Terms Of Use

These are the terms of use ("Terms of Use" or "Agreement") applicable to our web site, www.samumed.com (collectively, "Site"). The Agreement is a legally binding contract between Samumed, LLC ("Samumed," "we", "our," or "us’) and anyone who accesses or uses the Site ("you" or "your").

The Terms of Use is complemented by our Privacy Policy (available at http://www.samumed.com/privacy) which governs, among other things, the collection and use of your personal information and other information when you visit the Site.

GENERAL USE OF SITE

The Site is intended for consumers, customers, and healthcare/medical professionals in the United States who are 18 years of age or older. If you are under 18, please do not use the Site. Use of the Site is subject to these Terms of Use as they may be modified from time-to-time at our sole discretion without prior notice. By accessing or using any part of the Site, you agree to abide by (i) all applicable laws; (ii) the current Terms of Use; and (iii) any additional terms that might apply to a specific program accessible via, related to, or associated with the Site (collectively, "Program Terms") which, together, constitute an agreement between you and us. Your continued access or use of the Site following any changes to this agreement constitutes your acceptance of those changes. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN DO NOT ACCESS OR USE THE SITE.

We reserve the right to restrict your access to our services, products and to your Samumed online account (if any) if you act in a manner that we deem to be inappropriate, fraudulent, deceptive, unfair and/or in violation of these Terms of Use.

You agree not to affect/interrupt or attempt to affect/interrupt the operation of this Site in any manner. We may at any time and for any reason, in our sole discretion, modify or discontinue the Site or Site Content (as defined in the following section) or terminate or restrict your access to the Site.

TRADEMARK, COPYRIGHT AND INTELLECTUAL PROPERTY

The Site and its content (including, without limitation, articles, text, photographs, illustrations, graphics, logos, video material, audio material, software, images, sounds, design, layout, look, appearance and graphics) (collectively, "Site Content") are protected by copyright, patent, trademark and other intellectual property laws. The Site Content is owned or controlled by us, our suppliers, business partners and/or other third parties. For example, the trademarks, service marks and logos of Samumed are marks of Samumed. Additionally, this Site itself is protected by copyright as a collective work and/or compilation. You may download content only for your personal use for non-commercial purposes. However, you may not reproduce, republish, distribute, sell, store on any other web site or other form of electronic retrieval system, or otherwise use any Site Content without our express permission. If you would like permission to use Site Content, please email us at info@samumed.com.

"REGISTERED USERS" AND "NON-REGISTERED USERS"

"Registered Users" are persons who have a valid registered account with us (as more fully described in our Privacy Policy). Registered Users are required to set up (and maintain) such an account with a username and password. Your username and password are for your own use only. You are responsible for maintaining the confidentiality of this information, and you are responsible for all activities that occur under your account, username and/or password.

"Non-Registered Users" are persons who do not have a valid registered account with us.

MEDICAL, COSMETIC AND/OR HEALTH RELATED INFORMATION

The Site may contain information relating to various medical, cosmetic and health related issues and conditions and their treatment. Such information is provided for general information only and is not meant to be a substitute for professional cosmetic, healthcare and/or medical advice, treatment or diagnosis. You should not use the information in this Site to diagnosis a health, cosmetic, medical or fitness problem, issue or condition; consult with a qualified professional.

USER CONTENT

We may post comments and other materials, communications, ideas, know-how, techniques, concepts and other content provided by a user (including the identity of such user if provided with the foregoing) on the Site (collectively, "User Content"). We are not the publisher or author of User Content, and we may not screen User Content before it is posted. Notwithstanding the foregoing, you acknowledge that we have the right (but not the obligation) to review any User Content that you have submitted to the Site, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of these Terms of Use; (b) might violate any law, infringe upon the rights of third parties, or subject us to liability for any reason; and/or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any content at any time, for the reasons set forth above, for any other reason, or for no reason. You agree (and represent and warrant) that any User Content you submit (i) will not be unlawful or infringe on the rights of others; and (ii) will accurately express your views, beliefs and opinions. You also agree to be solely responsible for any damages resulting from any User Content you submit. All User Content submitted to us will be treated as non-proprietary and non-confidential. By submitting User Content to us, you automatically grant us the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right to use, publish, reproduce, license, sublicense, distribute, sell, perform, translate, and display such User Content (including any drawings, images, sounds, video recordings, or other data embedded in the User Content and including adaptations and derivative works based on the User Content) for any purpose (including, but not limited to, developing, manufacturing and marketing products) and in any manner or medium now existing or hereafter developed.

INFRINGEMENT CLAIMS

Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe your work has been used in a manner on the Site that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:

Chief Legal Officer
Samumed, LLC
9381 Judicial Drive
San Diego, CA 92121
Email: copyright@samumed.com

Please include all of the following in your notification:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;

2. A description of the work you claim has been infringed;

3. A description of where the material you claim is infringing is located on the Site, including by providing a URL to the page containing the material (if applicable);

4. Your address, telephone number, email address, and all other information reasonably sufficient to permit us to contact you;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Site may contain material that is offensive or otherwise objectionable to you. The Site and all Site Content are provided on an "AS IS," "AS AVAILABLE" basis to the full extent permitted by law. This means that we do not warrant that the Site or Site Content will be (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your computer or computer network. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE (AND RELATED SERVICES, PRODUCTS, OFFERS, ETC.) ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. You acknowledge that the Site and Site Content may contain inaccuracies, typographical mistakes or other errors and we expressly exclude liability for any such inaccuracies, typographical mistakes or other errors to the fullest extent permitted by law.

NEITHER WE, NOR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) ARE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO CONTENT LOCATED ON (OR ACCESSIBLE VIA) THE SITE, OR RELATED TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, LOST SAVINGS, GOODWILL OR DATA, THE PROVISION OF PERSONALLY IDENTIFIABLE INFORMATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION, OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF SAMUMED HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF SAMUMED; OR (II) ANY FAILURE OF AN ESSENTIAL PURPOSE; OR (III) WHETHER SUCH LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT OR ANY OTHER THEORY OF LEGAL LIABILITY. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE EXCLUDED DAMAGES, SAMUMED’S LIABILITY SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.

It is strictly forbidden for you to create or introduce, or advise others to create or introduce, any type of virus or malware to the Site, which could (or will) cause damage or other harmful effects.

The content of the Site is only meant for informative purposes. Therefore, no information, materials, or content contained in the Site shall constitute advice, or substitute for professional advice.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer or exclusion of certain liabilities. To the extent that they are held to be legally invalid, the disclaimers, exclusions, and limitations set forth in these Terms of Use do not apply; however, all other terms and conditions shall apply and remain in full force and effect.

LINKS TO (AND COMMUNICATIONS WITH) THIRD PARTY SITES

The Site may include links to other web sites (and/or web pages) and/or applications that are not maintained by us. We are not responsible for any information, functionality, or content of these web sites/pages and/or applications maintained by third parties, nor does the presence of the links on our Site mean that we endorse such web sites/pages and/or applications. Your communications with, or use or purchase of products or services from, such third parties directly are subject to the terms of use and privacy policy of such third party.

LINKS TO THIS SITE

Prior approval from Samumed is required before a third party can link to this Site. We reserve the right to withhold approval (and/or rescind approval) for any reason and, if Samumed gives such approval, Samumed will decide which page on the Site will be linked to. Samumed is not responsible for any information, functionality, or content of, or related to, the web sites/pages and/or platforms maintained by such a third party, nor does the presence of a link to our Site on such third party’s web sites/pages and/or platforms mean that we endorse such web sites/pages and/or platforms.

INDEMNIFICATION

You agree to defend us, indemnify us, and hold us harmless (as well as our affiliated entities together with our/their respective officers, directors, members, employees, agents, and representatives) from and against all the liabilities, claims, damages, and expenses (including reasonable attorney and professional fees and costs) arising out of your use (or misuse) of the Site; your breach or alleged breach of these Terms of Use, any Program Terms, or our Privacy Policy; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

ACCEPTANCE AND CHANGES

By using the Site, you agree to accept the current Terms of Use. We may modify these Terms of Use at any time without notice. Your continued use of the Site now, or following any changes in these Terms of Use, will indicate acceptance by you of such rules, changes and/or modifications.

APPLICABLE LAW

Your use of the Site and these Terms of Use shall be governed by and construed in accordance with the laws of California, without regard to its conflict or choice of laws rules. All claims and disputes arising out of any of the foregoing, other than action for specific performance or injunctive relief brought by us, shall be exclusively brought in the federal, state, or local courts located in California, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.

MISCELLANEOUS

Failure by Samumed to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use (together with our Privacy Policy) constitute the entire agreement between you and Samumed with respect to the Site and your use thereof and supersedes all prior agreements or understandings, whether written or oral, between you and Samumed with respect thereto. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Samumed, its successors and assigns and you may not assign these Terms of Use or any of your rights and liabilities hereunder.

Samumed, LLC recognizes that the Internet is a global communications medium. However, laws, regulatory requirements and health, cosmetic and/or medical practices involving or associated with pharmaceutical and cosmetic products vary from country to country. Information included herein may not be appropriate for use outside the United States.