Last updated: January 9, 2017
IMPORTANT: PLEASE READ CAREFULLY BEFORE PROCEEDING. THESE TERMS OF SERVICE INCLUDE AN ARBITRATION PROVISION UNDER THE HEADING “ARBITRATION AND GOVERNING LAW.” If you have comments or questions about this web site, please send an email to support@Aidance.com.
Acceptance of Terms:
Aidance Scientific, Aidance Skincare & Topical Solutions, and affiliated companies ("AIDANCE") thanks you for visiting this AidanceProducts.com website ("AIDANCE Website"), which contains information, products ("Products") and services ("Services") relating to Aidance’s technology. Use of our website is subject to the terms and conditions set forth below (these "Terms of Use"). By accessing or using the AIDANCE Website you agree to be bound by these Terms of Use. AIDANCE reserves the right to change these Terms of Use from time to time at its sole discretion. Your use of this AIDANCE Website will be subject to the most current version of these Terms of Use posted on the AIDANCE Website at the time of such use. In addition, the purchase of Products and Services through the AIDANCE Website may be subject to further terms and conditions in addition to these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE AIDANCE Website AND MUST EXIT AT ONCE. IF YOU BREACH THESE TERMS OF USE, YOUR AUTHORIZATION TO USE THE AIDANCE Website WILL AUTOMATICALLY TERMINATE.
General:
All information contained on the AIDANCE Website, including information relating to skin conditions, products and treatments, is for informational purposes only. This information is not meant to be a substitute for the advice provided by your own physician or other medical professionals, or any information contained on or in any product packaging or labels. You represent and warrant that you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract.
YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE AIDANCE WEBSITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE AIDANCE WEBSITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN THIS, OR ANY OTHER, WEBSITE.
PLEASE BE ADVISED THAT ALTHOUGH AIDANCE PRODUCTS ARE REGISTERED WITH THE US FOOD AND DRUG ADMINISTRATION (FDA), THEY MAY NOT HAVE BEEN EVALUATED BY THE FDA.
Limited to the United States:
The information on this AIDANCE Web site pertaining to Aidance’s products is intended for use only by customers, patients, and health care professionals in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and medical practices, information designed to be used in one country may not be appropriate for use outside that country. Therefore, product information on this Aidance Web site may not be appropriate for residents of countries other than the United States.
Trademarks:
Aidance® is a registered trademark of AIDANCE. Terrasil®, Femmesil™, ThatZit!™ and Activated Minerals™ are trademarks of AIDANCE. Other AIDANCE brands sold on the AIDANCE Website are also protected under US trademark law. The aforementioned and other marks, logos, trade dress and the like indicated on or used on the AIDANCE Website are owned by or licensed to AIDANCE any product or service that is not AIDANCE's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AIDANCE. You may not use any AIDANCE logo, label, or other proprietary graphic or trademark contained on the AIDANCE Website without the express written permission of AIDANCE.
Site Content:
You acknowledge and agree that the AIDANCE Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that is protected by copyright, trademark, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Content and its selection, arrangement, and coordination is protected as a copyrightable work under U.S. copyright laws. Except as expressly permitted in these Terms of Use, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
License and Access to Aidance Website:
AIDANCE grants you a limited license to access and make personal use of the AIDANCE Website. You may not download (other than for page caching) or modify the AIDANCE Website, or any portion of it, except with the express written consent of AIDANCE. This limited license specifically excludes the following: (a) any resale or commercial use of the AIDANCE Website or its Content; (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of the AIDANCE Website or the Content; (d) any downloading or copying of account information for the benefit of another merchant; or (e) any use of data mining, robots, or similar data gathering and extraction tools. The AIDANCE Website, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of AIDANCE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of AIDANCE and our affiliates without the express written consent of AIDANCE. You may not use any meta tags or any other "hidden text" utilizing AIDANCE’s name or trademarks without the express written consent of AIDANCE. Any unauthorized use of the AIDANCE Website will result in immediate termination of this limited license granted by AIDANCE. You are granted a limited, revocable, temporary, and nonexclusive right to create a hyperlink to the home page of the AIDANCE Website so long as the link does not portray AIDANCE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational, and non-commercial use, and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Product Descriptions:
AIDANCE attempts to maintain the descriptions for all Products, skin conditions and Services as current and accurate as possible. AIDANCE does not warrant, however, that such descriptions or other content of the AIDANCE Website are or will be accurate, complete, current, reliable, or error-free
Privacy Policy:
To the extent consistent with these Terms of Use, the terms and conditions of AIDANCE’s privacy policy are incorporated are specified separately on the Aidance Website.
User Comments:
You may submit product testimonials, comments, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Unless otherwise provided by AIDANCE, you grant AIDANCE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, sell, create derivative works from, and display throughout the world in any media any such content submitted by you for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. You further grant AIDANCE and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AIDANCE or its affiliates for all claims resulting from content you supply. AIDANCE has the right but not the obligation to monitor and edit or remove any activity or content. AIDANCE takes no responsibility and assumes no liability for any content posted by you or any third party.
Links to Third Party Websites:
The AIDANCE Website may contain links to other websites, directories, or services ("Linked Services"). These features are provided by AIDANCE only as a convenience. The Linked Services are not reviewed, controlled or examined by AIDANCE in any way and you acknowledge and agree that AIDANCE has no control over and is not responsible or liable for (i) the availability or accuracy of the Linked Services; (ii) the content, advertising, or products on or available from the Linked Services; or (iii) any damage arising from or occasioned by the creation or use of the Linked Services or the information or material accessed through the Linked Services. The inclusion of any link on the AIDANCE Website does not imply and should not be inferred as an endorsement of the Linked Services. You acknowledge that your use of the links and the Linked Services shall be at your own risk.
Warranties and Disclaimers:
THE AIDANCE WEBSITE IS PROVIDED BY AIDANCE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AIDANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AIDANCE Website OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR AVAILABLE ON OR THROUGH THE AIDANCE Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AIDANCE Website IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIDANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, AIDANCE MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE AIDANCE Website, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SUCH PRODUCT OR SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE AIDANCE Website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIDANCE OR THROUGH THE AIDANCE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. AIDANCE MAKES NO WARRANTY THAT THE AIDANCE Website WILL MEET YOUR REQUIREMENTS, THAT THE AIDANCE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE AIDANCE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
Limitation of Liability:
AIDANCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE AIDANCE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, EVEN IF AIDANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations:
YOUR RIGHTS MAY VARY DEPENDING UPON THE JURISDICTION IN WHICH YOU LIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE EXCLUSIONS IN THE ABOVE SECTIONS MAY NOT APPLY TO YOU. TO THE EXTENT AIDANCE MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
Indemnification:
You agree to indemnify and hold AIDANCE and its parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors and successors in interest harmless from any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your unauthorized use of the AIDANCE Website, or your breach of these Terms of Use.
Entire Agreement/Amendments:
These Terms of Use constitutes the complete agreement between you and AIDANCE concerning your use of the AIDANCE Website and the subject matter set forth herein, and supersedes all prior or contemporaneous negotiations, agreements or representations between you and AIDANCE in respect thereof. These Terms of Use may be amended, modified or supplemented by AIDANCE at any time by posting such changes to the AIDANCE Website, and such changes shall be effective from the time of such posting. No other act, document, usage or custom shall be deemed to amend, modify or supplement these Terms of Use.
Arbitration and Governing Law:
By using the AIDANCE Website you agree that these Terms of Use and your use of the AIDANCE Website shall be governed by and construed in accordance with the laws of the State of Rhode Island applicable to contracts entered into and wholly performed therein. Any suits or controversies between you and AIDANCE or to any products or services sold or distributed by AIDANCE or through AidanceProducts.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to AIDANCE at 184 Burnside Avenue, Woonsocket, Rhode Island 02895. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claim is without merit. AIDANCE will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claim is frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the State of Rhode Island or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Aidance Severability:
If the application of any provision hereof or any portion thereof to either you or AIDANCE, shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, then (i) such provision shall be reformed without further action by either you or AIDANCE to the extent strictly necessary to render such provision valid and enforceable when applied to you, AIDANCE, or the particular facts or circumstances; and (ii) the validity and enforceability of such provision as applied to the other party or the particular facts or circumstances, and the validity and enforceability of all of the other provisions hereof, shall remain in full force and effect.
Waiver:
Neither you nor AIDANCE shall be deemed by any act, delay, or omission to have waived any of your/its respective rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and only to the extent specifically set forth in said writing. A waiver, failure or delay in exercising any right, power or privilege, or any single or partial exercise of any right, power or privilege, will not act to preclude any subsequent or further exercise of that or any other right, power or privilege.
Notices:
Any notice required or permitted to be given to AIDANCE under these Terms of Use shall be given as follows: By electronic mail to support@Aidance.com, or by letter sent by first class postage prepaid mail to the company at: AIDANCE SCIENTIFIC, PO Box 2182, Woonsocket, RI 02895 USA. AIDANCE may give notice by means of a general notice via the AIDANCE Website, electronic e-mail to your e-mail address on record in Aidance’s account information, if any, or by written communication sent by first class mail to your address on record in Aidance’s account information, if any. A change of address by you shall only be effective if given in accordance with the provisions of this Section.
