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GENERAL
These Terms of Use and policies (collectively, "Terms of Use") apply to the www.quantel-derma.com web site and to any and all other web sites owned, operated, licensed or controlled by Quantel Derma GmbH, or its subsidiaries and/or affiliates, (collectively, "Quantel Derma", "We" or "Our"), to which these Terms of Use are posted (collectively, the "Site(s)").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE, ITS CONTENT AND ANY INFORMATION DERIVED FROM OR AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO NEW FEATURES, ENHANCEMENTS OR UPDATES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE SITE OR ANY INFORMATION AVAILABLE HEREON.
We reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of any revisions to these Terms of Use shall signify your acceptance of such revisions and your agreement to be bound by the modified Terms of Use for all uses of this Site thereafter.
This Site is intended for use by the general public as well as by physicians, associated medical personnel, patients, medical clinics, Quantel Derma’s clients and its shareholders. You represent and warrant to Quantel Derma that (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations hereunder, and (b) you have and will provide accurate and complete information to Quantel Derma as and when requested hereunder.
You acknowledge and agree that from time to time this Site and any Quantel Derma services available hereunder may be inaccessible or inoperable for any reason, without liability to Quantel Derma, including but not limited to, (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Quantel Derma may undertake from time to time, or (c) causes beyond the control of Quantel Derma or which are not reasonably foreseeable by Quantel Derma.
Quantel Derma reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any activities or components of the Site (or any part thereof) or to remove or modify, temporarily or permanently, any content with or without notice.
You grant Quantel Derma and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your data in connection with the operation of the Site. QUANTEL DERMA CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DATA YOU SUBMIT TO ANY SECTION OF THE SITE OR YOUR OR ANY THIRD PARTIES' USE OR MISUSE OF DATA TRANSMITTED OR RECEIVED FROM OR THROUGH THE USE OF THE SITE.
Any questions or requests for further information regarding this Site and/or the Terms of Use should be addressed to:
Quantel Derma GmbH
Am Wolfsmantel 46
91058 Erlangen, Germany
Tel. +49 (0) 91 31 / 9 40 88 - 0
Fax +49 (0) 91 31 / 9 40 88 - 99
RESTRICTIONS ON USE OF MATERIALS
The content and materials of this Site (including but not limited to software, text, displays, images, illustrations, designs, icons, photographs, video clips, audio, flash and Macromedia movies, written and other materials) are proprietary to Quantel Derma or third parties and are protected by copyright laws of the United States and other countries ("Copyright Laws"). The selection, arrangement, compilation and presentation of all Materials (including information in the public domain), and the overall design of Site are the exclusive property of Quantel Derma and protected by Copyright Laws. Permission is granted to view and print materials from the Site for the non-commercial purpose of viewing, reading and retaining for reference. Any other reproduction, distribution or public performance, including but not limited to, the use of any such material on any other web site or networked computer environment or the public display of these materials, in whole or in part, is prohibited without the express prior written permission of Quantel Derma, requests for which should be submitted by fax or e-mail to Quantel Derma at the contact number or address above.
Quantel Derma has used reasonable efforts in collecting, preparing and providing quality content and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currentness of the information contained in or linked to this Site. Users of content from this Site or links do so at their own risk. Any reference made by this Site or any other Quantel Derma Site(s) to any specific commercial product, process or service (or provider of such product, process or service) other than Quantel Derma, by trade name, trademark, hyperlink or otherwise, does not constitute or imply an endorsement, recommendation or favoring by Quantel Derma. Content on this Site may be provided by third parties, including but limited to Quantel Derma ‘s affiliates, licensors and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect the views, findings or opinions of Quantel Derma.
LINKING TO THE SITE
Unless you have a written agreement in effect with Quantel Derma which states otherwise, you may only provide a hypertext link to the home page of this Site on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Quantel Derma's name and Trademarks as defined herein, (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Quantel Derma, (c) the link, when activated by a user, must display the home page of this Site full-screen and not within a "frame" on the linking web site, and (d) Quantel Derma reserves the right to revoke its consent to the link at any time in its sole discretion immediately upon written notice.
SEARCH & OUTSIDE LINKS
Quantel Derma does not and cannot guarantee that your search results will be complete or accurate or that links associated with results will be accurate or active at the time of your search.
To the extent that this Site, or searches preformed through the Site, contains links to outside services and resources, Quantel Derma does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. Quantel Derma assumes no responsibility and shall not held liable in any sort of way for the content of any site referred to by any of its sections and is not responsible for any errors or omissions contained in such sites, or the integrity or quality of such content or any offensive or otherwise objectionable content contained in such sites.
INTERACTIVE AREAS AND PUBLIC COMMUNICATION
"Interactive Area" shall mean but is not limited to mailing lists, request information forms and letters to the editors, Webmaster(s) or employees, or e-mail functions offered as part of this Site or any other related Sites, and other forms of group electronic communications through the Site(s).
If you participate in Interactive Areas you are responsible for your own communications and the consequences of transmitting or posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) constitutes charity solicitations, chain letters or pyramid schemes; (5) contains a virus, worm, trojan horse, time bomb or any other harmful program or component; or (6) does not generally pertain to the designated topic or theme of the Site.
You also expressly agree that you will not: (a) after receiving a warning, continue to post material which we have advised you not to post; (b) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate "spam," mass-mailings or unsolicited commercial bulk mail; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the content or the services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another of our user's use and enjoyment of the Site.
You expressly agree that (a) you will not discuss or refer to any particular patient, any particular patient's medical condition or any other information which could identify a particular patient; (b) you will not discuss, endorse or refer to "off-label" uses of medical products, including any uses which have not been approved by the U.S. Food and Drug Administration or other applicable regulatory agency.
By uploading materials of any kind to any Interactive area or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license, with right of sublicense, to use, reproduce, modify, adapt, publish, translate, transmit, publicly display and publicly perform, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
We do not, and are not responsible for, screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to these Terms of Use, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material which is abusive, illegal, disruptive or that is alleged by any third party to violate their property rights or otherwise fails to conform to these Terms of Use. We reserve the right to edit or delete any material posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED ON INTERACTIVE AREAS IS AT YOUR OWN RISK.
The Interactive areas shall be used by users only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other Users of this Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
QUANTEL DERMA CONTENT, PRODUCT AND SERVICE INFORMATION - LIMITATIONS.
All content available through the Site, including but not limited to data, pictures of products, technical drawings, configurations, quote and order information and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Site. Specifications for products and services are subject to change without notice and Quantel Derma reserves the right to make changes without notice to processing, materials or configuration. All information on the Site is subject to the notices and disclaimers below.
Trademarks
All products and/or all other products and/or services and/or names referenced herein or included in the Site (including but not limited to page headers, custom graphics and button icons), are either registered (or application pending) trademarks in the United States or other countries, trade names, service marks, trade dress or domain names of Quantel Derma (collectively, "Trademarks") and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Quantel Derma. All other names are or may be registered trademarks or trademarks of their respective owners.
Patents
Quantel Derma‘s products and processes referred to or posted on the Site are covered by one or more patents and/or are subject to other trade secret protections and/or proprietary rights. Quantel Derma reserves all such rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Site. You agree not to infringe upon any of the above rights or any other intellectual property interest of Quantel Derma.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
DISCLAIMERS AND LIMITATIONS
THE INFORMATION, MATERIALS AND FUNCTIONALITIES PROVDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. QUANTEL DERMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE INFORMATION OR MATERIALS DISPLAYED IN OR THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ANY PORTION OF IT OR THE SERVER(S) THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
QUANTEL DERMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT QUANTEL DERMA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR COMPUTERS, SYSTEM OR NETWORK RELATING TO USE OF THIS SITE.
THE INFORMATION POSTED OR AVAILABLE ON OR THROUGH THIS SITE BY QUANTEL DERMA, BY ITS LICENSORS OR BY ANY THIRD PARTY, INCLUDING INFORMATION OR MATERIALS BY ANY OFFICER, EMPLOYEE, DIRECTOR, AGENT OR REPRESENTATIVE OF ANY OF THE FOREGOING, IS NOT INTENDED TO BE AND SHALL NOT BE DEEMED TO BE MEDICAL ADVICE, SHOULD NOT BE RELIED UPON BY YOU AS SUCH AND IS NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED PHYSICIAN OR MEDICAL PRACTITIONER. QUANTEL DERMA AND ITS LICENSORS DO NOT ANSWER SPECIFIC MEDICAL QUESTIONS OR REFER PEOPLE TO A PARTICULAR MEDICAL PROFESSIONAL.
TO THE EXTENT YOU ARE ABLE TO OBTAIN KNOWLEDGE OF OR INFORMATION ABOUT A MEDICAL PROVIDER THROUGH THE USE OF THIS SITE, NEITHER QUANTEL DERMA NOR ITS LICENSORS MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THE SKILL, TRAINING OR CAPABILITIES OF ANY SUCH MEDICAL PROVIDER (OR ITS EMPLOYEES OR REPRESENTATIVES). AS WITH ANY MEDICAL TREATMENT, RESULTS MAY VARY WITH EVERY CLIENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUANTEL DERMA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
YOU ARE ENCOURAGED TO CONFIRM ANY INFORMATION OR MATERIALS CONTAINED HERE WITH OTHER SOURCES.
QUANTEL DERMA ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU OR BY ANY OTHER USER, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE ANY NEGLIGENCE, ACTION OR OMISSION OF QUANTEL DERMA OR BY A USER'S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, QUANTEL DERMA DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED TO, BY OR THROUGH THE SITE IS SECURE OR WILL BE MAINTAINED.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS. IN SUCH STATES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY OR ATTRIBUTABLE TO QUANTEL DERMA, SHALL QUANTEL DERMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR THE INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE USE OF THIS SITE, OR IN RELIANCE ON THE CONTENT OF THIS SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, THE HACKING INTO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ANY OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF QUANTEL DERMA OR A QUANTEL DERMA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. WITHOUT DEROGATING THE AFOREMENTIONED, IN NO EVENT SHALL QUANTEL DERMA'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold Quantel Derma, including but not limited to, all of its officers, directors, shareholders, affiliates, parent, subsidiaries, employees, agents and representatives, harmless from and against any and all losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of investigation and litigation) arising from, incurred as a result of or in any manner related to (1) your breach or violation of the these Terms of Use, whether knowingly or unknowingly, and (2) your unauthorized or unlawful use of the Site.
TERMINATION
These Terms of Use are effective until terminated or modified by Quantel Derma. Quantel Derma reserves the right to terminate a user's access to any or all sections of the Site or Interactive areas, for any reason, including but not limited to any breach of these Terms of Use or in the event of Site corruption or other technical difficulties. Upon any such termination of these Terms of Use or your use of or access to this Site, you shall destroy all information and materials obtained from or through this Site and any and all related documentation, materials and copies thereof, whether made pursuant to or in violation of these Terms of Use or otherwise.
ARBITRATION
In the event that any dispute arises regarding these Terms of Use or any events or transactions involving this Site, such dispute shall be resolved by arbitration as provided herein. Arbitration shall be initiated by a written notice ("Dispute Notice") given by either party (the "Claimant") to the other party, accompanied by (i) a statement of the Claimant describing the dispute in reasonable detail, and (ii) any documentation or material supporting the Claimant's position on the dispute. Within sixty (60) days after the other party's ("Respondent") receipt of the Dispute Notice and accompanying materials, the parties shall submit the dispute to binding arbitration in Loudoun County , Virginia , U.S.A. under the rules of the American Arbitration Association. Within the sixty-day period referred to in the immediately preceding sentence, the parties shall agree on a single arbitrator to resolve the dispute. If the parties fail to agree on the designation of an arbitrator within said sixty-day period, the American Arbitration Association in Loudoun County , Virginia , U.S.A. shall be requested to designate the single arbitrator. If the arbitrator becomes disabled, resigns or is otherwise unable to discharge the arbitrator's duties, the arbitrator's successor shall be appointed in the same manner as the arbitrator was appointed.
The arbitration shall be conducted in accordance with the Commercial Rules of the American Arbitration Association, which shall be governed by the United States Arbitration Act. Any award arising out of arbitration (i) shall be binding and conclusive upon the parties; (ii) shall be limited to a holding for or against a party, and affording such monetary remedy as is deemed equitable, just and within the scope of these Terms of Use; (iii) may not include special, incidental, consequential or punitive damages; (iv) may in appropriate circumstances include injunctive relief; and (v) may be entered in court in accordance with the United States Arbitration Act. The arbitrator may not limit, expand or otherwise modify the terms of these Terms of Use.
GENERAL
Entire Agreement. These Terms of Use constitute the entire agreement between Quantel Derma and all users and visitors to this Site as to the governing terms and uses of the Site. Governing Law . These Terms of Use and your use of this Site and any and all information and material available by or through this Site, shall be governed by the laws of the Commonwealth of Virginia , without regard to principles of conflicts of law. Exclusive jurisdiction and venue for any and all suits, claims, actions or declaratory actions relating hereto shall lie solely in the state or federal courts located in Loudoun County , Virginia , personal jurisdiction to which is hereby consented by you. ANY AND ALL SUCH ACTIONS SHALL BE TRIED BY THE COURT SITTING WITHOUT A JURY AND YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A TRIAL BY JURY. In connection with any and all actions or proceedings in which Quantel Derma prevails against you, Quantel Derma shall be entitled to recovery of its costs and expenses, including but not limited to attorneys' fees through trial and any and all appeals. Severability . If any provision of these Terms of Use shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable herefrom and shall not affect the validity and enforceability of any remaining provisions, which shall remain in effect and be fully enforceable in accordance with their terms. Assignment . Quantel Derma may assign these Terms of Use, in whole or in part, in its sole discretion. You may not assign any rights or delegate any responsibilities under these Terms of Use without Quantel Derma’s prior written permission. Any attempt by your to assign your rights or delegate your responsibilities under these Terms of Use without Quantel Derma's prior written permission shall be null and void ab initio. The waiver by Quantel Derma of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same term or provision.
Contact us:
Quantel Derma GmbH
Am Wolfsmantel 46
91058 Erlangen, Germany
Tel. +49 (0) 91 31 / 9 40 88 - 0
Fax +49 (0) 91 31 / 9 40 88 - 99
