I. Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Site means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and miraDry, Inc. and its affiliates and subsidiaries (“miraDry, Inc.,” “we,” “us“). “You” and “users” shall mean all visitors to the Site. You accept these Terms each time you access the Site. If you do not accept these Terms, you must not use the Site. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Site after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Site.
II. The Site
The “Site” means the website at http://miramar.webimprovement.com, which provides general information about miraDry, Inc. and its business and products.
IF YOU THINK YOU HAVE AN EMERGENCY CONTACT YOUR LOCAL EMERGENCY CARE PROFESSIONAL OR FACILITY IMMEDIATELY.
You assume full risk and responsibility for your use of information obtained through the Site.
For Educational and Informational Purposes Only. The Site provides information, not medical, legal, or psychological advice, diagnoses, or treatment. The Site may provide helpful health-related information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment. You acknowledge that all of the information and content on the Site is provided “as is” for educational and informational purposes only. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Site.
No Patient or Client Relationship. Your use of the Site does not create a patient or client relationship with miraDry, Inc. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues.
Never disregard professional advice or delay in seeking it because of information you read on the Site.
III. Eligibility to Use the Site
Children. No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The SITE AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
IV. Your Account
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Site.
You represent and warrant that the information you provide to miraDry, Inc. upon the licensing of the Site and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Site, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify miraDry, Inc. by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by miraDry, Inc. and others due to any unauthorized use of your account.
miraDry, Inc. may communicate with you by email or posting notice on the Site. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service-related purposes. If you call us by telephone, we may record the telephone call for quality and training purposes.
Electronic Notices. By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
VI. miraDry, Inc.’s Content Ownership and Use
miraDry, Inc. owns or has rights to all of the content we make available through the Site, but you may use it as you use the Site. You may not use our logo without our written permission.
The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other miraDry, Inc. content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future (collectively, “miraDry, Inc. Content”). All miraDry, Inc. Content and the compilation (meaning the collection, arrangement, and assembly) of all miraDry, Inc. Content are the property of miraDry, Inc. or its licensors and are protected under copyright, trademark, and other laws.
License to You. The Site is licensed, not sold, to you. Subject to your complete and ongoing compliance with these Terms, we authorize you, subject to these Terms, to access and use the Site and the miraDry, Inc. Content solely for the personal use of the Site, at our discretion. Any other use is expressly prohibited. This license is non-transferable and revocable at any time without notice and with or without cause. Unauthorized use of the miraDry, Inc. Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original miraDry, Inc. Content on any copy you make of the miraDry, Inc. Content. miraDry, Inc. retains all right, title and interest in and to all miraDry, Inc. Content.
The Site contains content from users and other miraDry, Inc. licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.
miraDry, Inc. Marks. “miraDry, Inc.,” the miraDry, Inc. logo, and other miraDry, Inc. logos and product and service names are or may be trademarks of miraDry, Inc. (the “miraDry, Inc. Marks“). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the miraDry, Inc. Marks in any manner.
VII. Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas“), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VIII. User Content Disclaimers, Limitations, and Prohibitions
Do not engage in activities related to the Site that are harmful or illegal.
You agree to use the Site only for its intended purpose and in an authorized manner. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site, unless specifically allowed by these Terms;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person without his/her consent or harass, abuse, or post objectionable material;
- sell, transfer, sublicense, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use or access the Site if you are (or are engaged by) a competitor of miraDry, Inc., except with our prior written consent, which we may withhold in our sole discretion and without explanation;
- use or access the Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to miraDry, Inc. or others; or
- access the Site from a jurisdiction where it is illegal or unauthorized.
IX. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Site.
Without limiting any other remedies, we reserve the right to suspend or terminate your account and prevent access to the Site for any reason, at our discretion. We reserve the right to refuse to provide the Site to you in the future.
miraDry, Inc. may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Site.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.
X. miraDry, Inc.’s Liability
We are not liable for the actions of users when they use the Site. We may also change the Site at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Site or other websites.
Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release miraDry, Inc. of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Site. Use the Site at your own risk.
Third-Party Websites and Applications. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The Site may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include miraDry, Inc. and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Site at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you involving the Site. If you use the Site in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO, CORRUPTION OF, INTERFERENCE WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. WE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OF OUR OBLIGATIONS UNDER THESE TERMS BY REASONS, EVENTS OR OTHER MATTERS BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF MIRAMAR LABS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure. Under no circumstances shall miraDry, Inc. be held liable for any delay or failure in the Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of miraDry, Inc., including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitations in this Limitation of Liability section as stipulated above.
Indemnity. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your access or use of the Site, including, but not limited to, (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any miraDry, Inc. Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XI. General Terms
XII. Arbitration, Class Waiver, and Waiver of Jury Trial
We do business in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Site.
These Terms and the relationship between you and miraDry, Inc. shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and miraDry, Inc. agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Clara county in the state of California. You covenant not to sue miraDry, Inc. in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.NOTWITHSTANDING THE FOREGOING, THIS SECTION WILL NOT PREVENT EITHER YOU OR MIRADRY, INC. FROM SEEKING INJUNCTIVE RELIEF FROM ANY COURT HAVING JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER OF THEIR DISPUTE. YOU ACKNOWLEDGE THAT, IN THE EVENT OF A BREACH OF THESE TERMS BY MIRADRY, INC. OR ANY THIRD PARTY, THE DAMAGE OR HARM, IF ANY, CAUSED TO YOU WILL NOT ENTITLE YOU TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST MIRADRY, INC., AND YOUR ONLY REMEDY WILL BE FOR MONETARY DAMAGES, SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE.
2790 Walsh Avenue
Santa Clara, CA 95051
Effective Date: July 17th, 2015
Last Updated Date: July 17th, 2015