Terms of Use - Alma Lasers

Thank you for visiting the Alma Lasers, Inc. ("Alma Lasers") Web site (the "Site"). This page sets out the terms and conditions ("Terms and Conditions") which will govern your use of the Site. Compliance with these Terms and Conditions is a condition to your use of the Site. If you do not agree to be bound by these Terms and Conditions, promptly exit this Site.
Ownership Of The Site
All content included on this Site (including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) (the "Site Content") is the property of Alma Lasers or its content suppliers and is protected by United States and international copyright and trademark laws. The compilation of all content on this Site is the exclusive property of Alma Lasers and is protected by U.S. and international copyright laws. All software used on this Site is the property of Alma Lasers or its software suppliers and is protected by United States and international copyright laws. The Site Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of Alma Lasers, except that you may download Site Content to any single computer for your personal use only, provided you keep intact all copyright, trademark and other proprietary notices and comply with any applicable end user license agreements. No part of any Site Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use in accordance with these Terms and Conditions (but in no event for resale or redistribution). You may not frame or utilize framing techniques to enclose any name, trademarks, service marks, Site Content or other proprietary information of Alma Lasers without first obtaining the express written consent of Alma Lasers.
Data
You acknowledge and agree that Alma Lasers shall have a royalty-free, perpetual, paid-in-full, irrevocable, non-exclusive and transferable right and license to use any and all data, records and other information transmitted to, by or through the Site, or otherwise provided to Alma Lasers in connection with the use of the Site (the "Data"), for Alma Lasers' business purposes and for all media now known or later developed. Included within the rights set forth above, Alma Lasers shall have the specific right to develop, populate and modify a database embodying all the Data compiled by Alma Lasers on the Site (the "Site Database"). You acknowledge that the Site Database is continually refined and updated and that the Site Database may expand as a result of the Data obtained during your use of the Site. As a condition of using this Site, you further agree that (i) Alma Lasers may gather such Data by physical or electronic means; and (ii) Alma Lasers will retain ownership of, and all right, title and interest in and to, the Site Database, as amended from time to time.
Trademarks
"Sonata"; "Harmony"; "AFT"; "CW Pulse"; "Aria"; "; "Magic Of Light" and the Alma Lasers logo, and other marks indicated on this Site, are trademarks and service marks of Alma Lasers, in the United States and other countries. Alma Lasers trademarks, service marks and trade dress may not be used without the prior written permission of Alma Lasers. All other trademarks not owned by Alma Lasers that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Alma Lasers.
Accuracy and Integrity of Information
Although Alma Lasers attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Alma Lasers. Information contained on the Site may be changed or updated without notice.
Interactive Areas
With respect to any interactive areas on the Site, if any, you may post comments and other content, and submit suggestions, ideas, comments, questions or other information, only so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and only so long as such content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form or spam. Alma Lasers reserves the right, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post messages or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards and other user forums, and the content of any such communications. Alma Lasers, however, will have no liability relating to or arising from the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. Alma Lasers retains the right to remove, in its sole and absolute discretion, communications that include any material deemed by Alma Lasers in its sole discretion to be abusive, defamatory, obscene or otherwise inappropriate.
Disclaimer of Warranties
Alma Lasers DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NONINFRINGEMENT. Alma Lasers SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. Alma Lasers DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THIS SITE, SITE RELATED SERVICES AND HYPERLINKED WEB SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Alma Lasers DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT Alma Lasers SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
Limitation of Liability Regarding Use of the Site
Alma Lasers AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify, defend and hold harmless Alma Lasers and its affiliates and information providers and its and their officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions.
Links or Pointers to Other Sites
Alma Lasers makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-Alma Lasers site, please be aware that such non-Alma Lasers Web site is independent from Alma Lasers and that Alma Lasers has no control over the content on that Web site. In addition, a hyperlink to a non-Alma Lasers Web site does not mean that Alma Lasers endorses or accepts any responsibility for the content or the use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Procedure for Making Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. ? 512), Alma Lasers is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to Alma Lasers' Copyright Agent: Telephone: Email: If you are notifying Alma Lasers of alleged copyright infringement, please be sure to provide the following information: (i) A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) A description of the allegedly infringing material and information sufficient to permit Alma Lasers to locate the material; (iii) Information reasonably sufficient to permit Alma Lasers to contact you, such as an address, telephone number and/or an electronic mail address; (iv) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and (v) A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to Alma Lasers that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions
General
Alma Lasers reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions shall otherwise remain in full force and effect. This Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to any choice of law rules. By using this Site, you agree to submit to the exclusive jurisdiction of, and agree that all disputes directly or indirectly related to this Site and these Terms and Conditions shall be litigated solely in, any state or federal court sitting in the County of Dade in the State of Florida, U.S.A., and you waive any objection to any such court that is based on lack of personal jurisdiction, improper venue or forum non conveniens. These Terms and Conditions constitute the entire agreement between Alma Lasers and you pertaining to the subject matter hereof. In its sole discretion, Alma Lasers may from time to time revise these Terms and Conditions by updating this posting. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Copyright 2004, Alma Lasers, Inc. All rights reserved.
Updates
Alma Lasers may make improvements and/or changes to this website at any time. Although we attempt to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. Alma Lasers does not have a duty to update information contained in this website, and Alma Lasers will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
Links
This website may contain links to websites operated by other parties. Alma Lasers makes no representations whatsoever about any other website that you may access through this site. The linked sites are not under the control of Alma Lasers, and Alma Lasers is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply Alma Lasers? endorsement or acceptance of material on any other site, and Alma Lasers disclaims all liability with regard to your access to such linked websites. Alma Lasers provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third-party sites linked to this website, you do this entirely at your own risk