GENERAL TERMS OF USE

Please review the following terms of use (“Agreement”) that govern your use of SpectraGenics.com other services (the “Services”) offered on our site. This Agreement governs your use of the Services offered on SpectraGenics.com. Please read the requirements of this Agreement carefully. Your use of and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit SpectraGenics.com.


PRIVACY POLICY.

In addition to reviewing this Agreement, you should also read our Privacy and Security Policy to better comprehend how we collect and use your personal information. Your use of the site and its Services constitutes your agreement to its terms and conditions.


CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE.

SpectraGenics, Inc. (“SpectraGenics”) reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. SpectraGenics also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of SpectraGenics.com, which may be posted in the relevant parts of SpectraGenics.com, and will be clearly identified. Your continued use of SpectraGenics.com constitutes your agreement to comply with these additional rules.


SUSPENSION OR TERMINATION OF YOUR USE.

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to SpectraGenics’s other remedies. SpectraGenics further reserves the right to terminate, without notice, any user’s access to or use of SpectraGenics.com for any reason.


TERMINATION.

SpectraGenics reserves the right without notice, at any time and for any reason, to terminate SpectraGenics.com or any portion thereof or any products or Services offered through SpectraGenics.com.


OWNERSHIP OF THE SITE AND SITE INFORMATION.

SpectraGenics.com is expressly owned and operated by SpectraGenics. Unless otherwise noted, the design and content features on SpectraGenics.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by SpectraGenics or its affiliates or are licensed from third party service providers by SpectraGenics. The site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.


SITE INFORMATION IS PROVIDED “AS IS.”

Site Information is provided “as is” with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. SpectraGenics.com may change, delete or update any Site Information at any time and without prior notice.


USE OF THE SERVICE BY YOU.

You may view and use the Site Information only for your personal information and for ordering on SpectraGenics.com. Except as set forth in this Agreement, SpectraGenics.com does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the site and the Services is personal to you—you may not authorize others to use the site and the Services, and you are responsible for all use of the site and the Services by you and by those you allow to use, or provide access to, the site and the Services. You agree to use the site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.


NON-COMMERCIAL USE ONLY.

SpectraGenics.com is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the site for any purpose. You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or SpectraGenics. Illegal and/or unauthorized uses of the site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.


ELIGIBILITY TO USE THE SITE AND THE SERVICES.

The site and the Services are not intended for users under the age of 18. To register for any Services offered on SpectraGenics.com, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use SpectraGenics.com in conjunction with your parents or guardians. SpectraGenics does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to SpectraGenics. If a child under 13 submits information through any part of SpectraGenics.com, and SpectraGenics becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.


REGISTRATION WITH SPECTRAGENICS.COM.

You will need to provide us with certain information, including your name, address, phone number and email address, to open an account.


SHOPPING CART ORDERS.

At this time, when you request to purchase items in your shopping cart, we will forward your request and certain account information to the applicable ecommerce service provider for processing. The sales transaction will occur and be consummated on the retailer’s or service provider’s site and not on SpectraGenics.com. In the future, SpectraGenics.com may conduct some or all of these sales transactions itself, but at this time, it only facilitates your requests.


DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SPECTRAGENICS, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. SPECTRAGENICS, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SPECTRAGENICS.COM.

SPECTRAGENICS, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH SPECTRAGENICS.COM, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SPECTRAGENICS.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE SPECTRAGENICS, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.


THE SECURITY OF SPECTRAGENICS.COM.

We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard SpectraGenics.com, our systems and our users personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, SpectraGenics cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with SpectraGenics.com.


ELECTRONIC COMMUNICATIONS.

When you visit SpectraGenics.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you be email or by posting notices on SpectraGenics.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


JURISDICTION AND GOVERNING LAW.

SpectraGenics makes no representation that the Site Information, the Services or products offered through SpectraGenics.com are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through SpectraGenics.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in northern California. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.


SPECTRAGENICS.COM IS FOR USE IN THE UNITED STATES.

SpectraGenics.com is hosted in the United States, but may be hosted in India if there are server malfunctions in the U.S. If you are a non-U.S. user of SpectraGenics.com, by visiting our website, using its Services and/or providing us with any Content, you agree to comply with all federal and state U.S. laws governing the site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.


TRADEMARK NOTICE

The Spectragenics logo, Spectragenics.com URL, TRIA logo, triabeauty.com URL, “Enlightened Skin Science” and “The Enlightened Solution” are trademarks of SpectraGenics, Inc.


SpectraGenics, Inc.
5880 W. Las Positas Blvd., Suite 52
Pleasanton, CA 94588