Terms of Use
Welcome to www.estheticbreakthrough.com, Esthetic Breakthrough LLC’s United States website (the “Site”). Please carefully review these Terms of Use (“Terms”) and note the Terms apply to all persons and entities that visit or access the Site for any reason and at any time. For purposes of these Terms, Esthetic Breakthrough, LLC is referred to as EB, us, we, etc. Your use of this Site constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions contained in these Terms, you must not use or access the Site. EB also may make changes to these Terms at any time and in its sole discretion, which will be posted to this page and will become effective immediately upon posting. For this reason, we urge you to read these Terms each time you visit our Site.
1. Scope
We control and operate this Site from the United States of America (U.S.). This Site is intended for use by U.S. residents only and contains information regarding EB products and services available for sale or distribution within the U.S. only. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable.
Any references to products or services on the Site do not imply that EB intends to announce or offer these products or services in your country and non-U.S. residents are not guaranteed access to any benefits or opportunities provided at the Site.
2. Registered Users
Visitors to the Site may use the public areas of the Site for informational purposes which are subject to these Terms. In addition, certain areas of this Site may contain information intended only for medical professionals. Accordingly, EB reserves the right to limit access to certain areas of the Site to medical professionals who register and meet the qualifications imposed by us.
The resources may be provided in password-protected areas of this Site and are specific to and intended for medical professionals who specialize in the medical specialties we serve. To register, a medical professional must provide us with certain personal information, including their name, profession, email address, postal address, title and clinical affiliation.
If you do not qualify, please do not attempt to register with us. Upon our review and acceptance of your registration information, EB will provide you with a User ID and password.
The information you provide must be accurate and complete, and it is your responsibility to inform us of any changes to that information as soon as possible by emailing us at Webmaster@estheticbreakthrough.com.
We reserve the right to discontinue access to any restricted area of the Site at any time, without notice to you, for any reason. If you are or become a registered user, you are responsible for maintaining the confidentiality of your User ID and password. If you become aware of unauthorized use of your User ID and password, you agree to immediately notify EB. The personal information provided by you is subject to EB’s privacy policy, which can be found at www.estheticbreakthrough.com/privacy (the “Privacy Policy”).
3. Modifications to Site
EB reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. EB shall not be liable to you or any third party in the event that EB exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
4. Copyright Notice
All trademarks, service marks, and logos displayed on this Site are registered and unregistered trademarks of EB, its affiliates and/or subsidiaries, or third parties who have licensed their trademarks to EB, its affiliates, and/or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained on this Site and/or in commercially produced information presented to you through the Site by EB, its affiliates, its subsidiaries and/or EB's third party licensors (Content) is protected by copyright, patents or other proprietary agreements and laws, and you are only permitted to use Content as expressly authorized by EB, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you.
You may download, view, copy, and print Content, subject to the following:
(a) the Content may be used solely for personal, informational, or internal business purposes;
(b) any and all copyright, trademark, and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
(c) the Content may not be modified or altered in any way; and
(d) no graphics may be used separate from the accompanying text.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of EB. Requests for such permission should be made to Webmaster@estheticbreakthrough.com. Any rights not expressly granted herein are reserved. Please be advised that EB enforces its intellectual property rights to the fullest extent of the law.
Certain product, service, or company designations for companies other than EB may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where EB is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
5. No Medical Advice
The information on this Site is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition or treatment.
We may also include certain information, reference guides, and databases intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.
6. User Feedback
EB is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that EB, its affiliates, its subsidiaries, and/or EB's third-party licensors do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send your unsolicited ideas or any original materials to EB, its affiliates, its subsidiaries, and/or EB's third-party licensors. If, despite this request, you still submit your ideas and materials, please understand that by submitting the information through this Site, you assign EB, free of charge, all worldwide rights, title, and interest in all copyrights and other intellectual property rights in the information or materials you submit. We will be entitled to use any information and materials you submit through this Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to EB that you have the right to do so.
7. User Submissions
EB may allow online submission of user content and information. You agree not to post any false or inflammatory information. You agree EB cannot and shall not be held responsible in any way for any loss arising from the transmission or use of content or information submitted and/or obtained through the Site. In addition, EB may contract with a third-party service provider to host the user submission page.
8. Links
The Site may provide links to websites operated by EB outside of the U.S., as well as websites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by EB. EB does not review, monitor, or check the accuracy of content published on third party sites and is not responsible for the availability of and content provided on third party sites. If you choose to purchase any products and/or services from a third party, your relationship is directly with the third party, and EB is not responsible in any way for any loss and/or damage of any sort you may incur from dealing with any third party. Third party websites may contain information about the uses of products that have not been approved or cleared by the U.S. Food and Drug Administration. EB does not endorse the off-label use of any of our products.
In general, in the absence of any other agreement with EB, you may link or hyper-link to the home page of the Site from your website, subject to the following:
(a) you notify us by email at Webmaster@estheticbreakthrough.com specifying the URL of each page from which you will be linking to our home page;
(b) you do not frame the Site or any portion of the Site;
(c) you do not deep link into the Site (i.e., you do not link into any page other than the home page);
(d) the link or hyper-link to the Site is not used in a way that suggests that EB endorses you or your website;
(e) the link is identified using a plain text rendering of the EB name and not any trademark or EB logo;
(f) the link or hyper-link to the Site is not used or presented in any way that disparages EB or tarnishes, blurs, or dilutes the quality of EB's names or trademarks or any associated goodwill; and
(g) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
9. Disclaimer
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. EB MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. EB SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EB OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USAGE OF THIS WEBSITE MEANS THAT YOU AGREE WITH THESE TERMS AND CONDITIONS OF USAGE. IF YOU DO NOT AGREE, THEN DO NOT USE THIS WEBSITE.
10. Securities Laws
This Site may include forward-looking statements that involve risks and uncertainties concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives, that are beyond our control. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements.
The Site and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities filings or documents. We wish to caution the reader that actual results may differ from those discussed in the forward-looking statements and may be adversely affected by, among other things, risks associated with other factors described in our filings with the Securities and Exchange Commission.
11. Limitation of Liability
IN NO EVENT SHALL EB, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF EB WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
12. No Resale of the Site
Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell, or resell the Site without the express written consent of EB.
13. Privacy Policy
All information submitted to the Site, including but not limited to personally identifiable information, is treated in accordance with EB’s Privacy Policy.
14. Indemnity
You agree to indemnify, defend and hold EB, its subsidiaries, affiliates, shareholders, directors, officers, predecessors, successors in interest, employees, and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms.
15. Export Restrictions/Legal Compliance
EB controls this Site from within the U.S. You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
16. General
Certain activities at the Site are forbidden. You specifically agree that:
(a) You will not use any program to page-scrape, deep-link, spider, robot, or in any other way acquire or copy the website, irrespective of whether the program is automatically activated or manually activated, and;
(b) You will not attempt in any way to gain unauthorized access to any area of the Site by password mining, hacking, password stealing, or any other means, and;
(c) You will not reverse lookup, seek, or trace any information about any visitor this Site, and;
(d) You will not forge headers or manipulate headers in order to disguise the origin of any message you send to Esthetic Breakthrough, and;
(e) You will not attempt to circumvent the navigational structure of this website in order to hack, data mine, or otherwise exploit the Site.
In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable, or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. EB's failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the U.S., the laws, rules, and regulations of the U.S. shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
EB may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you.
These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by EB on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. All terms and provisions of these Terms which by their nature are intended to survive any termination or expiration of this Agreement, shall so survive.
17. Acknowledgment
By accessing this Site or registering with EB, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
18. Contact Information
If you have any questions regarding these Terms or the Site, please contact EB at Webmaster@estheticbreakthrough.com.