XEOMIN® COSMETIC™

Terms of Use

These Terms of Use are a contract between you and Merz Pharma Canada Inc. (« Merz Canada »), a company with a principle place of business at 5155 North Service Road, Suite 202, Burlington, Ontario Canada, L7L 6G4. By using this website and any services accessible from this website, you are agreeing to be bound by the following terms and conditions (« Terms of Use »). If you do not agree to these Terms of Use, do not visit or use this website.

This website is not intended for use by persons under the age of 18 or by any users previously suspended or removed from this website by Merz Canada. By using this website, you represent that you are at least 18 years of age and have not been previously suspended or removed from any of this website by Merz Canada.

This website is intended is intended solely for audiences in Canada and is not intended for use by any other persons.

1. Ownership of Content.

This website is owned and operated by Merz Canada. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of this website (the « Materials ») are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and regulations. All Materials contained on this website are the property of Merz Canada or its parent or affiliated companies and/or third-party licensors, and it is Merz Canada’s policy to enforce its intellectual property rights to the utmost extent as set forth in applicable laws, including criminal sanctions. All trademarks, logos and service marks displayed on this website, whether registered or unregistered, are owned or licensed exclusively by Merz Canada or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials or the transmission of the Materials on this website, shall be construed as granting you any license or right in or to any patents, copyrights, trademarks, logos, or service marks owned or controlled by Merz Canada and/or any third parties. Merz Canada reserves all rights not expressly granted in this Terms of Use.

2. License

Merz Canada hereby grants you a nontransferable, nonexclusive license to use the Materials contained on this website solely for your own personal, non-commercial use, and information. You may download and/or print a single copy of any of the Materials contained in this website for your personal use provided that both the copyright notice and the permission notice appear on the copy and provided that the Materials are not modified. You shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications. Any reproduction, retransmission, modification or use of this website’s content for other than personal, non-commercial purposes requires the prior written consent of Merz Canada. The following copyright notice must appear on every copy of the Materials: Copyright © 2014 Merz Pharmaceuticals, LLC and Merz Canada. All rights reserved.

3. No Medical Advice

The health information contained in this website is provided for educational purposes only and is not intended to replace discussions with a physician or other healthcare provider. Your use of this website and the Materials contained in this website is at your own risk. By using this website, you acknowledge that Merz Canada is providing the Materials for informational purposes only, and that neither Merz Canada nor its licensors are providing the Materials to you for the purpose of giving you medical advice. You should not rely on the Materials when choosing a treatment plan or evaluating any other medical advice regarding any disease or medical condition. Merz Canada and its licensors strongly urge that you consult with a physician in connection with any and all treatment options that may be available to you and independently verify any treatment information on which you intend to rely.

4. Privacy

You confirm that you have read and accept our Privacy Policy for this website (LINK).

5. Modification of these Terms of Use; Termination.

Merz Canada reserves the right, at our discretion, to change, modify, add, or delete portions of these Terms of Use at any time without prior notification. Please check these Terms of Use periodically for changes. Your continued use of this website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Use, such amended terms will automatically be effective 30 days after they are initially posted on this website. Merz Canada reserves the right to limit, suspect or terminate your access and use of this website at any time without notice.

6. Prohibited Conduct.

As a condition to your use of this website, you agree not to:

6.1 use this website for any purposes other than to access Materials;

6.2 retransmit any Materials from this website;

6.3 create a mirror version of any of this website;

6.4 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in this website or any Materials;

6.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via this website, or perform any other similar fraudulent activity;

6.6 delete the copyright or other proprietary rights on this website;

6.7 use this website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

6.8 use this website if you are under the age of 18 years old;

6.9 remove, circumvent, disable, damage or otherwise interfere with security-related features of this website, features that prevent or restrict use or copying of any content accessible through this website, or features that enforce limitations on the use of this website;

6.10 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of this website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

6.11 modify, adapt, translate or create derivative works based upon this website or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or

6.12 intentionally interfere with or damage operation of this website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

7. Third-Party Sites, Products and Services and Links.

7.1 For the convenience of our visitors, this website may include links or references to other external websites or services (« Reference Sites »). Links to and on Reference Sites may lead to resources located on servers maintained by third parties over whom Merz Canada has no control. Merz Canada is not responsible for third party content or the consequences of your use of the Reference Sites. Merz Canada does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Although Merz Canada attempts to provide links only to third-party websites that it expects to materially comply with all applicable laws and regulations and Merz Canada standards, please understand that the content on these third-party websites is subject to change without notice. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and we therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. Merz Canada makes no warranties, express, statutory or implied, with respect to the Reference Sites. You acknowledge and agree that Merz Canada shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.

7.2 Merz Canada claims no ownership in, nor any affiliation with, any third-party trademarks appearing in this website. Such third-party trademarks appear only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Merz Canada should be inferred from the use of these marks.

8. Expert Advice or Opinion.

As a useful resource to our visitors, this website may contain expert advice or opinion. Information in this website identified as expert advice or opinion, or accessed from this site by hyperlink, represents the opinions of these respective experts, which views are not necessarily those of Merz Canada.

9. Disclaimer of Warranties

Merz Canada is committed to keeping this website up-to-date. This website has been developed as a service of Merz Canada for consumers seeking basic healthcare information. Like any other service, in spite of our efforts, the information in this website may become out of date over time, and may contain inaccuracies, technical inaccuracies and/or typographical errors, and the information may be changed periodically. Accordingly, Merz Canada does not guarantee the accuracy and completeness of any information contained in this website. This website and Materials are provided to you on an « AS IS » basis. MERZ CANADA DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THIS WEBSITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10. Limitation of Liability and Damages

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MERZ CANADA HEREBY DISCLAIMS, AND IN NO EVENT SHALL MERZ CANADA OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THIS WEBSITE BE LIABLE FOR, ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THIS WEBSITE OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF MERZ CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, MERZ CANADA SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR ELECTRONIC DATA. IN NO EVENT WILL MERZ CANADA’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THIS WEBSITE EXCEED $100.

11. Indemnification

You agree to indemnify, save, and hold Merz Canada, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of this website, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you in connection with your use of this website. Merz Canada reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Merz Canada, and you agree to cooperate with Merz Canada’s defense of these claims. Merz Canada will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. Special Considerations for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from Canada, the United States and/or the country in which you reside or from which you access this website.

13. Comments and Questions

You may send to Merz Canada comments, questions, suggestions or ideas relating to this website. If you do, you agree that such information sent to Merz Canada is not given in confidence, that Merz Canada is not obligated to keep such information secret and that Merz Canada is not obligated to respond. Merz Canada shall be free to use the information you send to Merz Canada without compensation, and in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. Merz Canada may also reproduce, disclose and distribute the information in your communication to others without limitation.

14. Miscellaneous

These Terms of Use constitute the entire agreement between you and Merz Canada and govern your use of this website, superseding any prior agreements between you and Merz Canada (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by Merz Canada. Except to the extent prohibited by law, these Terms of Use shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflicts of law principles. The failure of Merz Canada to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, you and Merz Canada nevertheless agree that (a) the court should endeavor to give effect to the intentions as reflected in the provision, and (b) the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against Merz Canada and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of this website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred, except where prohibited by law. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Copyright 2014 Merz Pharmaceuticals, LLC and Merz Pharma Canada Inc.. All Rights Reserved.