The Site is intended for and directed to residents of the United States and all information, advertising and claims contained on the Site are valid in and applicable only to the United States.
III. USE OF THE SITE AND SITE CONTENT
(a) License to Use the Site
(b) Copyright Protection
The Site and all Site Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, SkinMedica or the party listed as the provider of the applicable Site Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED. You may download any downloadable Site Content displayed on the Site only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Site Content is also subject to the terms of this Section III, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Site Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:
[© 2013 SkinMedica, Inc. An Allergan Company. The SkinMedica logo and all associated trademarks and logos used herein are trademarks of SkinMedica, Inc. Other company and product names used herein are properties of their respective owners. All rights reserved.]
"SkinMedica," "TNS Recovery Complex" and other marks, product names and company names appearing on the Site, are trademarks and service marks of SkinMedica and/or their respective owners, and are protected by law. They may be used publicly only with permission from SkinMedica. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.
(d) Commercial Use of Site Content
To obtain permission to copy, reproduce, distribute, display or create derivative works of portions of this Site, please send email to firstname.lastname@example.org and provide the following information in the body of the email:
- The Site Content you wish to use
- Where, when and how it will be used (for example, a seminar, newsletter or news article)
- Where and how copies will be distributed and to what audience
- How many copies will be produced and distributed
- What other materials will be associated with the SkinMedica content
- Your name, title, company, address, email address and phone number.
We will evaluate and respond to your request as soon as possible. SkinMedica reserves the right to condition or refuse to consent to the use of any or all of the Site Content at any time and in any manner, in SkinMedica's sole discretion.
You many not provide links to images or text on SkinMedica's Site for commercial purposes without our prior express written consent. Upon request that you remove any link to the Site, you shall immediately remove such link.
(e) Accuracy of Information
SkinMedica strives to accurately and completely describe its products and provide updated information on the Site; however, SkinMedica does not warrant that product descriptions and information on the Site are complete or free from error.
This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
Further, you acknowledge and agree that the views expressed by you and other users as part of the User Content (as defined below) do not necessarily reflect the views of SkinMedica, and we do not support or endorse any User Content or any other content otherwise posted by you or any other user.
(f) Links to Other Sites and/or Materials
Our "Find a Physician" page only provides information regarding physicians who carry SkinMedica products. SkinMedica makes no guarantees or representations regarding the quality of service provided by those physicians. SkinMedica expressly disclaims all liability for the actions of the physicians listed on this Site.
V. USER CONTENT
VI. PROHIBITED ACTIONS
Without limiting anything contained in Section V, you agree that you will not: (i) transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; (ii) transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; (iii) transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; (v) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site; (vi) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (vii) intentionally or unintentionally violate any applicable local, state, national, or international law; (viii) transmit any User Content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (ix) use the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (x) solicit other guests of the Site to become members of any commercial on line service or other group or organization.
SkinMedica does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with SkinMedica unless you have provided clear and conspicuous notice to SkinMedica and have received prior written consent from SkinMedica.
VII. DISCLAIMERS AND LIMITATION OF LIABILITY
(a) Disclaimer of Liability
NEITHER SKINMEDICA NOT ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THIS SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER SITE CONTENT (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
(b) Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, SKINMEDICA, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THE SITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUR OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF SKINMEDICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CIRCUMSTANCES SKINMEDICA'S MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF PRODUCTS SOLD TO YOU THROUGH THE SITE IN THE PROCEEDING TWELVE MONTH PERIOD. SKINMEDICA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS, WHICH EXCEEDS THIS LIABILITY LIMIT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SKINMEDICA'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING SKINMEDICA'S LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. SKINMEDICA SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT SKINMEDICA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
VIII. DISPUTE RESOLUTION
(a) Informal Resolution
You and SkinMedica agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. SkinMedica will send its notice to your billing address, with a copy via email to your email address. You will send your notice to SkinMedica Inc., 5770 Armada Drive, Carlsbad, CA 92008.
(b) Formal Resolution
BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(ii) Special Rules. You and SkinMedica agree that the type of arbitration in which we both agree to participate is between SkinMedica and you as an individual. YOU AND SkinMedica ARE AGREEING THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.
(iii) Exceptions. Notwithstanding the foregoing, (A) any Claim involving a violation of applicable trademark or copyright laws, or a Claim for injunctive relief, may be decided only by a federal court (or, for injunctive relief, federal or state court) in the County of San Diego, State of California, and (B) neither you nor SkinMedica shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.
(a) Governing Law and Jurisdictional Issues
This Agreement is governed in all respects by the substantive laws of the State of Delaware and of the United States of America. Notwithstanding the foregoing, Section VIII(b) above shall be governed by the Federal Arbitration Act. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. This Site is controlled and operated from SkinMedica's offices in Carlsbad, California, United States of America, and SkinMedica makes no representations that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from any territory where the content is illegal is prohibited. You may not use or export any of the Site materials in violation of U.S. export laws and regulations.
(b) Email May Not Be Used to Provide Notice
Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to SkinMedica or any of its officers, employees, agents or representatives, such as where notice to SkinMedica is required by contract, or any federal, state or local laws, rules or regulations.
(c) Suggestions and Feedback
SkinMedica welcomes feedback or inquiries about our products. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of SkinMedica.
(d) Interpretation and Entire Agreement
(e) Contact Us
SkinMedica Inc. and its affiliates
5770 Armada Drive
Carlsbad, CA 92008