Last Modified: May 10, 2013
The Site is not intended for use by persons under the age of 18 or by any users previously suspended or removed from the Site. By using the Site, you represent that you are legally permitted to enter into a binding contract (at least 18 years of age in most jurisdictions) and that you have not been previously suspended or removed from any of the Site.
1. Ownership of Site Content
Any changes to your registration information should be made on the Site. If you provide information that is untrue, inaccurate, not current or incomplete, Merz may suspend or terminate your account and refuse any and all current or future use of the Site and any services provided through the Site.
After you register on the Site, you may receive a password for your use of the Site and any services offered therein. You are responsible for keeping your password confidential. You will be responsible for all uses of your password and account. You will close the browser window for the Site at the end of each use, and you will immediately notify Merz of any unauthorized use of your password. Merz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Copyright © 2013 Merz Pharmaceuticals, LLC. All rights reserved.
4. No Medical Advice
Any health related information contained in or available through the Site is provided for informational and educational purposes only and does not constitute medical advice, diagnosis, or treatment. This information is not intended to be a substitute for professional medical advice, diagnosis, or treatment or to replace discussions with your physician or other healthcare provider. Your use of the Site and the content and information available on or through the Site is at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately.
5. Legal Requirements
6. Your Use of the Site
You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail, or otherwise transmit (“Transmit”) through or in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third-party of information made public through the Site. IF YOU CHOOSE TO MAKE ANY PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
7. Prohibited Conduct
7.1 You agree that you will not, and will not permit anyone else to, directly or indirectly:
(a) use the Site in any unlawful manner or Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
(b) use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including e-mail addresses, about other users of the Site;
(c) Transmit any User Content: (i) that you do not have the right to Transmit under any law or contractual or fiduciary relationships, including without limitation any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark, or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data;
(d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site;
(e) interfere with the Site or servers or networks used in connection with the Site;
(f) interfere with the ability of others to use the Site;
(g) download, reproduce, duplicate, sell, resell, sub-license, distribute, publish or exploit for any commercial purposes any portion of the Site, the Site Content, or any User Content contained on the Site;
(h) use the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice;
(i) use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Merz’s prior written permission;
(j) include in any third-party website any hypertext link to any page or location within the Site without Merz’s prior written permission;
(k) mirror or display the Site or any portion thereof in frames without Merz’s prior written permission;
(l) impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity, or express or imply that we endorse any statement you make;
(m) remove or alter proprietary notices, labels, copyright or other proprietary rights on or in the Site or Site Content;
(n) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or structure, sequence and organization of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
(o) otherwise use the Site in violation of any law or contract.
8. Third-Party Sites, Products and Services; Links
8.1 For the convenience of our visitors, this website may include links or references to other external websites or services (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Merz has no control. Merz is not responsible for third party content or the consequences of your use of the Reference Sites. Merz does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. We have not reviewed all of the websites linked to the Site and is not responsible for the content of any third-party pages or any other websites linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services, or information of any other persons or companies by us. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and we therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. Merz makes no warranties, express, statutory or implied, with respect to the Reference Sites. You acknowledge and agree that Merz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.
8.2 Merz claims no ownership in, nor any affiliation with, any third-party trademarks appearing in the Site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Merz should be inferred from the use of these marks.
9. Expert Advice or Opinion
As a useful resource to our visitors, the Site may contain expert opinions. Information in the Site identified as expert opinion, or accessed from the Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of Merz.
10. Disclaimer of Warranties
THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC MEDICAL, HEALTH-RELATED, OR OTHER DECISIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MERZ DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. MERZ DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE MANNER. MERZ ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SITE OR ANY CONTENT ON THE SITE. MERZ MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SITE OR ANY CONTENT ON THE SITE, AND MERZ DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
11. Limitation of Liability and Damages
13. Special Considerations for International Use
The owner of the Site is based in the State of North Carolina in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.
14. Company Trademarks
All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including the following:
Aqua Lacten® Lotion
Aqua Med® Lotion
Mapo® Bath Oil
Mederma® for Kids™
Mederma® Stretch Marks Therapy
Radiesse® Voice Gel
Radiesse® Volumizing Filler
are registered and unregistered trademarks and service marks owned by Merz or its subsidiaries or affiliates or a third-party. These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Site are the property of Merz or third-parties and shall remain the property of Merz and such third-parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Merz or such third-party that may own such Mark. Your misuse of any such Mark, or any other Site Content, is strictly prohibited.
15. Comments and Questions
You may send to Merz comments, questions, suggestions or ideas relating to the Site. If you do, you agree that such information sent to Merz is not given in confidence, that Merz is not obligated to keep such information secret and that Merz is not obligated to respond. Merz shall be free to use the information you send to Merz without compensation, and in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. Merz may also reproduce, disclose and distribute the information in your communication to others without limitation.
16. Pricing, Availability and Features
Price, availability and features of the Site, or products or services featured on the Site, are subject to change without notice.
Any notices to you may be made via either e-mail or postal mail to the address in our records or via posting on the Site.
20. Procedure for Making Claims of Copyright Infringement
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the Site Content infringes your copyright, please provide Merz’s copyright agent the written information specified below.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Merz’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Merz Pharmaceuticals, LLC
6501 Six Forks Rd.
Raleigh, NC 27615
Copyright 2013 Merz Pharmaceuticals, LLC. All Rights Reserved.