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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE CANDELA CUSTOMER PORTAL.
These are the legal notices and terms of use that apply to Candela’s Customer Portal, (the "Portal") operated and administrated by Candela Corporation or any of its affiliates, divisions, or subsidiaries ("Candela").
When we refer to you or your, we mean the person accessing the Portal. If the person accessing the Portal does so on behalf of, or for the purposes of, another person, including a business or other organization, "you" or "your" also means that other person, including a business organization.
Your access to, and use of, the Portal and its materials is conditioned upon your complete acceptance and compliance with the following terms and conditions of use (the "Terms"). By accessing and/or using the Portal, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms, as they may be amended from time to time, as well as by Candela’s Privacy Policy which is incorporated into these Terms by this reference.
We reserve the right to make changes to, update, add, and delete material from the Portal and these Terms at any time for any reason without notice to you or any other person. We recommend that you periodically review the Portal and these Terms for any changes because your continued use of the Portal after we make changes indicates your acceptance to such changes. If you do not accept these Terms, as they may be amended from time to time, you should exit the Portal immediately and cease any further use of any materials you have obtained from the Portal. If you are dissatisfied with the Portal, your sole remedy is to discontinue using the Portal and you understand that we may discontinue, change, or restrict your access and/or use of this Portal for any reason without notice.
Candela may collect personal information (including sensitive personal information such as credit card and other financial data, as well as the other categories of information described in Candela’s Privacy Policy) from you when you register for or use our Candela Customer Portal and when you purchase products or services from us through the Portal. Your Candela Customer Portal username and password are for your use only and should be kept confidential. You understand and agree that you are responsible for all use (including any unauthorized use) of your username and password. Similarly, you are solely responsible for limiting use of and access to your Candela Customer Portal account and any personal information submitted and/or accessible through your Candela Customer Portal account. You agree that Candela cannot and will not be liable for any loss or damage arising from your failure to keep your account information secure or confidential or your failure to comply with any of the other obligations set forth in these Terms.
Notwithstanding the foregoing, you understand and agree that Candela will have unrestricted access to your Candela Customer Portal account and associated data, as well as your username and password, in order to provide services to you or to conduct other business functions. Candela may terminate or suspend your use of the Candela Customer Portal at any time and without prior notice, for any or no reason. Upon such termination or suspension, your right to use the Candela Customer Portal shall immediately cease, and Candela may, without liability to you or any third party, immediately delete your username, password, and Candela Customer Portal account, and all associated materials and collected personal information, without any obligation to provide further access to such materials or information, as permitted by applicable law.
Our Portal contains information, data, databases, software, source and object code, photographs, graphics, text, images, designs, layout ("look & feel"), GUI, presentations, e-learning materials, marketing materials, brochures, typefaces, videos, clips, sounds and other material (collectively, "Content") that are protected by copyrights, trademarks and other proprietary rights including intellectual property rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Such copyrights and other proprietary rights are owned by us and we reserve such rights therein. All Content is copyrighted as a collective work under the United States copyright laws and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content in whole or in part. No further publication or commercial use may be made of the Content on the Portal without our express written permission. You may not make any part of the Portal available as part of another website whether by hyperlink framing on the internet or otherwise. The Portal and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Portal or its content.
Please note that any product, process or technology described in the materials on the Portal and all logos and other proprietary identifiers used by Candela ("Candela Trademarks") in connection with the Portal, are the subject of other intellectual property rights reserved by us and are not licensed hereunder. All product names, whether or not appearing in large print or with the trademark symbol, including, without limitation, brand names on the Portal and all Candela Sites are all Candela worldwide trademarks and/or trade names of Candela, whether or not registered.
Trademarks, service marks, trade names and logos of other parties which may appear on the Portal belong to their respective owners and identified wherever possible and we acknowledge their rights ("Third Party Marks"). No right, license, or interest to Candela Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Candela Trademarks or the Third Party Marks and therefore you will avoid using any of those Marks.
You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in these terms of use.
Additional terms and conditions will apply to business transactions conducted or any promotions run by us via the Portal, including Candela’s Terms and Conditions of Sale. Additional terms also govern other sites offered by Candela, including the general Terms of Use applicable to Candela’s sites or Candela’s eStore Terms and Conditions of Sale. Nothing contained in these Terms is intended to modify or amend any agreement currently in effect between you and us.
Access to the Portal and its content may not be legal in certain countries and we make no representation that the information in the Portal is appropriate or available for use in other locations. If you access the Portal from outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws of your jurisdiction, including, without limitation, laws concerning the transmission of data exported from the United States or the country in which you reside. We assume no responsibility or liability concerning such use.
Your use of the Portal is subject to all applicable laws and regulations and you are solely responsible for your behavior on the Portal and the contents of your communications through the Portal. There are certain conducts which are strictly prohibited on the Portal. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein (as judged by us in our sole discretion), may result in the termination of your access to the Portal and may also expose you to civil and/or criminal liability.
(a) You agree not to post or store on the Portal any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable ("Objectionable").
(b) You agree not to use the Portal in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Portal any material that is Objectionable. You agree not to use any of our domain names as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using our services. Furthermore, you agree not to transmit unsolicited or bulk communications to any of our account holders or to any affiliated email address (regardless of whether you use the Portal to transmit any such communication).
(c) You agree not to use the Portal for any unlawful activities or purpose not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or the Portal, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm;
(d) You agree not to use the Portal to upload, post or otherwise transmit any Content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) You agree not to use the Portal to upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the Portal and retrieve, index and/or data-mine any information;
(f) You agree not to use the Portal to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Portal are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(g) You agree not to use the Portal to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; and
(h) You agree not to interfere with or violate other Users' rights to privacy and other rights, or use the Portal to collect, harvest or store personal data about other users without their express consent, whether manually or automatically.
Without derogating from the above, you hereby agree to not, whether by yourself or anyone on your behalf:
The Portal is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. If you are under the age of 13, please do not supply any personally identifiable information through the Portal. If you are under the age of 13 and have already provided personally identifiable information through the Portal, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.
Your use of the Portal establishes a business or other applicable relationship with us for purposes of the Telephone Consumer Protection Act or other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, the Portal, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
Our provision of the Portal should not be interpreted as an attempt to practice medicine, nor does use of the Portal establish a doctor-patient relationship between us or any of our users. The information posted on the Portal by us and by third parties should not be considered medical advice, and is not intended to replace consultation with a qualified doctor or other professional healthcare provider. Unless explicitly stated otherwise, all Content on the Portal is the opinion of its author, and not ours. The Portal is intended for use by medical professionals and not consumers or patients. Furthermore, the ideas and opinions expressed in any forum are those of the authors, and do not necessarily reflect our position. The Portal may provide information on medical and health conditions, products and treatments, developments in medicine and articles may include information on device applications not included in approved FDA labeling. Such ideas are provided as information and education only and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice of a physician or other medical professional or for any information contained on or in any product packaging or labels. Information on the Portal should not be considered an endorsement, promotion or in any other way encouragement for the use of any particular procedure, technique, device or product. We shall not be liable for any injury and/or damages arising out of any decision made or action taken or not taken in reliance on Content contained on the Portal.
We respect your privacy and are committed to protect the information you share with us. Our policy and practices and the type of information collected are described in detail in our Privacy Policy. If you intend to connect to, access or use the Candela Customer Portal, you must first read and agree to the Privacy Policy, in addition to these Terms.
CANDELA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS AVAILABLE ON THE PORTAL, INCLUDING IN CONNECTION WITH ANY REGULATIONS IN YOUR STATE OF RESIDENCE, OR ANY OTHER APPLICABLE LAWS AND REGULATIONS, INCLUDING FDA RULES AND REGULATIONS. THE PORTAL AND THE CONTENT, DATA, MATERIALS AND INFORMATION CONTAINED THEREIN IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS, WITH ALL FAULTS. YOUR USE OF THE PORTAL IS EXCLUSIVELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,OF ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS OR COMPLETENESS OF ANY CONTENT, INFORMATION, REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE PORTAL OR OTHER WARRANTY OF ANY KIND CONCERNING THE PORTAL OR THE CONTENT AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CANDELA DOES NOT ENDORSE OR RECOMMEND ANY SPECIFIC MEDICAL TREATMENT. THE CONTENT ON THE PORTAL IS NOT MEDICAL ADVICE, IS NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED, OR CONSTRUED AS SUCH.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE PORTAL IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
Please note that certain products shown on the Portal may or may not be approved for distribution in your country.
For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, our information security policy provides that any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax, mail (including a notice printed in an available area of a bill or statement) or posting a notice on the Portal. The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION.
The Content on the Portal could contain technical inaccuracies or typographical errors, or other mistakes. Some or all of the Content may be out of date and we have no duty nor make any commitment to update or correct any information on the Portal. The Portal’s availability and functionality depends on various factors, such as communication networks, software, hardware and Candela service providers and contractors. We make no warranties that the Portal will operate at all times uninterrupted or error free or that defects will be corrected or that they will be immune from unauthorized access. We do not warrant that the Portal is or will be compatible with your computer equipment or that the Portal or its servers are free of errors, computer viruses, worms, "Trojan horses" or other harmful components and we are not liable for any damage you may suffer as a result of any such destructive features.
Candela may change the Portal’s layout and design from time to time, and the availability of the Content and services included therein, without giving any prior notice on the Portal. You hereby agree and acknowledge that Candela is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT WILL WE, OR ANY PARENT, SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THE PORTAL OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA THE PORTAL OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, INABILITY TO ACCESS OR USE THE PORTAL, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Portal; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Portal (including your violation of any third party rights or any damages incurred to third parties arising out of any transaction made in reliance on the Content in the Portal); and (iv) any claims for bodily injury, death or other damages arising out of any transaction made in reliance on the Content in the Portal.
We may provide links to other websites maintained by us and our affiliated entities as well as links to unaffiliated third parties' websites for your convenience and should not be deemed to imply that we endorse those sites or any content therein. We do not maintain these third-party websites and are not responsible for the availability, accuracy, or quality of the content on the third-party websites. We make no representations or warranties whatsoever about any other website which you may choose to access through this Portal. You should review the terms and conditions related to the use of any third-party websites before using them.
Please see our Privacy Policy for general information. You represent and warrant to us that you own, or possess sufficient rights in, any information that you give to us through the Portal.
The Portal was created by and is controlled, operated and administered by Candela Corporation, a Delaware corporation, or its agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials at the Portal are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing the Portal from any jurisdiction where the Portal’s contents are illegal is prohibited. You may not use the Portal or export the materials in violation of import or export laws and regulations. If you access the Portal from a location outside of the United States, you are responsible for compliance with all local laws.
The laws of the Commonwealth of Massachusetts and the federal laws of the United States (without regard for choice of law rules) govern these Terms, the Privacy Policy and performance under them. Any suit or other action or dispute arising out of, or in any way connected with, your use of the Portal may be brought only in the courts of the Commonwealth of Massachusetts or in the United States District Court for the District of Massachusetts. You irrevocably consent to the exclusive personal jurisdiction and venue of such courts with respect to such matters. You further waive any objection to jurisdiction and venue of any action instituted hereunder; and further agree not to assert any defense based on lack of jurisdiction or improper venue, including forum non convenience and agree that process may be served in a manner authorized by applicable law or court rule. YOU HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OR ANY RELATED TRANSACTION DOCUMENTS, OR THE VALIDITY, PROTECTION, INTERPRETATION OR ENFORCEMENT THEREOF. YOU AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND THAT CANDELA WOULD NOT ENTER INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THESE TERMS.
You must commence any suit or other action in connection with your use of the Portal within one year after events giving rise to the claim or cause of action occur. Partial Invalidity.
If, for any reason, a court of competent jurisdiction finds any provision of these Terms of use or any Privacy Policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of use and the Privacy Policy, and the remainder of these Terms of use and the Privacy Policy shall continue in full force and effect.
We reserve the right to seek all remedies available at law and in equity for violations of the Terms, including the right to block access from a particular Internet address to the Portal.
Certain areas and features of the Portal contain terms and conditions specific to those areas and features. Such terms and conditions are in addition to these terms and conditions and prevail over these terms and conditions and the privacy policy only to the extent it is not possible to construe these terms or the privacy policy consistently with such other terms and conditions.
For information, questions or notification of errors, please contact:
Candela Corporation
251 Locke Drive, Marlborough, MA 01752
Phone: (508) 358-7400