Terms of Use




Terms of Use 

We provide these Terms of Use and our Privacy Policy to outline our relationship with you (our Privacy Policy is a part of these Terms of Use). By using the Site, you agree to accept and abide by these Terms of Use and agree to the terms of the Xeomin Challenge Privacy Policy.

THESE TERMS OF USE ARE A CONTRACT BETWEEN YOU AND XEOMIN CHALLENGE. THIS CONTRACT GOVERNS YOUR USE OF THE SITE AND ANY AND ALL PAGES, OPTIONS, AND SERVICES ON THE SITE. PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING (“INTERACTING”) THE SITE, YOU INDICATE THAT YOU ARE AT LEAST 18 YEARS OF AGE, ARE A U.S. RESIDENT, AND HAVE READ AND EXPRESSLY AGREE TO ACCEPT AND ABIDE BY THE CONDITIONS IN THESE TERMS OF USE. FURTHER, YOU ACKNOWLEDGE THAT WE MAY CHANGE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE. YOU SHOULD REVIEW THESE TERMS OF USE EACH TIME YOU VISIT THE SITE.

ANY USE OF THE SITE IN A MANNER INCONSISTENT WITH THESE TERMS OF USE IS UNAUTHORIZED AND MAY SUBJECT YOU TO CIVIL OR CRIMINAL PENALTIES. IF YOU VIOLATE THESE TERMS OF USE, XEOMIN CHALLENGE RETAINS THE RIGHT TO REMOVE ANY CONTENT THAT YOU POST, AND SUSPEND OR TERMINATE ANY ACCOUNT YOU HAVE CREATED. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE, PLEASE EXIT THE SITE.

  1. Permitted Users.

    1. US. residents.You must be a United States resident to use this Site. 

    2. Individuals 18 and older.You must be 18 or over years old to use this Site.

    3. Unauthorized users.If you have been previously suspended or removed from the Site you should exit the Site.

  2. User Responsibility.

    1. Non-confidential information.Except where our Privacy Policy states otherwise, Xeomin Challenge treats any information that you submit, upload, post, e-mail, or otherwise transmit (“Transmit”) through or post to the Site as non-confidential. By using the Site, you agree that Xeomin Challenge may use any transmitted information in accordance with our Privacy Policy, for any legal purpose, and without compensation to anyone.

    2. Interacting with online third-parties.For your convenience, the Site may include links or references to third party Web sites or services (“Reference Sites”). Xeomin Challenge does not endorse any information, materials, products, or services (“Reference Site Content”) contained on or accessible through Reference Sites. Xeomin Challenge 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 Xeomin Challenge 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. Xeomin Challenge MAKES NO EXPRESS, STATUTORY, OR IMPLIED WARRANTIES WITH RESPECT TO REFEREE SITES.

    3. Personal Information that you make publicly available.IF YOU CHOOSE TO MAKE ANY PERSONAL OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK UNDERSTANDING THAT Xeomin Challenge 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.

  3. Prohibited Conduct.You agree that you will not, and will not permit anyone else to, directly or indirectly:

    1. use the Site in any unlawful manner;

    2. 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;

    3. 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;

    4. 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;

    5. forge headers or otherwise manipulate identifiers in order to disguise any User Content displayed on or transmitted through the Site;

    6. interfere with the Site, servers, or networks used in connection with the Site;

    7. interfere with the ability of others to access or use the Site;

    8. 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 Xeomin Challenge’s prior explicit permission, or any User Content contained on or transmitted through the Site without Xeomin Challenge’s prior explicit permission;

    9. use the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice;

    10. use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Xeomin Challenge’s prior written permission;

    11. include in any third-party website any hypertext link to any page or location within the Site without Xeomin Challenge’s prior written permission;

    12. mirror or display the Site, Site Content, or any portion thereof in frames without Xeomin Challenge’s prior written permission;

    13. 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;

    14. remove or alter proprietary notices, labels, copyright or other proprietary rights on or in the Site or Site Content;

    15. 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

    16. otherwise use the Site in violation of any law, regulation, fiduciary relationship, or contract.

  4. Legal requirements.Xeomin Challenge 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.

  5. Legal rights.Xeomin Challenge reserves all rights not expressly granted in these Terms of Use. Xeomin Challenge may assign its ownership, control, or other rights to any party at any time without notice. Xeomin Challenge’s failure to enforce any right or provision of these Terms of Use is not a waiver of such right or provision. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then it shall be severed and deemed modified to the minimum extent necessary to make the condition valid or enforceable in that jurisdiction and shall not affect the validity and enforceability of the remaining conditions in these Terms of Use. Any modification, invalidity, or unenforceability is strictly limited both to the provision and to the jurisdiction. These Terms of Use shall be interpreted to achieve the intent expressed in these Terms of Use to the greatest extent possible in the jurisdiction in question.Nothing in these Terms of Use provides any third party with any remedy, claim, or cause of action.

  6. Privacy.Through the Site, you may provide Xeomin Challenge with your or other’s personal information. We do not knowingly collect or use personally identifiable information from children under the age of 13 without first obtaining verifiable consent from a parent or legal guardian. Please refer to our Privacy Policy for information on how we collect, use, disclose, and protect personal information collected on the Site.

  7. Content.

    1. No Medical Advice.Xeomin Challenge 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.

    2. 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 Xeomin Challenge.

    3. 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.

    4. 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.

    5. Doctor information.The Site may provide information regarding health care providers (HCPs) in your area. Xeomin Challenge provides this information for your convenience, the listing does not suggest or imply an endorsement, sponsorship or affiliation between Xeomin Challenge and the HCPs listed on the site. Further, some HCPs may have “badges” describing them as “preferred injector” this does not demonstrate the HCP’s medical skills or suggest or imply any kind of endorsement by Xeomin Challenge 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 Xeomin Challenge products purchased. Xeomin Challenge 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.

    6. Intellectual PropertyThe Site is owned and operated by Xeomin Challenge. The Site and all Site Content are protected under copyright, trade dress, trademark, and patent laws, international conventions, trade secret and all other relevant intellectual property and proprietary rights, and applicable laws and regulations. All Site Content is the property of Xeomin Challenge and its affiliates and/or third-party licensors. Except as expressly set forth in these Terms of Use, nothing in these Terms of Use, nor your use or transmission of the Site Content, shall grant you any authority in or right to any patents, copyrights, trade dress, trademarks, word marks, logos, or service marks owned or controlled by Xeomin Challenge and its affiliates and/or any third parties. Xeomin Challenge uses third-party trademarks, trade dress, word marks, service marks, and logos appearing in the Site only to identify and describe the products and services of their respective owners. Xeomin Challenge neither claims nor implies ownership in, affiliation with, sponsorship in, nor endorsement of any third-party marks or the owner of the mark.

    7. User-Generated Content.You acknowledge that Xeomin Challenge acts as a passive conduit when providing you with the ability to view and distribute User Content on the Site, and is not undertaking any obligation or liability relating to any user-generated messages or activities on the Site. Xeomin Challenge encourages your participation on the Site, but maintains no responsibility for reviewing User Content or for the substance of user-generated content. Still, Xeomin Challenge reserves the right to block or remove messages that it determines, in its sole discretion, to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) unlawful, or in violation of copyright, trademark, or other intellectual property rights of Xeomin Challenge or another, (d) offensive, or otherwise unacceptable, or (e) in violation of these Terms of Use.Except for information protected in our Privacy Policy when you Transmit information to Xeomin Challenge you grant us an absolute and continuous authority to use the information for any legal purpose and without compensation to anyone.

  8. Registration and Account Security

    1. Registered Users.Each registration covers only a single user. By using the Site and any services available on the Site, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) from time to time as necessary to keep the information true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if you violate these Terms of Use, Xeomin Challenge may suspend or terminate your account and refuse any and all current or future use of the Site and any services provided through the Site.

    2. Authority to Register.By creating an account you accept these Terms of Use and represent and warrant that you are 18 years of age or older. If you have created an account and accepted these Terms of Use on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.

    3. 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 Xeomin Challenge at email@XeominChallenge.com. Xeomin Challenge cannot and will not be liable for any loss or damage arising from your failure to comply with reasonable account security safeguards.

  9. No Guarantee or Warranties Xeomin Challenge employed reasonable efforts to ensure that information on the Site is accurate, complete, and current, however, Xeomin Challenge 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@XeominChallenge.com.WE PROVIDE THE SITE TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS, STATUTORY, OR IMPLIED WARRANTIES. Xeomin Challenge 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. Xeomin Challenge MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, FUNCTIONALITY, OR LEGALITY OF THE SITE OR ANY SITE CONTENT; AND Xeomin Challenge DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

  10. Limitation of Liability and DamagesXeomin Challenge DISCLAIMS LIABILITY, FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, DAMAGES FOR PERSONAL INJURY, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD-PARTIES REGARDLESS OF THE ALLEGED CAUSE OR THEORY OF LIABILITY, EVEN IF Xeomin Challenge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR ANY SITE CONTENT. FURTHERMORE, Xeomin Challenge SHALL NOT BE LIABLE FOR ANY TYPE OF DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE SITE OR ANY SITE CONTENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR ELECTRONIC DATA. YOU SPECIFICALLY AGREE THAT Xeomin Challenge IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH MADE ON OR THROUGH THE SITE BY ANY OTHER PARTY, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS ON OR THROUGH THE SITE BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. IN NO EVENT WILL Xeomin Challenge’S TOTAL LIABILITY TO YOU, FOR DAMAGES, LOSSES, AND CAUSES OF ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE, EXCEED $100.YOU EXPRESSLY AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. FURTHERMORE, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULT FROM SUCH ACTIVITY.  IF YOU LIVE IN A JURISDICTION WHERE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE (IN ACCORDANCE WITH THESE TERMS OF USE) Xeomin Challenge’S LIABILITY IS LIMITED TO THE GREATEST EXTENT EXCEPT AS PROHIBITED BY THE LAWS OF YOUR JURISDICTION.

  11. Indemnification.Xeomin Challenge reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Xeomin Challenge. You agree to cooperate with Xeomin Challenge’s defense of these claims. Xeomin Challenge will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree to indemnify, save, and hold Xeomin Challenge, its clients, agents, service providers, licensors, and partners, and their respective officers, employees, agents, successors and assigns harmless, to the fullest extent except as prohibited in law or equity, from and against any and all claims, losses, damages, actions, liabilities, costs and expenses including reasonable legal fees and expenses through final appeals, arising out of your use or misuse of the Site, any violation by you of these Terms of Use, any breach of the representations, warranties, and covenants made by you in connection with your use of the Site, any User Content that you Transmit via the Site, or any other act or omission by you, including your violation of any right or any rights of another, arising from your use of the Site.

  12. Service of Notice and Procedure for making claims of copyright infringement. We expect users of the Site to respect each other’s rights. Please report any violations of these Terms of Use to us at: email@XeominChallenge.com. All notices, demands, or consents given by you to Xeomin Challenge under these Terms of Use must be in writing and will be deemed given when delivered to Xeomin Challenge at: email@XeominChallenge.com.
    Any notices to you may be made either via e-mail or postal mail to the address that you provided in our records or via posting on the Site.
    If you believe in good faith that any of the Site Content infringes your copyright, please provide Xeomin Challenge’s copyright agent the following written information:

    1. an electronic or physical signature of the copyright owner or individual authorized to act on behalf of the copyright owner;

    2. a description of the copyrighted work that you claim has been infringed;

    3. a description of where the infringing material can be found on the Site;

    4. your address, telephone number, and e-mail address;

    5. 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

    6. 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.

  13.  
    Xeomin Challenge’s copyright agent for notice of claims of copyright infringement can be reached at:
    Xeomin Challenge

email@XeominChallenge.com.

  1. Jurisdiction.These Terms of Use and the interactions they govern, including without limitation their interpretation, construction, performance and enforcement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. If a Florida court finds any condition of the Terms of Use to be invalid, you and Xeomin Challenge nevertheless agree that (a) the court should give effect to the intentions reflected in the words of the provision, and (b) the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against Xeomin Challenge, its officers, agents, co-branders or other partners and employees, arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The resolution of any dispute relating to the use of the Site or these Terms of Use shall occur in the state and federal courts in Broward, Florida, U.S.A., and you agree to submit to these Courts with regard to any dispute relating to use of the Site or these Terms of Use. Further, you agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or related to these Terms of Use to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form.

  2. Comments and Questions Xeomin Challenge invites your comments, questions, suggestions and ideas relating to the Site. You may direct communications to:email@XeominChallenge.com.. Please understand that Xeomin Challenge 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 Xeomin Challenge using the information for any legal purpose and without compensation to anyone.



Terms Regarding Our EHR

1.1 PUBLIC SERVICES

We make some Services available without registering or obtaining a password. We call these “Public Services.” You may make personal, non-commercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of Xeomin Challenge, Inc. Personal use also includes temporary caching by your browser or a proxy server.

We reserve all rights not expressly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use.

1.2 PROTECTED SERVICES

Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these “Protected Services.” One such safeguard is requiring each user to be authenticated by means of authorization (which we call, “Credentials”), such as unique identifiers, API keys, passwords, and the like. In order to obtain Credentials, you must provide certain information about yourself. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected Service on behalf of, or for the benefit of, someone other than yourself – such as your employer, client or customer (each, a “Principal”) – you must also identify and provide information about each Principal.

If you sign up for one of our Protected Services you may be asked to agree to a user agreement, such as our Healthcare Provider User Agreement or our Patient Portal User Agreement (each such user agreement, your “User Agreement”). In such cases, you will be asked to agree to the terms of your User Agreement, for example, by checking a box or clicking on a button with terms such as “I agree” or “Create my EHR” or the like. In the event of a conflict between the terms of your User Agreement and of these Terms, the terms of your User Agreement shall control.

Your Credentials are unique to you. You should immediately notify us by email@xeominchallenge.com if your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials until you have properly notified us that your Credentials have been stolen or compromised. Further, you represent, warrant and covenant that:

  • the information you submit in obtaining your Credentials is complete and accurate and identifies you and the name of each of your Principals;

  • you will not share your Credentials with anyone else;

  • you will not circumvent, or attempt to circumvent, any technical measures that we have put in place to safeguard the Protected Services;

  • you will not, without our prior written approval, access or use, or attempt to access or use, any portion of the Protected Services other than with (i) a commercial browser (such as Chrome, Internet Explorer or Mozilla Firefox), (ii) an application made for mobile or handheld device(s) that is developed and distributed by us, or (iii) our application programming interface (“API”) using Credentials issued to you directly by us, and only us; and

  • You will not access or use, or attempt to access or use, a Protected Service without validly-issued active Credentials.

We reserve the right to suspend or terminate your access to any Protected Service at any time, with or without cause or notice. We shall not be liable to you in any way if we suspend or terminate your access to a Protected Service or our Services.

1.3 ADDITIONAL SAFEGUARDS

To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:

  • access, use or disseminate our Services, nor any information or files accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity;

  • sell or transfer any information included in our Services or use such information to market any product or service – including by sending, or facilitating the sending of, unsolicited emails or so-called “spam;”

  • probe, scan or test the vulnerability of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures;

  • disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services;

  • introduce to our Services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii)disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services;

  • disassemble, decompile or reverse engineer our Services;

  • harvest, retrieve, index or publish any portion of our Services unless you are a Public Search Engine engaging in Public Search Services;

  • disable or circumvent our API usage safeguards, including safeguards designed to regulate the nature or amount of data you are permitted to extract from our Services, or the frequency of which you may access such data; or make calls to our API other than those authorized in our API documentation;

  • remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or

  • engage in any activity other than those expressly permitted in these Terms and your User Agreement(s).

1.4 USE OF THE SERVICES BY AND ON BEHALF OF MINORS

You are not eligible to use our Services (including obtaining a Credential or entering into a User Agreement) unless you are at least 18 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction.

If you are the parent or guardian of an unemancipated minor, you may use the Services and enter into a User Agreement on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms (and User Agreement, if applicable) that applicable to you are equally applicable to such minor.

Under no circumstances may our Services be used by a child under 13 years old.

1.5 UNITED STATES ONLY

Access to our Services is administered in the United States (“US”) and is intended for users in the US. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful.

2. NATURE OF THE CONTENT APPEARING ON OUR SERVICES

2.1 OVERVIEW

Our Services may include text, data, graphics, images, video or other content (collectively, “Content”) created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies. The Content is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions. And we do not ensure the completeness, timeliness or accuracy of the Content.

2.2 BLOG POSTS; RATINGS; SURVEYS; COMMENTS; USER-SUBMITTED CONTENT

Our Services may allow you to access blogs, message boards, chat services, surveys and other forums where various users can share information, opinions, chats and other Content. We generally do not pre-screen or monitor user-submitted Content, and such Content may simply represent a user’s opinion or Content a user finds interesting. Our Services may also include survey results, ratings or testimonials (“Evaluations”) from patients, clients or other customers (“Patients”) of healthcare professionals (“Professionals”) that may endorse, recommend, critique, analyze, evaluate or otherwise describe the Professionals and the nature or quality of the services received by such patient, client or customer. Such Evaluations are anecdotal first-hand accounts of individual Patients, and are neither professional judgments nor the product of medical science. Such Evaluations do not in any way constitute or imply our endorsement or recommendation of any Professional. Further, Evaluations are subject to errors and biases that are common in anecdotal first-hand accounts, and should not to be presumed to be reliable or error-free.

2.3 DIRECTORIES:PHYSICIANS, CONSULTANTS, AND OTHER PROFESSIONALS

Our Services may include listings and directories (“Directories”) to help you Professionals. The Directories are provided for your convenience. The Directories are not comprehensive, but rather generally represent Professionals who use our Services and who have chosen to participate in the Directories. Further, we do not evaluate any Professional and the listing of a Professional does not in any way constitute a recommendation of such Professional. Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications. The Professionals are solely responsible for the appropriateness and quality of the services they provide. Additionally, the Directories rely on information submitted by Professionals themselves. Unless Professionals provide us with current information, the Directory information may not be timely or accurate. You should confirm such information before obtaining services or treatment from a Professional. As a convenience, the Services may permit you to request an appointment with a Professional. However, Professionals are responsible for maintaining their own schedules, and we cannot ensure that any given Professional will be available, nor that such Professional will not cancel his or her appointment.

2.4 ADVERTISING

Our Services may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”). The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.

2.5 LINKS TO OTHER SITES

Our Services may contain hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites.

2.6 NO MEDICAL ADVICE

Some Content may include health- or medical-related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Services or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.

2.7 CLINICAL DECISION SUPPORT INFORMATION

If you are a Professional, the Content may include information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general healthcare related information and resources, such as assessments. We may also provide forums for our users to exchange information. The information and materials available through our Services are for informational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment.

2.8 NO LEGAL OR REGULATORY ADVICE

Some Content may include regulatory related information pertaining to you or your business. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our Services or the Content. Accordingly, always seek the advice of your attorney or advisor with any questions you may have regarding a law, regulation, or dispute.

3. YOUR INTERACTIONS AND COMMUNICATIONS WITH US AND OUR SERVICES

3.1 VISITING OUR WEBSITES; SIGNING-UP FOR OUR SERVICES; EMAILING US

When you sign-up for or log-in to one of our Protected Services, or when you submit information on a web form or email or instant message us, you are communicating with us electronically. When you visit our websites, we and certain third-party service providers collect information during your visit. In each case, the nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by our Xeomin Challenge Privacy Policy.

As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be by email, instant message, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have submitted information to us through the Services or registered for one or more of the Protected Services, our responses to you or our Service announcements and administrative messages we provide you are considered part of the Services themselves, which you may not be able to opt-out from.

You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.

3.2 YOUR PARTICIPATION IN OUR PUBLIC FORUMS

We may offer one or more forums for the exchange of information among our users. You acknowledge that any text, data, graphics, images, video or other content (“Content”) that you submit in any of our forums (including discussion groups, blogs, surveys, ratings, comment forms, or message boards, collectively, “Public Forums”) is available to the public. Notwithstanding the foregoing, we are under no obligation to display any of your Content that you submit, and we reserve the right to remove or edit your Content at any time, for any or no reason.

It is important that you act responsibly when submitting Content to a Public Forum. You acknowledge that any Content that you submit in a Public Forum is available to the public. You are solely responsible for any Content that you post on the Public Forums or transmit to other users of our Services. You acknowledge that any information you post in a Public Forum may be available to the public, and may result in your receiving communications from others outside our Services.

Your participation in our Public Forums is subject to our Xeomin Challenge Community Standards and is contingent on your acknowledgment and agreement with the following:

  • You will only disclose information about yourself on a Public Forum that you consider suitable for public disclosure. You will not disclose information that personally identifies you unless you intend for that information to be disclosed publicly. We strongly recommend that you refrain from disclosing any sensitive information about yourself on a Public Forum, including information about any medical condition.

  • You will not violate the privacy rights of others, including disclosing information about anyone else’s medical or financial condition or any other sensitive subjects.

  • You will ensure that any Content that you submit to Public Forums is accurate. If you are rating or reviewing a Professional, you agree to provide your honest appraisals of such Professional, without using inappropriate language or making gratuitous personal criticisms.

  • You will not post any Content that you do not have the right to post; you will not violate any person’s or entity’s intellectual property or proprietary rights, including copyrights, trademarks or trade secret rights.

  • We will not be liable to you for any Content you submit to any Public Forum.

3.3 REMOVAL OF CONTENT

You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible, however, for any delay or failure in removing any Content.

3.4 REPORTING VIOLATIONS

We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.

3.5 COPYRIGHT POLICY

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner, if someone other than you, of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and

  • Your contact information, including your address, telephone number, and email address.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Xeomin Challenge will also terminate a user’s account if the user is determined to be a repeat infringer.

4. MISCELLANEOUS

4.1 OWNERSHIP

You retain ownership of the intellectual property rights you hold in Content you submit on our Services. When you submit Content on our Services, you thereby grant us and those we work with a worldwide, perpetual, royalty-free right to store, host, reproduce, create derivative works of (such as translations, adaptations, reformatted versions and aggregated, anonymized or de-identified versions), publish, publicly perform, display, use and distribute such Content as further described in these Terms, your User Agreement and the Xeomin Challenge Privacy Policy.

If you submit to us any ideas, suggestions or proposals (collectively, “Suggestions”) relating to our Services or other products or services by any means – such as through “Contact Us,” by email or other communication channels, one of our communities or user forums, or to our customer support or other personnel. With respect to such Suggestions (1) we are under no obligation of confidentiality, express or implied, with respect to such Suggestions; (2) we are entitled to use or disclose (or choose not to use or disclose) such Suggestions in any way and for any purpose; (3) such Suggestions automatically become our property without any obligation; and (4) you are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances.

Except for your Content, as between you and us, all right, title and interest in and to our Services, the Content, and the structure, organization and arrangement thereof, are and remain the exclusive property of us and our licensors. Except for the limited specific rights we expressly grant you above, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, exploit or otherwise use our Services or any Content.

4.2. VIOLATIONS

We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, a User Agreement, our rights or interest, or the rights or interests of any person or entity.

We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. If, for example, a user threatens to physically harm another user or any other individual, we reserve the right to fully cooperate with law enforcement authorities and the threatened individual. You hereby consent to our cooperation in such investigation.

4.3 INDEMNIFICATION

You will indemnify, defend and hold harmless Xeomin Challenge and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way connected with your use of our Services.

4.4 DISPUTES; GOVERNING LAW; JURISDICTION

Please see above.

4.5 TERMINATION

You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you. Sections 4.1 through 4.14 shall survive any termination or expiration of these Terms.

4.6 DISCLAIMERS AND LIMITATIONS ON LIABILITY

ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.

4.7 RISKS YOU ASSUME

WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO US AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.

4.8 LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “Xeomin Challenge ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE Xeomin Challenge ENTITIES, REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE GREATER OF (1) ONE HUNDRED UNITED STATES DOLLARS (US $100), AND (2) THE AGGREGATE FEES ACTUALLY PAID BY YOU TO US FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM OR ACTION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED.ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542 (OR SIMILAR PROVISIONS OF THE LAWS OF OTHER STATES), WHICH STATES,

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.

4.9 SEVERABILITY

If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.

4.10 NO WAIVER

Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.

4.11 INTERPRETATION

For the purpose of these Terms, “you” means the individual user of our Services. If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer’s client, if your employer has been engaged to access our Services (any such employer, client or other third party, a “Principal”)), then “you” also refers to such Principal. If you are using our Services on behalf of a Principal, (a) you represent and warrant that you have the authority to bind, and have bound, such Principal to these Terms; and (b) you agree to be jointly and severally liable for any breach of these Terms by Principal.

“Xeomin Challenge,” “we,” “our,” and “us” means, collectively, Xeomin Challenge, Inc. and our current and future subsidiaries and affiliates.

In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

These Terms, together with your User Agreement(s), constitute the entire agreement between you and Xeomin Challenge regarding any services accessed via our Services, and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof; provided, however, (a) in the event of an express conflict between any specific provision included in these Terms and an express provision in a User Agreement, the provision set forth in User Agreement shall prevail, and (b) these Terms shall cover all rights, obligations, terms and conditions not expressly addressed in such User Agreement.

4.12 ELECTRONIC CONTRACTING

Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

4.13 ASSIGNMENT

We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

4.14 AMENDMENTS

We may update or change our Services or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Services, we may post notice or notify you via email or our website(s) of any such change. The most current version of the Terms shall govern and supersede all previous versions.