Terms of Use: Fraxel Practicebuilder

Reliant Technologies Inc. (“Reliant”, “we” or “us”) produces and distributes the Fraxel® family of lasers, devices for breakthrough laser treatment, consumable treatment tips, and products to supplement and complement Fraxel laser treatment. Reliant's products have created a new class of skin rejuvenation therapy that affords patients consistent and effective treatments.

These Terms of Use govern your access to and use of the web sites located under http://www.fraxelpracticebuilder.com (the “Services” or the “Websites”), including any content, information, products or Services therein, but excluding any Service provided to you by Reliant under a separate written agreement. Please read these Terms of Use carefully as they are a legal agreement between you (“You”) and Reliant and apply to You whether You are a visitor who is simply visiting the Websites (“Visitor”) or a registered user, i.e. a user who has registered to buy Fraxel products online, submitted information to include into a public profile, signed up for a newsletter or participated in a survey (“Registered User”). Collectively, we refer to Visitors and Registered Users as “Users”.

These Terms of Use are effective as of: November 9, 2007

YOU UNDERSTAND THAT BY USING THE WEBSITES AND SERVICES AS A USER OR BY REGISTERING AS A REGISTERED USER, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE WEBSITES OR SERVICES.

IF YOU ARE USING OUR WEBSITES OR SERVICES ON BEHALF OF A BUSINESS, WHETHER AS A VISITOR OR A REGISTERED USER, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE FOR SUCH USE. YOUR AGREEMENT TO THESE TERMS WILL CAUSE TWO AGREEMENTS TO TAKE EFFECT, ONE AGREEMENT BETWEEN YOU AND US AND ONE AGREEMENT BETWEEN THE BUSINESS AND US. IN THAT EVENT, “YOU” AND “YOUR” REFER HEREIN TO THE BUSINESS AND YOU TOGETHER.

In order to access certain features of the Websites and Services you must create a user profile. To do so, you must be at least 18 years of age. To obtain login information please call 1-888-4FRAXEL. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify Reliant of any unauthorized use of your password. If you become aware of any unauthorized use of your password or of your account, you agree to notify Reliant immediately through email sent to support@fraxel.com.

YOU REPRESENT AND WARRANT THAT THE INFORMATION THAT YOU PROVIDE TO US UPON REGISTRATION, AND AT ALL OTHER TIMES WILL BE TRUE, ACCURATE, CURRENT AND COMPLETE.

You consent to the use of: (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records to store information related to these Terms of Use or your use of the Websites and Services.

Reliant reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Websites and Services, or modify these Terms of Use. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Websites and Services. We will notify you if we materially modify these Terms of Use. However, as your contact information may change and we do not always get notified of address changes of our Users, You and we agree that we comply with our duty to notify you if we post a notice on our website describing that our Terms of Use have changed. THEREFORE, YOU AGREE TO CHECK FOR ANY CHANGES TO THIS TERMS OF USE EACH TIME YOU RETURN TO THE WEBSITES. BY CONTINUING TO ACCESS OR USE THE WEBSITES OR SERVICES AFTER RELIANT MAKES ANY SUCH REVISION, YOU AGREE TO BE BOUND BY THE REVISED TERMS OF USE.

YOU AND US FURTHER AGREE TO THE FOLLOWING:

YOUR USE: You may access and use the Websites and Services for your own use. The Websites and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Websites and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Websites or Services:

• Upload, post, submit or otherwise transmit, via the Websites or Services solicitations for employees, consultants, or contractors for participation on other websites;
• Circumvent, disable or otherwise interfere with security related features of the Websites, or features that prevent or restrict use or copying of any Reliant Content;
• Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other activities, or otherwise commit fraud;
• Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Websites, servers or networks connected to the Websites or the technical delivery systems of Reliant’s providers, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites;
• Attempt to probe, scan or test the vulnerability of any Reliant system network, or breach or impair or circumvent any security or authentication measures protecting the Websites or Services; attempt to gain unauthorized access to computer systems or networks associated with the Websites or Services; or attempt to obtain any information or materials relating to the Websites or Services through any means not intentionally made available through the Websites;
• Use the Websites or Services to provide or promote any product, including but not limited to medication and drugs;
• Use the Websites or Services to provide services, including but not limited to health care services;
• Remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Websites and Services and you must not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Website. Reliant and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Websites contained therein;
• Use the Websites or Services in any manner not permitted by these Terms of Use; or
• Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.

PAYMENTS: You represent and warrant that if you are purchasing something from us or from other parties selling products or services on the Websites, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

DISCLAIMER. YOU AGREE THAT RELIANT IS NOT RESPONSIBLE, AND WILL IN NO EVENT BE HELD LIABLE, FOR ANY: (A) LOST, ILLEGIBLE, MISDIRECTED, DAMAGED, OR INCOMPLETE USER REGISTRATION; (B) TELEPHONE, COMPUTER, OR NETWORK MALFUNCTION OR ERROR; (C) COMMUNICATION DISRUPTION OR OTHER DISRUPTIONS RELATED TO INTERNET TRAFFIC, A VIRUS, BUG, OR WORM, OR NON-AUTHORIZED INTERVENTION; OR (D) DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHERWISE FROM YOUR ACCESS TO THE WEBSITES OR SERVICES. THE WEBSITES AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. RELIANT EXPRESSLY DISCLAIMS, FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS, ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITES AND SERVICES, WHETHER THE PROVISION OF SERVICES WILL PRODUCE ANY PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, RELIANT MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITES AND SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL RELIANT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITES AND SERVICES, INCLUDING WITHOUT LIMITATION INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY RELIANT USER ONLINE OR OFFLINE, WHETHER OR NOT RELIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELIANT AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING IN CONNECTION WITH THE WEBSITES OR SERVICES, OR WITH RESPECT TO THESE TERMS OF USE, WILL NOT EXCEED $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT FULLY APPLY TO YOU.

FORCE MAJEURE. Reliant will not be liable hereunder by reason of any failure or delay in the perfor¬man¬ce of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Reliant infrastructure or connectivity to the Internet, or failure at Reliant’s co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Reliant will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

INDEMNIFICATION. You agree to defend, indemnify, and hold Reliant, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your violation of these Terms of Use; (ii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iii) any claim that information in your Public Profile caused damage to a third party or infringed or violated any third party intellectual pro¬per¬ty right, publicity, confidentiality, property or privacy right, or unfair competition.

TERMINATION OR CANCELLATION OF THE WEBSITES OR SERVICES. We may immediately terminate or suspend your access to the Websites and Services in the event that you breach these Terms of Use. Notwithstanding the foregoing, we also reserve the right to terminate the Websites, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease. Reliant will not be liable to you or any third party for termination of the Websites or Services or termination of your use of the Websites or Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED TO RELIANT OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Reliant will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. You may terminate your account at any time and for any reason by sending an email to support@fraxel.com.

Any suspension, termination or cancellation will not affect your obligations to Reliant under these Terms of Use (including, without limitation, the rights granted by you to Reliant, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. Also, such suspension, termination or cancellation will not affect any other obligations you may have to Reliant.

RELATIONSHIP OF THE PARTIES: For purposes of these Terms of Use, including if you become a Registered User, you are not an employee or agent of Reliant, and you will not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these Terms of Use, including, without limitation, any expenses associated with the implementation of these Terms of Use.

NO ASSIGNMENT: You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Reliant. Any purported assignment or delegation by you without the appropriate prior written consent of Reliant will be null and void. Reliant may assign these Terms of Use or any rights hereunder without your consent.

GOVERNING LAW: These Terms of Use and the relationship between you and Reliant will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Reliant agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California.

SEVERABILITY AND WAIVER: In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Reliant to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

ENTIRE AGREEMENT. These Terms of Use and all policies and supplementary agreements referenced herein or elsewhere on the Websites are the entire and exclusive agreement between Reliant and you regarding the Website and Services and supersede and replace any prior agreements between Reliant and you regarding any of the foregoing.

NOTICE. Any notice or other communication to be given hereunder will be given by Reliant: (a) via email (in each case to the address that you provide) or (b) a posting on the Websites; or by you via email to support@fraxel.com or to such other addresses as Reliant may specify in writing or in the current Terms of Use as published on the Websites.

Many users of our service have ideas for products, services and features to be implemented in, or used in conjunction with, our internally developed services. You agree that unsolicited ideas and feedback you submit to Reliant or any of its employees or representatives, automatically become the property of Reliant. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to Reliant together with all intellectual property rights therein.

QUESTIONS. If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use of your use of the Websites and Services, please contact Reliant at support@fraxel.com or by sending a written request to Reliant Technologies, Inc. at 464 Ellis Street, Mountain View, California 94043, U.S.A.