Terms of Use

This website is operated by Venus Concept and its affiliated entities (listed in the “Venus Concept entities” section in our Privacy Policy) (together, “Venus Concept”, “we”, “our”, or “us”). Venus Concept offers this website, including all information, tools, and services available from this website (collectively, the “Website”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Please read these Terms of Use carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you may not access or use the Website.

We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

1. Accuracy, Completeness, Medical Advice, and Timeliness of Information

We will use reasonable efforts to include accurate and up-to-date information on this Website, but we make no warranties or representations of any kind as to its accuracy, currency, or completeness. The material on this Website is provided for general information only and should not be interpreted as medical advice or as a substitute for consultation with a physician or otherwise qualified health care professional. Your decision to rely on any material on this Website is at your sole discretion and risk. Venus Concept cannot answer unsolicited e-mails or questions received through other channels requesting personal medical advice. Visitors should always consult their health care professional prior to making any decisions related to medical products and/or treatment.

2. Links to the Website

You are free to establish a hypertext link to this Website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Venus Concept. Without the prior written consent of Venus Concept, you may not frame or scrape any of the content on the Website nor incorporate into another website or other service any Intellectual Property (as defined herein). Links to this Website from other websites should be text-only and may not include Venus Concept’s logo or other intellectual property. We strictly prohibit any suggestions of Venus Concept’s endorsement or recommendation of a specific company, product, or service.

3. Third-Party Links

Links on this Website may direct you to third-party websites that are not affiliated with us and are not under our control. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Inclusion of any third party link does not imply an endorsement or recommendation by us. Use of any third-party website will be governed by the privacy notice, terms of use, and/or other policies (if any) on that website.

4. Social Media Commenting Guidelines

The purpose of these Social Media Commenting Guidelines (“Guidelines”) is to inform users of how we interact with the public via this Website and third-party social media tools. These tools allow for comments to be posted by the public, and we encourage discussion. While we cannot respond to all comments individually, we will attempt to provide additional information or links when possible. Venus Concept’s goal in publishing these Guidelines is to support fact-based, respectful community dialogue on the Website and on third-party social media tools like Twitter, Facebook, Instagram, and LinkedIn.

Venus Concept may moderate and review comments submitted to this Website and other social media platforms it may use from time to time, and may participate or intervene, as appropriate; however, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such transmissions. Venus Concept expects posted comments to be relevant to the section they are posted to and reserves the right to edit or remove comments including but not limited to those that:

• Are contrary to the principles of the Canadian Charter of Rights and Freedoms
• Express racist, hateful, sexist, homophobic, slanderous, insulting, or life-threatening messages
• Put forward serious, unproven, or inaccurate accusations against individuals or organizations
• Are aggressive, coarse, violent, obscene, or pornographic in tone
• Are offensive to an individual or an organization, rude in tone, or abusive
• Are not sent by the author, or are put forward for advertising purposes
• Offer unsolicited medical advice
• Are unintelligible or irrelevant
• Are defamatory or libelous
• Contain any spy ware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, or any Trojan horse or other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from us or others
• Are themselves, or the posting of which, infringe any third party's rights (including, without limitation, intellectual property rights, and privacy rights)
• Violate any laws or encourage the violation of any laws
• Are repetitive or spamming of threads
• Do not, in the moderators’ opinion, add to the normal flow of the discussion. In accordance with these rules, the moderators reserve the right to edit, refuse, or remove any comments. Moderating and posting of comments will generally occur during regular business hours (9 a.m. to 5 p.m. Eastern Standard Time), Monday through Friday. Comments submitted after hours or on weekends will be read and posted as early as possible.

5. User Comments, Feedback, and Other Submissions

If, at our request, you send us certain specific submissions (for example product inquiries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any such Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

6. Personal Information

Your submission of personal information through this Website is governed by our Privacy Policy, which is incorporated herein by reference and explains your rights and responsibilities with respect to information that is disclosed on this Website. By using the Website, you confirm that you have read and understood the Privacy Policy.

7. Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our Website that contains typographical errors, inaccuracies, or omissions, for example, those that may relate to product descriptions or treatments. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on this Website or any affiliated website is inaccurate at any time without prior notice.

8. Forward Looking Statements

This Website may contain forward-looking statements about Venus Concept’s financial and operating performance, business plans and prospects, current and developing products that involve significant risks and uncertainties. If underlying assumptions prove or have proven to be inaccurate, or if known or unknown risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from the company's expectations and projections contained or reflected in these statements. Such risks and uncertainties include, among other things, the uncertainties inherent in research and development; decisions by governmental authorities regarding whether and when to approve product uses and/or applications and supplemental applications as well as other matters that could affect the availability or commercial potential of our products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of our patents; trends toward managed care and health care cost containment; governmental laws and regulations affecting health care; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. Venus Concept assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

9. Prohibited Uses

You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any affiliated website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

10. Limitation of Liability

In no case shall Venus Concept, our directors, officers, employees, affiliates, agents, contractors, freelancers, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. If your use of or information from this Website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Disclaimer

OUR WEBSITE AND ALL CONTENTS OF THE SUCH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT VENUS CONCEPT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY NORMAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES AS A RESULT OF THE USE OF THE INFORMATION PROVIDED THROUGH THE WEBSITE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IF, FOR ANY REASON, VENUS CONCEPT IS DETERMINED TO HAVE FINANCIAL LIABILITY TO YOU, THE TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID US TO USE THE WEBSITE, IF ANY.

12. Indemnity

You agree to defend, indemnify, reimburse, and hold harmless Venus Concept and its parents, subsidiaries and affiliated entities, its third party contractors, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney’s fees, costs and expenses, and court costs) arising out of or related to: (i) your use of the Website; (iii) any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof; and (iv) your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the submission and/or use of your Comments as contemplated hereunder.

13. Intellectual Property

You acknowledge that Venus Concept owns all rights, title, and interest (including patent rights, copyrights, trade secret rights, trademark rights, sui generis database rights, and all other intellectual property rights of any sort throughout the world) in the Website, in any and all versions, whether or not patentable, and any works of authorship, designations, designs, know-how, ideas, and information made or conceived, in whole or in part, through compilations of data created through the analyses of use of the Website (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, websites, and their reproductions, further versions, revisions, and/or derivative works of the Website. Any goodwill existing or springing from these Terms of Use, except for the intellectual property of your Comments or from other sites or companies that we do not own or operate, shall inure to the benefit of Venus Concept and/or its assignees only. Other product and company names that are provided as part of the Website may be trademarks or copyrights of their respective owners and Venus Concept does not claim to own any of such intellectual property. Except as may be expressly granted herein, Venus Concept grants you no right, license, title, or interest in or to any of our Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative works from our Intellectual Property. We reserve all rights not specifically granted.

If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, please email us with the following information:

1. identification of the copyrighted work claimed to have been infringed;
2. identification of the allegedly infringing material on the Website that is requested to be removed;
3. your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
4. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
5. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
6. a physical or electronic signature of the copyright owner or the person authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Information should be emailed, here: [email protected]. 

We will remove any content that infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above, and may, in our sole discretion if we deem it appropriate, terminate access rights of any user who we reasonably believe violates any United States copyright laws.

14. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this Website, including but not limited to the Privacy Policy, constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

15. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York excluding its conflict of law rules.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.

The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

16. Assignment

Venus Concept shall have the right to assign these Terms of Use in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms of Use without the prior written consent of Venus Concept.

17. Contact Information

Questions about these Terms of Use should be sent to Venus Concept at [email protected] or delivered via mail to: Venus Concept, 235 Yorkland Road, Suite 900, North York, Ontario, M2J 4Y8.

Last updated: October 10, 2019