Effective December 6, 2016
*As referred to in this Policy “Merz” means Merz North America, Inc. and its affiliates and subsidiaries in the United States.
- Permitted Users.
- US. residents. You must be a United States resident to use this Site. If you are not located in the US, please navigate to the Merz site for your region here, www.merz.com.
- Individuals 18 and older. You must be 18 or over years old to use this Site.
- Unauthorized users.If you have been previously suspended or removed from the Site you should exit the Site.
- User Responsibility.
- Interacting with online third-parties.For your convenience, the Site may include links or references to third party Web sites or services (“Reference Sites”). Merz does not endorse any information, materials, products, or services (“Reference Site Content”) contained on or accessible through Reference Sites. Merz is not responsible for: the content on Reference Sites, your use of Reference Sites, or the Privacy Policies of Reference Sites. You acknowledge and agree that Merz shall not be responsible or liable, directly or indirectly, for any damage or loss allegedly or actually caused by or in connection with use of or reliance on any Reference Site Content. Your access to and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. Merz makes no express, statutory, or implied warranties with respect to referece sites.
- Personal Information that you make publically available.IF YOU CHOOSE TO MAKE ANY PERSONAL OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK UNDERSTANDING THAT MERZ BEARS NO RESPONSIBILITY AND NO LIABILITY FOR YOUR DATA OR THEIR USE. In addition, we have no control over, and shall have no liability for any damages by any third-party resulting from any use, including, without limitation, republication, or misuse of, information that you made public through the Site.
- Prohibited Conduct.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
- use the Site in any unlawful manner;
- use the Site to Transmit data, information, or other materials (“User Content”) that is unlawful or objectionable, including any material which is tortious, defamatory, libelous, slanderous, harassing, harmful, threatening, abusive, hateful, harassing, invasive of another’s privacy, vulgar, obscene, pornographic, profane, vulgar, offensive, lewd, scandalous, offensive, or racially or ethnically hostile;
- use the Site to harm minors in any way, or to stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights, or rights of publicity, or to harvest or collect personal information, including e-mail and IP addresses, about any user of the Site;
- transmit any User Content that: (i) you do not have the right to transmit under any law or contractual or fiduciary relationships, including without limitation, any inside information or proprietary or confidential information; (ii) misappropriates any trade secret, violates the right of privacy of any party, infringes any patent, copyright, trademark, or other intellectual property right; (iii) constitutes unsolicited or unauthorized advertising or promotional materials, including, but not limited to “spam,” “chain letters,” or pyramid schemes; or (iv) contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data;
- forge headers or otherwise manipulate identifiers in order to disguise any User Content displayed on or transmitted through the Site;
- interfere with the Site, servers, or networks used in connection with the Site;
- interfere with the ability of others to access or use the Site;
- download, reproduce, duplicate, sell, resell, sub-license, distribute, publish or exploit for any commercial purposes any portion of the Site, any and all content, text, videos, graphics, images, design, compilation, look and feel, information, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Site Content”) without Merz’s prior explicit permission, or any User Content contained on or transmitted through the Site without Merz’s prior explicit permission;
- use the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice;
- use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Merz’s prior written permission;
- include in any third-party website any hypertext link to any page or location within the Site without Merz’s prior written permission;
- mirror or display the Site, Site Content, or any portion thereof in frames without Merz’s prior written permission;
- 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 the Site, or perform any other similar fraudulent activity, or express or imply that we endorse you, any image you produce, or any statement you make;
- remove or alter proprietary notices, labels, copyright or other proprietary rights on or in the Site or Site Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or structure, sequence and organization of the Site or any part thereof, except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation; or
- otherwise use the Site in violation of any law, regulation, fiduciary relationship, or contract.
- Legal requirements.
Merz may disclose personal information and any Site Content where we are legally compelled to do so or have a good faith belief that disclosure is necessary to comply with any valid judicial or administrative process.
- Legal rights.
- No Medical Advice.
Merz does not provide medical advice. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED IMMEDIATE ASSISTANCE PLEASE CALL YOUR DOCTOR OR 911. The Site may contain information regarding some medical conditions and available treatments; such information is for educational purposes only. Any use of the Site or any of its services does not create a doctor-patient relationship. Before acting on any Site Content you agree that you will consult a qualified health care professional, to determine if you suffer from a specific condition and if treatment is right for you. If you are a health care professional, you agree that you will not substitute information on the Site for your own medical judgment.
- Expert Advice or Opinion.
The Site may contain or link to content identified as expert opinion or advice. This content reflects the opinion of the expert and may not necessarily reflect the opinion of Merz.
- Content specific to certain individuals.
Some portions of the Site provide information for specific audiences. The Site tailors information that you receive based on the way that you identify yourself as you enter the Site. We do not guarantee that the information that you receive will reflect your needs or be relevant to you.
- Pricing, Availability, and Features.
Price and availability of products and services on the Site, and other features of the Site are subject to change without notice.
- Doctor information.
The Site may provide information regarding health care providers (HCPs) in your area. Merz provides this information for your convenience, the listing does not suggest or imply an endorsement, sponsorship or affiliation between Merz and the HCPs listed on the site. Further, some HCPs may have “badges” describing them as “premier” or “hands certified injector” this does not demonstrate the HCP’s medical skills or suggest or imply any kind of endorsement by Merz of that HCP. For clarity, these “badges” relate solely to the trainings that the HCP attended, a program in which the HCP participates, or HCP’s total volume of Merz products purchased. Merz does not guarantee the accuracy of Site Content, including, but not limited to, the services offered, HCP credentials and badges, HCP names, relative distance to the office, or office contact.
- Intellectual Property
- User-Generated Content.
- No Medical Advice.
- Registration and Account Security
- Registered Users.
- Authority to Register.
- Account Security.
After you register on the Site, you may receive a password for your use of the Site and any services offered on the Site. For account security, you are responsible for keeping your password confidential as you bear responsibility for all uses of your password and account. To log out of your account, please close the browser window at the end of each use. If you become aware of any unauthorized use of your password or account, please immediately notify Merz at firstname.lastname@example.org. Merz cannot and will not be liable for any loss or damage arising from your failure to comply with reasonable account security safeguards.
- Registered Users.
- No Guarantee or Warranties
Merz employed reasonable efforts to ensure that information on the Site is accurate, complete, and current, however, MERZ DOES NOT GUARANTEE AND BEARS NO RESPONSIBILITY FOR THE ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY, USEFULNESS, OR DECENCY OF THE SITE OR ANY SITE CONTENT. If erroneous or otherwise inaccurate information is brought to our attention, a reasonable effort will be made to correct or delete it. Please report such problems to email@example.com.WE PROVIDE THE SITE TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS, STATUTORY, OR IMPLIED WARRANTIES. MERZ DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXCEPT TO THE EXTENT THAT THEY MAY NOT BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. MERZ MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, FUNCTIONALITY, OR LEGALITY OF THE SITE OR ANY SITE CONTENT; AND MERZ DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- Limitation of Liability and Damages
- Service of Notice and Procedure for making claims of copyright infringement.
If you believe in good faith that any of the Site Content infringes your copyright, please provide Merz’s copyright agent the following written information:
- an electronic or physical signature of the copyright owner or individual authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the infringing material can be found on the Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on the owner’s behalf.
Merz’s copyright agent for notice of claims of copyright infringement can be reached at:
ATTN: General Counsel
Merz North America, Inc.
6501 Six Forks Rd.
Raleigh, North Carolina 27615
- Comments and Questions
Merz invites your comments, questions, suggestions and ideas relating to the Site. You may direct communications to: firstname.lastname@example.org. Please understand that Merz may not respond to your communication and any information that you share may not be kept confidential or secret. Furthermore, when sending information you agree to Merz using the information for any legal purpose and without compensation to anyone.