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Candela® - Important Legal Information
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These are the legal notices and terms of use that apply to the various websites (collectively, the "Site/s") operated and administrated by Candela Corporation or any of its affiliates, divisions, or subsidiaries ("Candela") that provides content or processes the information received through the applicable Site, each as appropriate and applicable.
When we refer to you or your, we mean the person accessing the Site. If the person accessing the Site 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 Site 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 this Site, 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 our 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 this Site and these Terms at any time for any reason without notice to you or any other person. We recommend that you periodically review this Site and these Terms for any changes because your continued use of the Site 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 Site immediately and cease any further use of any materials you have obtained from the Site. If you are dissatisfied with this Site, your sole remedy is to discontinue using the Site and you understand that we may discontinue, change, or restrict your access and/or use of this Site for any reason without notice.
Copyright and Usage of Content.
Our Site 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 are authorized to view, download and reproduce the materials at this Site only for your personal information and non-commercial use only provided that you:
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 this Site without our express written permission. You may not make any part of this Site available as part of another website whether by hyperlink framing on the internet or otherwise. This Site 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 Site or its content.
Other Intellectual Property Rights.
Please note that any product, process or technology described in the materials on this Site and all logos and other proprietary identifiers used by Candela ("Candela Trademarks") in connection with the Site, 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, Candela®, the Candela logo, Alex TriVantage®, CO2RE®, elōs® Plus, eMatrix®, , eTwo®, UltraShape®, Vbeam®, VelaShape®, and most other brand names on this Site 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 Sites 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.
Other Terms and Notices May Apply.
Additional terms and conditions will apply to business transactions conducted or any promotions run by us via this Site. Additional terms will govern any bulletin board services, closed Sites, chat areas and/or other message or communication facilities offered via this Site. Nothing contained in this Legal Information Page is intended to modify or amend any agreement currently in effect between you and us. Although these terms of use are intended to apply generally to all Content located on the Site or Sites, this Site may contain other proprietary notices and conditions of use, the terms of which must also be observed and followed as they apply to the particular portions of this Site for which they are intended. Certain portions of this Site are intended for audiences in specific countries as indicated by specific country references in the website page header information (for instance, "Candela® United States," "Candela® Asia," or "Candela® Europe"). Terms of use for country specific website pages may vary and can be accessed from our Site for that specific country. We may revoke or modify any of the rights stated in this Legal Information Page at any time by updating this page.
Access to this Site and its content may not be legal in certain countries and we make no representation that the information in the Site is appropriate or available for use in other locations. If you access this Site 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.
Conduct on the Sites.
Your use of the Sites is subject to all applicable laws and regulations and you are solely responsible for your behavior on the Sites and the contents of your communications through the Site. There are certain conducts which are strictly prohibited on the Site. 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 Sites and may also expose you to civil and/or criminal liability.
(a) You agree not to post or store on the Site 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 Site in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Site 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 Site to transmit any such communication).
(c) You agree not to use the Site for any unlawful activities or purpose not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or Site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm;
(d) You agree not to use the Site 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 Site 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 Sites and retrieve, index and/or data-mine any information;
(f) You agree not to use the Site to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site 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 Site 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 Site 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:
Not Intended for Children.
This Site 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 Site. If you are under the age of 13 and have already provided personally identifiable information through the Site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.
Telephone Consumer Protection Act, CAN SPAM, and Similar Law.
Your use of this Site 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, this Site, 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.
No Medical Advice Provided.
This Site, including its Content and programs (including, but not limited to, message boards, text files, chat rooms, forums, or other communication facilities), is provided for informational and educational purposes only. Our provision of this Site should not be interpreted as an attempt to practice medicine, nor does use of this Site establish a doctor-patient relationship between us or any of our users. The information posted on the Site 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 this Site is the opinion of its author, and not ours. The Sites are 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 Sites 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 in the Sites 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 in Content contained on the Sites.
Privacy Policy.
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use any of the Sites. 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 any of the Sites, you must first read and agree to the Privacy Policy.
Disclaimers
CANDELA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS AVAILABLE ON THE SITES, INCLUDING IN CONNECTION WITH ANY REGULATIONS IN YOUR STATE OF RESIDENCE, OR ANY OTHER APPLICABLE LAWS AND REGULATIONS, INCLUDING FDA RULES AND REGULATIONS.
THE SITES 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 SITES IS EXCLUSIVELY AT YOUR OWN RISK, FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY. 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 SITES OR OTHER WARRANTY OF ANY KIND CONCERNING THE SITES 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 SITES 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 SITES IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
Please note that certain products shown on the Sites may or may not be approved for distribution in your country.
Misappropriation of Personal Information.
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 a Site. 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.
Accuracy; Availability, No Duty to Update.
The Content on this Site 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 this Site. The Sites' 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 Sites 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 Sites are or will be compatible with your computer equipment or that the Sites or their 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.
Changes to the Sites.
Candela may change the Sites' layout and design from time to time, and the availability of the Content and services included therein, without giving any prior notice on the Sites. 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.
Limitation of Liability.
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 SITES OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA THEM 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 SITES, 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.
Indemnification.
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 Sites; (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 any of the Sites (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 Sites); and (iv) any claims for bodily injury, death or other damages arising out of any transaction made in reliance on the Content in the Sites.
Links to Third Party Websites.
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 Site. You should review the terms and conditions related to the use of any third-party websites before using them.
Submitting information to Us.
Please see our Privacy Policy for general information. We do not want to receive confidential or proprietary information from you through the Sites unless you have another written agreement with us related to the sharing of such information. Any information that we receive through a Site, other than your personally identifiable information covered by our Privacy Policy, will be deemed to be NON-CONFIDENTIAL. BY TRANSMITTING TO US INFORMATION VIA A SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH US RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT WE MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU.
Further, any information you give to us through any Site is subject to the following provisions.
(1) You represent and warrant to us and to all others that may access the Sites that you own, or possess sufficient rights in, all such information and all such parties may regard such information as public and, in any case, not your proprietary information; (2) You grant to us a non-exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit; and(3) We are free to use any ideas, concepts or know-how contained in such information.
International Users.
The site 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 this Site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing any Site from any jurisdiction where such Site's contents are illegal is prohibited. You may not use the Site or export the materials in violation of import or export laws and regulations. If you access a Site from a location outside of the United States, you are responsible for compliance with all local laws.
Choice of Law, Jurisdiction, and Venue.
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 any of the Sites 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.
Limitation of Actions.
You must commence any suit or other action in connection with your use of any of the Sites 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.
Violations and Additional Policies.
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 Sites.
Other Provisions.
Certain areas and features of Sites 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.
General.
Contact us.
For information, questions or notification of errors, please contact:
Candela Corporation
251 Locke Drive, Marlborough, MA 01752
Phone: (508) 358-7400
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