Updated 11 August 2020
Welcome to our Website. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The terms “ASA,” “us” or “our” refers to Avellanet® Surgical Aesthetics LLC, the legal name of the owner of the Website. The term “you” refers to the user or viewer of our Website.
1. ACCEPTANCE OF AGREEMENT
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time and from time to time without notice to you, or authorization by you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. All changes to this Agreement will be effective immediately upon posting to the Site. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any changes or additions. If you disagree with any changes or additions to this Agreement, you must immediately cease using or accessing this Site in any manner. Your ongoing access or use of the Site after any changes or additions to this Agreement will be deemed acceptance of the changes and additions.
2. COPYRIGHT
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
3. SERVICE MARKS
“ASA” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
4. LIMITED LICENSE/PERMITTED USES
You are granted a non-exclusive, non-transferable, revocable access and use of the Site strictly in accordance with this Agreement; (a) to use the Site solely for your internal and personal purposes; and (b) to print out discrete information from the Site solely for internal and personal purposes and provided that you comply with all copyright and other policies contained therein.
5. RESTRICTIONS AND PROHIBITIONS ON USE
Your access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, license, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
6. FORMS, AGREEMENTS & DOCUMENTS
We may make available through the Site, sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal use for non-commercial purposes.
7. REGISTRATION/PURCHASE
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, your registration must be done using accurate and complete registration and/or purchase information. Each registration is for your personal use only.
8. THIRD PARTY CONTENT
Third party content or data may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content or data on the Site. You understand that the information and opinions in the third party content or data represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
9. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
10. INDEMNIFICATION
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
11. NONTRANSFERABLE
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
12. LIMITATION OF LIABILITY
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable there from, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content and data contained on the Site, or (5) any delay or failure in performance beyond our control or of an Affiliated Party.
13. USE OF INFORMATION
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
14. PRIVACY POLICY
Our Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement.
15. PAYMENTS
You represent and warrant that if you are purchasing a service or something from us that (1) any credit information you supply is true and complete, (2) charges incurred by you will be honored by your credit card company, and (3) you will pay the charges incurred by you at the established amount.
16. LINKS TO OTHER WEBSITES
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
17. LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
18. REFUND AND RETURN POLICY
To the extent that you purchase any goods or services directly from us, we will refund you your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us directly at dra@dravellanet.com.
19. YOU GRANT US ALL RIGHTS WHEN YOU SUBMIT CONTENT TO US
(a) By posting or submitting content on or to our Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio, comments, posts or otherwise), you are giving us the full and exclusive copyright to the content together with the right to display or publish such content on our site and elsewhere (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for any purpose.
(b) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (1) you own or have the necessary rights, consents, and permissions to use and authorize us to use the submitted material in the manner contemplated by us and this Terms of Use Agreement; and (2) you have the written consent, release, and/or permission of each and every individual person in such submissions in the manner contemplated by us and this Terms of Use Agreement. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Avellanet® Surgical Aesthetics LLC, we may authorize such content to be distributed or published on any other sites or publications.
20. TERMINATION
You agree that we, in our sole discretion, may terminate your registration and access to the Site under any provision of this Agreement.