Legal, Privacy and Terms
** This Policy is a binding legal contract between ALPHAEON Corporation ("ALPHAEON") and you.
- LEGALLY BINDING AGREEMENT AND ELIGIBILITY. Please read this Policy carefully before using the ALPHAEON Services. This Policy applies to you as a user of the ALPHAEON Services. By clicking the "ACCEPT" button during the registration process, you acknowledge that you understand and agree to be bound by the terms of this Policy. If you do not agree to this Policy, click "DECLINE" during the registration process and exit the Site. You do not need to register for the Service to use the Site, but your use of the Site and the Service is always subject to this Policy. By clicking "ACCEPT" in the registration process or otherwise using the ALPHAEON Services, you agree to be bound by this Policy. If you do not agree to this Policy, you may not use the ALPHAEON Services. You agree that your use of the ALPHAEON Services will be subject to the most current version of this Policy at the time of such use. Only users who are at least eighteen (18) years of age may use the Service.
- ACCEPTABLE USE. You may not use the ALPHAEON Services for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the ALPHAEON Services. Examples of prohibited uses include, without limitation: (a) violation of any proprietary, publicity, privacy, or other right; (b) disclosure of confidential or proprietary information without proper authorization; (c) downloading or otherwise exporting programs or content from the site in violation of U.S. export laws or intellectual property laws; and (d) transmission, storage, or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous, or offensive activity. In addition, you agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (collectively, "Interfere") with the operation of the ALPHAEON Services or related information systems. If you in any way Interfere with the Site or the operation of the ALPHAEON Services, you agree to pay all damages incurred by ALPHAEON or its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the ALPHAEON Services is a material breach of this Policy and relieves ALPHAEON of any contractual or other legal obligations to you, including ALPHAEON’s obligations (including its confidentiality obligations) under this Policy or any user agreement between you and ALPHAEON. ALPHAEON will cooperate with the authorities in prosecuting anyone who Interferes with the ALPHAEON Services, attempts to defraud any person through the utilization of the ALPHAEON Services or the information obtained related to the ALPHAEON Services YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE'S PRIVACY OR SECURITY MEASURES.
- DOWN TIME. ALPHAEON takes commercially reasonable measures so that the ALPHAEON Services are available without significant interruption, except for scheduled downtime needed to help maintain effective operation of the ALPHAEON Services. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will ALPHAEON be liable to any party for any loss, cost or damage that results from any period of down time of the ALPHAEON Services.
- INFORMATION AND PRIVACY. ALPHAEON recognizes the importance of protecting the privacy of Alphaeon users and wishes to provide efficient and relevant information to users of the ALPHAEON Services. In order to serve our customers, ALPHAEON may collect and analyze information provided by you when using the ALPHAEON Services.
REMEMBER THAT CERTAIN INFORMATION THAT IS DISCLOSED BY YOU WHILE USING THE ALPHAEON SERVICES WILL BE UTILIZED BY ALPHAEON AND DISCLOSED TO CERTAIN THIRD PARTIES IN ORDER TO FACILITATE THE ALPHAEON SERVICES INCLUDING PROVIDE INFORMATION TO THIRD PARTY PROVIDERS OF PORTIONS OF THE ALPHAEON SERVICES. YOU UNDERSTAND AND AGREE TO SUCH DISCLOSURE.
What Information is Collected
Alphaeon collects and analyze information obtained from users of the ALPHAEON Services. This information includes, but is not limited to the following:
Personally Identifiable Information
By electing to become a registered user of the Service, you may provide personally identifiable information to ALPHAEON. “Personally identifiable information” is information that would allow someone to identify or contact you, including, for example, your name, address, telephone number or email address. ALPHAEON collects such personally identifiable information in order to provide the ALPHAEON Services to you.
Aggregate or Demographic Information
ALPHAEON may collect and analyze aggregate data assembled from information collected via the ALPHAEON Services. Aggregate information is collected in order to better understand the demographics and usage patterns of all users of the ALPHAEON Services, so that ALPHAEON can provide the highest level of service to our customers. Such aggregate data is not generally personally identifiable or linked to a specific user.
IP Addresses and Cookies
ALPHAEON servers may automatically collect certain technical information about your use of the ALPHAEON Services. This may include collecting and logging IP addresses. ALPHAEON may collect IP addresses for system administration, security and statistical analysis. An IP address is a number that is assigned to a computer whenever it is communicating over the Internet. ALPHAEON and its internet service provider may log these IP addresses and analyzes them to understand where requests originate. In addition, ALPHAEON may use a feature of your web browser called a “cookie” to assign an identification number that automatically identifies your computer when you visit the Site. In connection with the ALPHAEON Services, cookies may be used to store your username, password and viewing options, allowing you to log into the ALPHAEON Services more conveniently. Such analysis enables ALPHAEON to produce traffic volume statistics that can be helpful in understanding online traffic, thus enabling Alphaeon to enhance its users’ online experience.
Information Provided is Not Confidential
Comments, suggestions or materials sent or transmitted to ALPHAEON shall be deemed to be non-confidential and not subject to any restrictions. ALPHAEON shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.
How the Information Is Used and Disclosed to Third Parties
ALPHAEON may use your personally identifiable information when performing certain aspects of the ALPHAEON Services. For example, ALPHAEON may use your email address in order to notify you when a service becomes available. ALPHAEON may also use personally identifiable information to perform functions such as maintaining a record of customer service requests. As a consequence, ALPHAEON may disclose personally identifiable information as a necessary component of providing the ALPHAEON Services and associated administrative functions. In some cases, ALPHAEON uses your personally identifiable information to provide information to you, such as to send you notices or to personalize the ALPHAEON Services for your consumption.
ALPHAEON may also use your information to offer the Services and operate the Site as well as sell and deliver advertising.
Disclosure to Third Parties
On occasion, ALPHAEON may provide user information to third parties. In certain circumstances, ALPHAEON may share your personally identifiable information with third parties who provide services to Alphaeon in order to enable the ALPHAEON Services or to enhance the functionality available to you on the Site or to provide you with new products and services.
Notwithstanding anything to the contrary set forth herein, in connection with an assignment, sale, combination, merger, acquisition, joint venture or other transfer or disposition of some or all of the assets of ALPHAEON, or its affiliated entities, you agree that ALPHAEON can accordingly assign, sell, license or transfer any information, including personally identifying information, that you have provided to ALPHAEON to those third parties involved in the transfer or disposition of such assets.
Privacy Protections for Children.
No part of the ALPHAEON Services are designed or directed to children. To be eligible to register for the Service you must be at least eighteen (18) years of age. Therefore, ALPHAEON does not knowingly collect personally identifiable information from any minor or other person under age.
If you object to the disclosure or use of your personal information by ALPHAEON you may contact ALPHAEON. However, you acknowledge that if you do not allow ALPHAEON to utilize your information, then ALPHAEON may not be able to provide certain information and services to you.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE SERVICE IS PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. ALPHAEON DOES NOT WARRANT THAT THE ALPHAEON SERVICES CONTAIN ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. ALPHAEON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
- LIMITATION OF LIABILITY. YOUR USE OF THE ALPHAEON SERVICES AND THE INFORMATION THEREON IS ENTIRELY AT YOUR RISK. ALPHAEON WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE ALPHAEON SERVICES, YOUR USE THEREOF, OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE ALPHAEON SERVICES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ALPHAEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ALPHAEON FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “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.” Some states do not allow the foregoing limitations of liability, so they may not apply to you.
- CHANGES TO POLICY. ALPHAEON may change this Policy from time to time. By continuing to use the Site or the Service after ALPHAEON posts any such changes, you accept the Policy, as modified. You can always find the current version of this Policy by checking http://www.alphaeon.com/legal-privacy-terms.
- COPYRIGHT. ALPHAEON retains all rights with respect to the ALPHAEON Services. All content included or available in connection with the ALPHAEON Services, including trade names or marks, service names or marks, text, graphics, interfaces, code, information, databases, technology (collectively the “Content”) and the selection and arrangement thereof, are the sole and exclusive property of ALPHAEON or its licensors. However, you are free to view, copy, print and distribute the Content as long as:
- The Content is used for information purposes only;
- The Content is used only within your organization; and
- Copies of the Content include all applicable copyright notices.
Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of ALPHAEON or any third party.
THE CONTENT RELATED TO THE ALPHAEON SERVICES IS THE PROPRIETARY PROPERTY OF ALPHAEON, OR ALPHAEON LICENSORS AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, MODIFY, EXTRACT DATA FROM, OR OTHERWISE EXPLOIT ANY OF THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING OR LINK INTO ANY OF THE WEB PAGES CONTAINED ON THE SITE. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THIS POLICY.
All Content is: Copyright © 2016 ALPHAEON Corporation or its licensors. All rights reserved.
ALPHAEON respects the intellectual property of others, and ALPHAEON asks you to do the same. If you believe some Content on the ALPHAEON Services has been copied in such as way to constitute copyright infringement, please contact ALPHAEON.
- TRADEMARKS. ALPHAEON’s trade name and the ALPHAEON logo are trademarks of ALPHAEON. ALPHAEON’s logos and trademarks that appear throughout the Site belong to ALPHAEON, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without ALPHAEON’s express prior written permission, you agree not to display or use in any manner the ALPHAEON trademarks. Nothing on the ALPHAEON Services shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of ALPHAEON, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Site may be the trademarks of their respective owners.
- REMEDIES AND CORRECTIVE ACTION. ALPHAEON reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of this Policy, and expressly reserves all rights and remedies available to ALPHAEON at law or in equity. Subject to ALPHAEON’s obligations under a user agreement, ALPHAEON reserves the right to prevent access to the ALPHAEON Services to you or any other user for any reason, at any time, at ALPHAEON 's reasonable discretion.
- GOVERNING LAW. This Policy shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the state of California, USA, without giving effect to its conflict of law provisions or your actual state of residence. You hereby agree that the courts located in Orange County, California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Policy and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such courts.
- SEVERABILITY AND WAIVER. If any provision of this Policy is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. ALPHAEON’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
- INDEMNIFICATION. To the maximum extent allowed by applicable law, you agree to defend, indemnify and hold harmless ALPHAEON, its affiliates and licensors, from and against all suits, proceedings, losses, liabilities, and expenses, including without limitation, attorneys’ fees, whether in tort, contract or otherwise, which arise out of or relate to your breach of this Policy or any activity by you in relation to the ALPHAEON Services or use of the Content.
- ENTIRE AGREEMENT. This Policy constitute the entire and final agreement between you and ALPHAEON with respect to the subject matter hereof and replace any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.