Terms of Use Agreement 

 

Welcome to the azélique® Website ("Site"). This Terms of Use Agreement ("Agreement") sets forth the Agreement between azélique®, ("we", "us", or "our") and each user ("user", "your" or "you") governing the use by you of this Site. Please read this Agreement before using this Site. By using this Site, you agree to be bound by the terms of use contained in this Agreement. By accessing this Site you agree that you have read, understand and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THE TERMS AND USE OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE.

This Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on this Site, including information that may be provided on this Site directly or by linking to third-party websites, are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

Terms of Use may change periodically. We will notify you of any material changes to the Agreement by posting a notice on this Site’s homepage for a reasonable period of time. You agree to regularly review this Agreement for any changes or modifications. Your continued use of this Site means that you accept any changes or modifications to this Agreement.

 

Links, Third Party Websites

Links to or access from any third party websites or resources is not an endorsement of any information, product or service. azélique® does not control or endorse any third party websites. azélique® is not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.

 

Copyright, Trademarks and other Intellectual Property

You acknowledge that all materials on this Site, including this Site’s design, text, graphics, sounds, pictures, software, and other files including the selection and arrangement thereof, (collectively, "Materials"), are the property of azélique®and are subject to and protected by United States’, international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, "Marks") contained on this site, including, without limitation, azélique®, are the sole property of azélique® and may not be copied or otherwise used, in whole or in part, without the prior written authorization of azélique®.

In addition all page headers, custom graphics and custom icons are the Marks of azélique® and may not be copied or otherwise used, in whole or in part, without the prior written authorization of azélique®. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners, with all rights reserved. Any use of any Materials or Marks owned by azélique® is considered an infringement or our intellectual property rights (including patent rights) and will be legally pursued as such.

By agreeing to the Terms of Use, you agree that you will not use any text, photos, likenesses or other copyrighted or protected material of azélique® or of other third parties.

 

International Access

This Site may be accessed by users in countries other than the United States. This Site may contain products or references to products that are not available outside the United States. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws and regulations. You agree that you will not use this Site content or products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Modifications

We reserve the right to modify the terms of use at any time and at our sole discretion. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.

 

Liability Disclaimer

YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. AZÉLIQUE® AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "AZÉLIQUE® ENTITIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

AZÉLIQUE® ENTITIES MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, THIS SITE WILL BE TIMELY, SECURE, ERROR-FREE OR UNINTERUPTED. NOR THAT THE RESULTS OBTAINED FROM THIS SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM AZÉLIQUE® ENTITIES OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AZÉLIQUE® ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING ANY LIABILITY AS A PUBLISHER OF INFORMATION, RESELLER OF ANY PRODUCTS OR SERVICES, FOR ANY DEFECTIVE PRODUCTS, FOR ANY INCORRECT INFORMATION OR INACCURATE INFORMATION, FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN AZÉLIQUE® AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF AZÉLIQUE®  ENTITIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM AZÉLIQUE® ON THIS SITE.

BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

 

Indemnification

You agree to indemnify, defend and hold harmless azélique® Entities from and against all losses, expenses, costs and damages including attorney's fees, resulting from your use of or contact on this Site, your use or your inability to use this Site or services, any products or services purchased or obtained by you in connection with this Site, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of azélique®.

azélique® makes no representation that Materials contained on this Site, or that products described or offered on this Site, are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users to this Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access this Site from any location or territory where its contents are illegal; and you, not azélique® are responsible for compliance with all applicable laws and regulations.

 

Privacy

Use of this Site is subject to the terms of our Privacy Policy and you agree to be bound by these terms. Please carefully review our Privacy Policy prior to using this Site. We reserve the right, and you authorize us to use information regarding your use of this Site or any other personal information provided by you in accordance with our Privacy Policy.

 

Agreement

This Agreement constitutes the only Agreement between azélique® and any and all Site users with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

 

Severability; Interpretation

If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation".

 

Applicable Law; Jurisdiction; Dispute Resolution

This Agreement and any dispute, litigation or arbitration arising from or in any way related to the Agreement or the relationship of the parties, whether the claims asserted in such dispute, litigation or arbitration are based on contract, tort, equitable relief or on any other basis shall be governed, construed and enforced in accordance with the laws of the United States and the State of California, with reference to the rules governing choice of laws.

Any litigation arising from or in any way related to this Agreement or the relationship of the parties must be brought in the federal or state courts located in Riverside County, California. You irrevocably consent to the jurisdiction of such courts and venue in Riverside County, California. 

To the extent permitted by applicable law, you and azélique® hereby waive the right to a trial by jury in any proceeding or litigation brought against the other with respect to this Agreement or this Site. In addition, neither you nor azélique® shall be entitled to join or consolidate claims by or against other Site user, or litigate any claim as a representative or class action or in a private attorney general capacity.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure of the benefit of and be enforceable against the parties and their respective successors and assigns.

 

Miscellaneous

The failure of the azélique® Entities to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term; and will not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of azélique® Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.

 

Contact Us

If you have any questions about these Terms of Service, the practices of this site, or your dealings with our website, you can contact us at: このメールアドレスはスパムボットから保護されています。閲覧するにはJavaScriptを有効にする必要があります。