Terms of Use

Terms of use - CANADA - CLICK HERE

Terms of use - CANADA French - CLICK HERE

LAST REVISED ON: August 6, 2026

Candela Corporation Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms of Use (these “Terms”) are a binding agreement between you and, if applicable, the company or other legal entity you represent (collectively, “you” or “your”) and Candela Corporation or any of its affiliates, divisions, or subsidiaries ("Candela,” “we,” “us,” or “our”). These Terms govern your use of the various websites operated and administered by Candela that provide content or process information received through the applicable website, including all subdomains and associated applications (collectively, the “Sites”). For clarity, when we refer to you or your, we mean the person accessing the Site. If the person accessing a 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.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY DESCRIBED IN THE “LIMITATION OF LIABILITY” SECTION BELOW, AND A DISPUTE RESOLUTION CLAUSE IN THE “GOVERNING LAW, DISPUTE RESOLUTION, AND VENUE” SECTION BELOW THAT REQUIRES ARBITRATION OF MOST DISPUTES ON AN INDIVIDUAL BASIS, INCLUDES A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, AND INCLUDES A WAIVER OF YOUR RIGHT TO A JURY TRIAL.

By accessing and/or using a 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 Notice. If you do not agree to these Terms or our Privacy Notice, you are not permitted to use the Site.

1. General.

1.1 Modifications. You should review these Terms regularly, as we reserve the right to change (in whole or in part) these Terms at any time at our sole discretion. Modifications will be posted on the Site and will be effective thirty (30) days after we post notice of the modifications, unless the modifications are required to comply with applicable statutes, regulations, rules, orders, or other laws, in which case they will be effective as of the date of posting. Any modifications will be effective immediately for new users of the Sites. The “last revised” date at the top of this page will be updated to reflect the posting date of the current Terms. If we make material changes to the Terms, we will endeavor to also provide notice to you through other means available to us, such as by sending you an email if you have provided us your email address and opted in to receiving email from us. Your continued use of a Site following the posting and effective date of the changes to these Terms constitutes your acceptance of those changes. If you do not agree with any updated version of these Terms, you must immediately stop accessing and using the Sites. Separately, we may discontinue, suspend, change, or restrict your access to or use of the Sites, in whole or in part, at any time for any reason without notice or liability to you.

1.2 Acceptance of the Terms. You represent and warrant that: (a) you are of legal age to form a binding contract with Candela, and (b) if you are using any Site on behalf of a person, company, or other entity, you have full legal authority to accept these Terms on behalf of that person, company, or entity.

2. Copyright and Usage of Content.

2.1 Ownership. Our Sites contains information, data, databases, software, source and object code, photographs, graphics, text, images, designs, layout (i.e., look and feel), GUI, presentations, e-learning materials, marketing materials, brochures, typefaces, videos, clips, sounds, and other materials (collectively, "Content") that are protected by copyrights, trademarks, and other intellectual property rights, that remain valid and enforceable regardless of the form, medium, or technology, whether now existing or later developed in which the Content is displayed, distributed, or stored. We own and reserve all such rights, including the copyright in the Content as a collective work under United States copyright law and in our selection, coordination, arrangement, and enhancement of the Content.

2.2 Authorized Use. You are authorized to view, download, and reproduce the materials at the Sites solely for your personal and non-commercial use, or for such other purposes as we may approve in writing, provided that you:

  • retain all notices contained in the original materials and do not remove, delete or disassociate from any of the Content any copyright, trademark or other proprietary notice, restriction, or signs indicating proprietary rights of Candela that is contained in or accompanying the Content (such as a copyright mark [©] or trademark [™ or ®]);
  • only use images or other visual content with the surrounding text accompanying them on the Site that is relating to the images, and not separately or out of context; 
  • include the following copyright notice: "Copyright © 2019 Candela Corporation. All rights reserved."; and
  • abide by all applicable laws in this respect and refrain from using, diluting, or staining any name, mark, or logo that is identical, or confusingly similar, to any of the Candela Trademarks (as defined in Section 3.1 below).

2.3 Restrictions. 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 any Site without our express written permission. You may not make any part of any Site available as part of another website, whether by hyperlink framing on the internet or otherwise. The Sites and their Content may not be used to construct a database of any kind nor may the same be stored (in whole or in part) in databases for access by you or any third party or to distribute any database containing all or part of any Site or its Content.

3. Other Intellectual Property Rights.

3.1 Candela Trademarks. Please note that any product, process, or technology described in the materials on any 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, trademarks, trade names, and logos appearing on the Sites , whether or not appearing in large print or with a trademark symbol, including, without limitation, Candela®, the Candela logo, GentleMax Pro®, GentleMax Pro Plus®, Glacē™, MatrixTM, Matrix Pro®, Nordlys®, Picoway® Vbeam® and most other brand names on the Site are all Candela worldwide trademarks and/or trade names of Candela, whether or not registered.

3.2 Third Party Marks. Trademarks, service marks, trade names, and logos of other parties that may appear on the Sites (“Third Party Marks”) belong to their respective owners and are identified wherever possible. 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 of, 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.

4. Accounts.

4.1 Account Registration and Security. You may be required to register for, or create an account on, the Sites (each, an "Account") to use or access some of the Content or other features of the Sites. You acknowledge and agree that your Account, and any passwords associated with your Account, are personal to you, and you agree not to provide any other person or entity (other than a person or entity that you represent in connection with your use of any Site) with access to all or any part of your Account. You are responsible for maintaining the confidentiality of your Account and passwords and for any and all activities that occur under your Account. You agree to notify Candela immediately after you become aware of or begin to suspect any unauthorized use or breach of security relating to your Account. If we have reason to believe that there is likely to be a breach of security or misuse of your Account or the Sites, we may require you to change your login details, including any usernames or passwords associated with your Account.

4.2 Account Information. You agree that all information you provide to us through your Account is complete, accurate, and up to date, and that you will update any information provided to us through your Account, including your name, email, and phone number, promptly after any such information has changed. Without limiting anything in the Limitation of Liability section of these Terms, you agree that we may rely on the information you provide to us through your Account and that we are not responsible, and you will not hold us liable, for any inaccurate notifications or other communications that we may send to you based on such information.

4.3 Data Transmission. You understand that any information you provide to us, including through your Account, may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. Other Terms and Notices May Apply.

5.1 Additional Terms and Notices. Additional terms and conditions will apply to product purchases or other business transactions conducted, or any promotions run by us, via the Sites. Additional terms may govern any user forums, closed Sites, chat areas, and/or other message or communication facilities offered via the Sites. Nothing contained in these Terms is intended to modify or amend any agreement currently in effect between you and us. Although these Terms are intended to apply generally to all Content located on the Site or Sites, the Sites may contain other proprietary notices and conditions of use specific to particular areas or features of the Sites, the terms of which must also be observed and followed, and which shall prevail over these Terms and the Privacy Notice only to the extent it is not possible to construe these Terms or the Privacy Notice consistently with such other terms and conditions. Certain portions of the Sites 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 Sites for that specific country.

5.2 International Access. Access to the Sites and its content may not be legal in certain countries, and we make no representation that the information in the Sites is appropriate or available for use in other locations. If you access a 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.

6. Conduct on the Sites.

6.1 Prohibited Conduct. Your use of the Sites is subject to all applicable statutes, regulations, rules, orders, and other laws, and you are solely responsible for your behavior on the Sites and the contents of your communications through the Sites. Certain conduct is strictly prohibited on the Sites. 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 or suspension of your access to the Sites and may also expose you to civil and/or criminal liability.

  1. You agree not to post or store on the Sites 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").
  2. You agree not to use the Sites in any way for spamming or to transmit chain letters, junk email, or bulk communications. You agree not to transmit through the Sites 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 Sites to transmit any such communication).
  3. You agree not to use the Sites 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;
  4. You agree not to use the Sites 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);
  5. You agree not to use the Sites 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, hardware, or telecommunications equipment;
  6. You agree not to use any robot, spider, crawler, or other search or retrieval application, or any other automated device, process, or method, to access the Sites and retrieve, index, scrape, or data-mine any information, except as permitted by us;
  7. You agree not to use the Sites to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  8. You agree not to use the Sites to intentionally or unintentionally violate any applicable local, state, national or international statute, regulation, rule, order, or other law; and
  9. You agree not to interfere with or violate other users' rights to privacy and other rights, or use the Sites to collect, harvest, or store personal data about other users without their express consent, whether manually or automatically.

6.2 Additional Restrictions. Without derogating from the above, you hereby agree to not, whether by yourself or anyone on your behalf:

  • Infringe or violate any of the Terms;
  • Use the Sites for non-personal or commercial purposes without Candela's express prior written consent;
  • Interfere with or disrupt the operation of the Sites or the servers or networks that host the Sites, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
  • Impersonate any person or entity or provide false information on the Sites, whether directly or indirectly;
  • Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Candela or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about the Sites;
  • Transmit, distribute, display or otherwise make available through or in connection with the Sites any content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content;
  • Bypass any measures we may use to prevent or restrict access to the Sites;
  • Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Sites in any way, unless permitted hereunder;
  • Create a browser, frame, border environment or GUI around the Sites;
  • Use any Content or other aspects of any Site to train, fine-tune, or otherwise develop any artificial intelligence (AI) model; or
  • Link, including in-line linking, to elements on the Sites, such as images, posters, and videos, unless permitted hereunder.

7. Not Intended for Children.

7.1 The Sites are 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 Sites. If you are under the age of 13 and have already provided personally identifiable information through any Site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.

8. Telephone Consumer Protection Act, CAN SPAM, and Similar Law.

8.1 Your use of the Sites 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 Sites, 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.

9. No Medical Advice Provided.

9.1 Nothing on the Sites is intended to create a doctor-patient relationship or should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others.  The Sites, 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 . The fact that particular content appears on the Sites does not mean that Candela supports or recommends a specific procedure, technique, device, product, physician, or treatment in any particular case. Unless explicitly stated otherwise, all Content on any Site is the opinion of its author, and not ours, and 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, and developments in medicine and articles may include information on device applications not included in approved FDA labeling or primarily intended for use by trained healthcare professionals; such information is provided for informational and educational purposes only and is not medical advice to consumers. This information is not meant to be a substitute for the advice of your own physician or other medical professional or as a substitute for any information contained on or in any product packaging, instructions, or labels, and you should not use this information for diagnosing or treating a health problem or disease. You should always consult your own physician before starting or stopping any medication, or undertaking a medical treatment or procedure. Information provided about specific providers may not be complete, and is not intended to be an endorsement of any particular provider’s practice or employees. 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 Sites.

10. Privacy Notice.

10.1 We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect, store, use, share, transfer, delete, and otherwise process when you connect to, access, or use any of the Sites. Our policy and practices and the types of information collected are described in detail in our Privacy Notice. If you intend to connect to, access, or use any of the Sites, you must first read and agree to the Privacy Notice.

11. Disclaimers.

11.1 Disclaimer of Warranties. NEITHER CANDELA NOR ANY OF ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS  WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT (AS DEFINED ABOVE) AVAILABLE ON THE SITES, INCLUDING IN CONNECTION WITH ANY STATUTES, REGULATIONS, RULES, ORDERS, OR OTHER LAWS IN YOUR STATE OF RESIDENCE, OR ANY OTHER APPLICABLE LAWS, INCLUDING FDA RULES AND REGULATIONS. THE SITES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS, WITH ALL FAULTS. YOUR USE OF THE SITES IS EXCLUSIVELY AT YOUR OWN RISK. NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS  MAKE ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OF ACCURACY QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS, OR COMPLETENESS OF ANY CONTENT OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SITES, OR ANY OTHER WARRANTY OF ANY KIND CONCERNING THE SITES OR THE CONTENT AND THE PRODUCTS AND SERVICES AVAILABLE OR DESCRIBED ON THE SITES, 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. NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS WARRANT THAT THE SITES OR CONTENT WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, CURRENT, COMPLETE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11.2 Assumption of Risk. 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.

11.3 Product Availability. Please note that certain products shown on the Sites may or may not be approved for distribution in your country.

11.4 No Duty to Update. The Content on the Sites 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 Sites. The Sites’ availability and functionality depend 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, 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.

12. Security Breach Notification.

12.1 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 any 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 an 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.

13. Limitation of Liability.

13.1 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, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR USE OF THE SITES OR RELIANCE UPON ANY INFORMATION OR OTHER CONTENT 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. IN ANY CASE, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITES OR THESE TERMS SHALL BE LIMITED TO $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE OR LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14. Indemnification.

14.1 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. We may assume the exclusive defense and control of any claim for which you are required to indemnify us under this section, and you agree to cooperate, at your expense, with our defense of such claims. You may not settle or otherwise compromise any such claim without our prior written consent, not to be unreasonably withheld. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine applicable in that jurisdiction.

15. Links to Third Party Websites.

15.1 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 any Site. You should review the terms and conditions related to the use of any third-party websites before using them.

16. Submitting Information to Us.

16.1 Please see our Privacy Notice for information about howe we collect store, use, share, transfer, delete, and otherwise process your personal information. Subject to our Privacy Notice, any feedback or other information you submit to us through a Site will be deemed non-confidential and non-proprietary, and by transmitting such information to us without a separate written agreement relating to your submission, you agree that we may use that information for any purpose without obligation to you. You represent and warrant that you own, or otherwise possess sufficient rights in, all such information; you grant to us a non-exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, publicly display, publicly perform, prepare derivative works from, transmit, and distribute such information as we see fit; and you agree that we are free to use any ideas, concepts, or know-how contained in such information. If you do not wish us to use your information for commercial or other purposes, please do not submit that information to us.

17. International Users.

17.1 The Sites were created by and are 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 Content at the Sites is appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above. Accessing any Site from any jurisdiction where such Site's Content is illegal is prohibited. You may not use any Site or export the Content 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 statutes, regulations, rules, orders, and other laws.

18. Governing Law, Dispute Resolution, and Venue.

18.1 Dispute Resolution. 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 Notice and performance under them. If any controversy, claim, or other dispute between you and Candela arises out of your use of the Sites or these Terms, including any breach, termination, enforcement, interpretation, or validity of these Terms (and including the determination of the scope or applicability of this agreement to arbitrate), either party may give notice to the other, specifying in reasonable detail the nature of the dispute, and the parties shall thereafter use good faith efforts to resolve the dispute through in-person or videoconference negotiations. Your notice must be specific to you and must be sent to: Candela Corporation, Attn: Legal Department, 251 Locke Drive, Marlborough, Massachusetts, 01752, USA. We may send our notice to you to any available address or email address we may have on file for you. If such negotiations have not resolved the dispute within thirty (30) days of initial notice thereof, the dispute shall be resolved by final and binding confidential arbitration before a single neutral arbitrator administered by JAMS or its successor (“JAMS”) in accordance with its then-current Streamlined Arbitration Rules and Procedures (“Jams Rules,” available at www.jamsadr.com) or, if the claims qualify, in small claims court. If you are an individual, JAMS’ Consumer Arbitration Minimum Standards (the “Minimum Standards”) shall apply. The arbitration will be conducted in Boston, Massachusetts, except as otherwise required by the Minimum Standards, if they apply, by a single neutral arbitrator.

18.2 In arbitration there is no judge or jury, and court review of an arbitration award may be limited; however, an arbitrator can award on an individual basis the same damages and relief as a court. We each agree that any and all disputes, claims, and causes of action arising out of or connected with these Terms or the Sites shall be resolved individually, without resort to any form of class, consolidated, or representative action; however the parties may agree to settle claims on a class-wide basis if they mutually agree to do so. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing discussion and arbitration requirements, either you or Candela may bring suit in court (as provided below) to enjoin infringement or other misuse of confidential information or intellectual property rights at any time.

18.3 If for any reason a claim proceeds in court rather than in arbitration, any suit or other action or dispute arising out of, or in any way connected with, these Terms or 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 conveniens, 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.

19. Limitation of Actions.

19.1 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.

20. Severability.

20.1 If, for any reason, a court of competent jurisdiction finds any provision of these Terms or the Privacy Notice, 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 and the Privacy Notice, and the remainder of these Terms and the Privacy Notice shall continue in full force and effect.

21. Remedies.

21.1 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.

22. Miscellaneous.

22.1 Relationship of the Parties. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

22.2 California Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Consumer Information Center of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22.3 Assignment by Candela. Candela may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Sites to a third party without your consent or prior notice to you.

22.4 Assignment by You. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without Candela's prior explicit and written consent.

22.5 Waiver. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

22.6 Entire Agreement. These Terms constitute the entire terms and conditions between you and Candela relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between us, including, without limitation, those made by or between any of our respective representatives, with respect to the Candela products and the Sites. You agree that no parole evidence shall be admitted in any judicial proceeding to establish any terms inconsistent with these Terms. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Candela in entering into these Terms.

23. Contact us.

23.1 Contact Information. For information, questions or notification of errors, please contact: Candela Corporation, 251 Locke Drive, Marlborough, MA 01752. Phone: (508) 358-7400.

23.2 Electronic Communications. By using the Sites or sending us emails, you are communicating with us electronically, and you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


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