRID Member wishes to use a mode of advertising to promote their DermaGRID  business outside of the approved marketing materials they must receive written approval from Evalumind prior to printing or posting such advertisement, copy or any other discussion or claims regarding Evalumind, the products and services or the income opportunity.

 

     6.7.1.1 Modes of advertisement referred to in this section include but are not limited to: posting on  Facebook, MySpace, YouTube, Craigslist, Twitter, postings on social media, blogs, vlogs and forums, producing print or other multimedia marketing materials and team building websites.

 

    6.7.1.2 The DermaGRID Member may only utilize such advertising medium when they receive advanced written notification directly from Evalumind.

 

 

 SECTION 7:  General Information

 

 7.1 DermaGRID Member Access to the DermaGRID.com Office

DermaGRID Members may contact the DermaGRID.com offices through an email message that is communicated via the company’s official website:  support@dermagrid.com or via the toll-free Customer Services number listed on the official DermaGRID.com website.

 

7.2 Employee Opinions or Representations

From time to time, DermaGRID Members ask Evalumind employees for opinions regarding the meaning of policies, qualifications for membership, etc.  Employees may not give their opinions or interpretations of Evalumind Policies and Procedures. Evalumind is not liable for any such opinions or representations and the DermaGRID Member is not authorized to rely on them.  A DermaGRID member can only rely on Evalumind's current Policies and Procedures.

 

7.3 Evalumind and DermaGRID.com Contact Information

Initial contact for Evalumind and DermaGrid.com should be directed to:  support@dermagrid.com or the toll-free Customer Services number listed on the official DermaGRID.com website.

 

 

SECTION 8:  Disciplinary Actions and Dispute Resolution

 

8.1 Disciplinary Actions

 

  8.1.1 If you violate any of the Policies and Procedures OR engage in any illegal, fraudulent, deceptive, or unethical business conduct, Evalumind may, at our sole discretion, invoke any disciplinary actions that we deem appropriate.  Among the potential disciplinary actions are:

 

    8.1.1.2 Issuance of a written warning or admonition.  Imposition of a fine, which may be imposed immediately.

 

    8.1.1.3 Suspension, which may result in termination or reinstatement with conditions and/or restrictions.

 

    8.1.1.4 Termination of your DermaGRID Member status.

 

  8.1.2 Evalumind will make best efforts to give the DermaGRID Member notice of the alleged violation, by notice   to the current email address on file, and allow the DermaGRID Member to present facts that show that there has been no violation.  However, if Evalumind believes that the violation is of a serious nature, the company reserves the right to make a determination and take action without prior notice.

 

  8.1.3 If a DermaGRID Member attempts to circumvent the Policies and Procedures to accomplish something indirectly that has been directly prohibited, the DermaGRID Member will be disciplined as if the applicable policy had been directly violated.

 

8.2 Suspension or Termination

 

  8.2.1 In order to become a DermaGRID Member an individual must become a DermaGRID.com Gold or Silver Member, This may involve a one-time initial activation payment.  DermaGRID Members must maintain their current account status by paying an ongoing monthly membership fee.  You are not required to maintain an inventory of any kind in order to maintain valid DermaGRID Member status.  Either party may terminate this agreement at any time by giving written notice of termination to the other party.

 

  8.2.2 Evalumind may suspend or terminate a DermaGRID Member’s status as a corrective measure for any activity that, in our sole judgment, constitutes a violation of the DermaGRID Membership Application and Agreement, or any violation of the Policies and Procedures.  Whenever there is a complaint or evidence of a prohibited activity, generally, we will contact the DermaGRID Member to inform them that the Company suspects a violation of a Company Policy or Procedure. Evalumind will generally offer the DermaGRID Member an opportunity to present facts that would show that the DermaGRID Member has not violated the Policy or Procedure.  Evalumind reserves the right to make the final determination as to whether a Policy or Procedure has been violated.

 

  8.2.3 If Evalumind determines that suspension is an appropriate remedy, it could include any or all of the following:

 

  8.2.4 DermGRID Member could be restricted from participating in any Evalumind activity, promotion or other event even if the qualification period for such event was prior to the suspension.

 

  8.2.5 A DermaGRID Member could be excluded from participating in any Evalumind meetings, trainings or corporate sponsored events even if the qualification period for such events was prior to the suspension.

 

  8.2.6 If Evalumind determines that termination is the appropriate remedy, the DermaGRID Member must immediately cease representing themselves as a DermaGRID.com Gold Member or Silver Member.

 

  8.2.7 After termination, a DermaGRID Member will still be liable for any fees that were due at the time of termination.  If Evalumind has to file a lawsuit to collect these amounts, the DermaGRID Member agrees to pay any collection and legal costs that Evalumind incurs. Evalumind may also notify credit-reporting agencies of any delinquency.

 

  8.2.8 If a DermaGRID Member’s account is involuntarily terminated the DermaGRID Member will not be eligible for reinstatement or have the opportunity to hold any position within Evalumind.

 

8.3 Grievances and Complaints

When a DermaGRID Member has a grievance or complaint with Evalumind or another DermaGRID Member regarding any practice or conduct in relation to the Evalumind business, the complaining individual should report the problem directly to Evalumind.  Evalumind management will review the matter and make a determination.  If the matter cannot be resolved to the satisfaction of the DermaGRID Member then the DermaGRID Members involved may be directed to terminate their agreements with Evalumind.

 

  8.3.1 This section shall not apply to violations of internet and intellectual property policies including but not limited to: selling Evalumind products on the internet, cybersquatting, registering Evalumind trademarks or confusingly similar domain names, and producing Evalumind merchandise.  Evalumind reserves the right to pursue all legal remedies afforded by law in relation to these violations including full utilization of the judicial system.

 

   8.3.2 Both parties agree that the existence of or any information coming out of a dispute resolution is confidential and is only to be disclosed on a “need to know” basis.  Both parties agree not to disclose the outcome of the proceeding or matters relating thereto without the prior written consent of the other party which consent shall not be unreasonably withheld.  Violation of this provision will result in the immediate termination of the Position Holder.

 

8.4 Evalumind Website

Evalumind does not warrant that any websites operated, sponsored or hosted by Evalumind or any of its affiliates (collectively, the “websites”) will be uninterrupted or free from error.  The websites, their use, and the services that they perform are provided “as is,” without warranty of any kind, either expressed or implied.  Specifically, Evalumind disclaims any warranties, including, but not limited to:  a) any warranties concerning the availability of any website or any content therein, or any warranties concerning access to any website, b) any warranties of non-infringement or c) any warranties of merchantability or fitness for a particular purpose

 

8.5 Ambiguities

In the event an ambiguity is found in this document, the ambiguity will not be interpreted against the drafter.

 

8.6 Disclaimer of Warranties

The products, documentation, materials and any sales, promotional or other documentations or materials in any form furnished in connection with Evalumind are provided “as is.” Evalumind specifically disclaims all warranties, expressed or implied, in connection with such products, documentation, and materials, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose.

 

8.7 Exclusion of Damages

In no event shall any Evalumind officer, director, employee, affiliates, successors, or assignees be liable to any DermaGRID Member for any special, punitive, indirect or consequential damages, for any claims or actions resulting from or arising out of this agreement, the functionality or operation of any websites ,or such website’s failure to function or operate, or any acts or omissions of any Evalumind party, whether based on contract, tort, including negligence, strict liability, or any other cause of action.

 

 

SECTION 9:  Company Refund Policy

 

Any approved DermaGRID Member who chooses to terminate their Gold or Silver Membership is entitled to a refund of their initial monthly fee if the termination occurs within the first thirty (30) days of the Membership agreement.  In all cases, any initial activation fee is non-refundable.