Online Terms of Use
Effective Date: December 1, 2013
These Online Terms of Use govern your access to websites controlled by CosmoDermix Medical Technologies, INC., including its subsidiaries and affiliates (together referred to as “CosmoDermix”), which link to these Online Terms of Use (together referred to as “CosmoDermix websites”). These Online Terms of Use do not apply to CosmoDermix websites that do not link to these Terms of Use or to third-party websites to which CosmoDermix websites may link. Your use of CosmoDermix websites is subject to these Online Terms of Use and the Privacy Policy.
CosmoDermix reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes, and good business practices without prejudice to your rights under applicable law. If CosmoDermix changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes, and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the CosmoDermix websites, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use, which you may view when accessing the CosmoDermix websites. If you disagree with these Online Terms of Use or are dissatisfied with the CosmoDermix websites, your sole and exclusive remedy is to discontinue using this CosmoDermix website.
Disclaimers
You acknowledge and agree that:
Although we strive to provide the latest developments relating to our products and services on the CosmoDermix websites and other Information provided on these websites, we do not warrant the accuracy, effectiveness, and suitability of any information on the CosmoDermix websites. Each person assumes full responsibility for all risks arising from using the CosmoDermix websites. The Information is presented “AS IS” and may include technical inaccuracies or typographical errors. CosmoDermix reserves the right to make additions, deletions, or modifications to the Information on the CosmoDermix Websites at any time without prior notification.
COSMODERMIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THE COSMODERMIX WEBSITES. COSMODERMIX HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL COSMODERMIX BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE COSMODERMIX WEBSITES, AND/OR THE INFORMATION OR CONTENT POSTED ON THE COSMODERMIX WEBSITES, REGARDLESS OF WHETHER COSMODERMIX HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
CosmoDermix is not responsible and provides no warranty whatsoever for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on the CosmoDermix websites, CosmoDermix will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on the CosmoDermix websites. Therefore, such Information should be considered suspect and not endorsed by CosmoDermix.
The CosmoDermix websites may contain forward-looking statements that reflect CosmoDermix’s current expectations regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on several factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. CosmoDermix intends to update the CosmoDermix websites regularly but assumes no obligation to update any content.
Your Use
You understand, acknowledge, and agree to the following:
By using the CosmoDermix websites, you agree not to disrupt or intercept our electronic Information posted on the CosmoDermix websites or any of our servers. You also agree not to attempt to circumvent any security features of the CosmoDermix websites and to abide by all applicable local, provincial, federal, and international laws, rules, and regulations.
You grant to CosmoDermix the right to use all content you upload or otherwise transmit to the CosmoDermix websites, subject to these Online Terms of Use and CosmoDermix’s Privacy Policy in any manner CosmoDermix chooses, including, but not limited to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it. To the extent allowed by applicable law, you waive any moral rights you may have to content you upload or otherwise transmit to the CosmoDermix websites (if any).
Except as expressly stated and agreed upon in advance by CosmoDermix, no confidential relationship shall be established if any user of the CosmoDermix websites should make any oral, written, or electronic communication to CosmoDermix (such as feedback, questions, comments, suggestions, ideas, etc.). If any CosmoDermix websites require or request that such Information be provided and that such Information contains personal identifying information (e.g., name, address, phone number, email address), CosmoDermix shall obtain, use, and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted in addition to that shall be considered non-confidential, and CosmoDermix shall be free to reproduce, publish, or otherwise use such Information for any purposes whatsoever, including, without limitation, the research, development, manufacture, use, or sale of products incorporating such Information. The sender of any information to CosmoDermix is fully responsible for its content, including its truthfulness and accuracy, and its non-infringement of any other person’s proprietary or privacy rights.
Product Labeling
Product names, descriptions, and labeling may be of Canadian origin or a third country’s origin which is not your country of residence. Products may not be available in all countries or under a different brand name, in different strengths, or for different indications. Some products listed are available only by prescription through your local healthcare professional. Except as expressly stated and agreed upon in advance by CosmoDermix, no director, employee, agent, or representative of CosmoDermix, its subsidiaries, and affiliates are engaged in rendering medical advice, diagnosis, treatment, or other medical services that in any way create a physician-patient relationship through the CosmoDermix websites.
Intellectual Property
The Information, documents, and related graphics published in the CosmoDermix websites (the “Information”) are the sole property of CosmoDermix, except for Information provided by third-party providers under contract to CosmoDermix. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this CosmoDermix website are used separately from accompanying text. CosmoDermix is not responsible for content provided by third-party providers, and you are prohibited from distributing such material without the copyright owner’s permission. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark, or other proprietary right of CosmoDermix. No use of any CosmoDermix trademark, trade names, trade dress, and products in the CosmoDermix websites may be made without the prior written authorization of CosmoDermix, except to identify the product or services of the company.
In light of the recent developments in conversational AI technology, except as stated, all the general information and article contents on CosmoDermix Websites are generated, edited, rewritten, or summarized with the assistance of AI technology, including but not limited to pictures and graphs used to combine with the text (except for products related specification, indication and safety)
Privacy and Security
CosmoDermix is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the CosmoDermix websites. Our Privacy Policy governs our use of personally identifiable Information, and by accessing and using the CosmoDermix websites, you agree to be bound by that Privacy Policy.
You recognize and agree that when submitting your personally identifiable Information to the CosmoDermix websites, while CosmoDermix has safeguards to prevent unauthorized access or interception, there is no absolute security guarantee.
IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, COSMODERMIX SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF COSMODERMIX HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSMODERMIX DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR PASSWORD.
Limitation of Liability
CosmoDermix does not assume any liability for the materials, Information, and opinions provided on, posted to, or otherwise available through the CosmoDermix websites. Reliance on these materials, Information, and opinions is solely at your own risk. CosmoDermix disclaims any liability for injury or damages resulting from using the CosmoDermix websites or the content.
THE COSMODERMIX WEBSITES, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE COSMODERMIX WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL COSMODERMIX OR ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “COSMODERMIX PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE COSMODERMIX WEBSITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE COSMODERMIX WEBSITES, OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE COSMODERMIX WEB SITES OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY COSMODERMIX AND WHETHER OR NOT COSMODERMIX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the CosmoDermix Websites or these Online Terms of Use more than one (1) year after such claim or cause of action arose. PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE COSMODERMIX WEBSITES.
General
You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. The CosmoDermix websites were created and are operated under the laws of Ontario and Canada. The laws of Ontario will control the terms provided in these Online Terms and Conditions to the extent that the laws of Ontario are not overridden by applicably mandatory law, e.g., consumer protection laws applying to you if a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable. In that case, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.