terms & conditions

These Terms of Use apply when you view, access or otherwise use the website located at www.vaniqa.com (the “Site”). The Site is owned by SkinMedica, Inc. (“SkinMedica”). We grant you a nonexclusive, nontransferable, limited right to access and use the Site and the materials provided hereon, provided that you comply fully with these Terms of Use. Please read and review these Terms of Use carefully before accessing or using this Site. By accessing or using this Site, you acknowledge that you have read, understand and agree to these Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Site.

IMPORTANT: THESE TERMS OF USE INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THIS SITE. BY USING THIS SITE, YOU ARE AGREEING TO THAT RELEASE.

Privacy Statement

SkinMedica respects the privacy of its Site users. Please refer to SkinMedica’s Privacy Statement that explains users’ rights and responsibilities with respect to information that is collected or disclosed on this Site. Your use of the Site constitutes your agreement to SkinMedica’s Privacy Statement posted from time to time on the Site.

Copyright Notice

All materials and software published on or used on the Site are protected by copyright and are owned or controlled by or licensed to SkinMedica, or the party listed as the provider of the materials or software. You may download any downloadable materials displayed on the Site only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided that you maintain and abide by all copyright, trademark and other notices contained in such material or, if none, you include the following copyright notice in such downloaded materials:

Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained on this Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of SkinMedica.

To request permission to copy portions of this Site, please send an email to info@skinmedica.com and provide the following information in the body of the email:

the content you wish to use
where, when and how it will be used (for example, a seminar, newsletter or news article)
where and how copies will be distributed and to what audience
how many copies will be produced and distributed
what other materials will be associated with the Site content
your name, title, company, address, email address and phone number

We will evaluate and respond to your request as soon as possible. SkinMedica reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images, on the Site.

You may not provide links to images or text on the Site without prior express written consent. Upon request that you remove any link to the Site, you will immediately remove such link.

Trademark Notice

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of SkinMedica, its affiliates, related companies or its licensors, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that SkinMedica actively enforces its intellectual property rights. SkinMedica trademarks may be used publicly only with permission from SkinMedica. Fair use of the service marks requires proper acknowledgment. ALL RIGHTS RESERVED.

Links to Other Sites and/or Materials

Links to other website(s) may appear on the Site. These links are provided solely as a courtesy to our Site visitors. SkinMedica has no control over linked websites or the materials, information, goods or services available or contained on these linked websites. SkinMedica is not responsible for and does not endorse or warrant any materials, information, goods or services available through such linked websites or any privacy or other practices of such sites. SkinMedica reserves the right to terminate any link at any time.

Our “Find a Physician” page only provides information regarding physicians who carry SkinMedica products. SkinMedica makes no guarantees or representations regarding the quality of service provided by those physicians. SkinMedica expressly disclaims all liability for the actions of the physicians listed on this site.

Prohibited Actions

You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than lawful purposes. You may not use any automated tool to mine the Site for information or to fill out forms on the Site. The web and email servers maintained by Skinmedica cannot be used for the delivery of unsolicited bulk email or for any malicious or unlawful purpose. You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on the copyright, patent, trademark, or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms of Use or if you conduct any activity that violates the rights of any person or entity, or which we, in our sole discretion, deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.

Modification of Terms and Conditions of Use

SkinMedica reserves the right to revise these Terms of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions.

Email May Not Be Used to Provide Notice

Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to SkinMedica or any of its officers, employees, agents or representatives in any event where notice to SkinMedica is required by contract, or any federal, state or local laws, rules or regulations.

Disclaimer; Limitation of Damages

SkinMedica expressly disclaims all liability for any viruses or harm to your computer system or other device as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site. THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SkinMedica MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

To the extent permitted by law, SkinMedica will not be liable for any indirect, special, incidental, consequential, or punitive damages of any kind related to the Site whether as a breach of contract, tortious behavior, negligence or any other cause of action, even if SkinMedica has been advised of the possibility of such damages.

Accuracy of Information

SkinMedica strives to accurately and completely describe its products and provide updated information on the Site. However, SkinMedica does not warrant that product descriptions and information on the Site are complete or free from error.

Suggestions and Feedback

SkinMedica welcomes feedback or inquiries about our products. In the absence of a prior written agreement to the contrary, any suggestions will be treated as non-confidential and non-proprietary and any and all rights to materials or ideas submitted to us will be the exclusive property of SkinMedica.

Physician Finder Terms & Conditions

The physician locator is designed to help you find a physician near you who can provide you with more information concerning the prescription drug, VANIQA^® (eflornithine HCl) Cream, 13.9%. Although care has been taken to ensure that the information in this locator is accurate and timely, all material is supplied “AS IS” without warranty of quality, accuracy, merchantability or fitness for a particular purpose. The entire risk as to quality and/or accuracy of the information on this locator is with you. Should any information prove to be inaccurate or in any way defective, you assume the risk of relying on such material, including any direct, indirect, special or consequential damages. Under no circumstances will SkinMedica, Inc., participants, Webmaster, advertisers, or contributors be liable for damages that may result from your reliance upon anything derived from this site. SkinMedica, Inc., participants, Webmaster, advertisers, and contributors disclaim all liability to you for damages, costs and expenses, including legal fees. By using this Site you agree to hold harmless all connected with it against any and all claims arising out of your use of the Site, regardless of the cause, effects, or fault.

Applicable Laws; Venue

SkinMedica operates the Site from its offices in Carlsbad, California, and makes no representations that any materials available on the Site are appropriate or available for use in other locations. The display of the Site alone does not subject SkinMedica to any specific jurisdiction. Access to the Site from any territory where the content is illegal is prohibited. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. These Terms of Use and your use of the Site shall be governed by the federal laws of the United States of America and the state laws of the State of California. Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of California. The access, viewing or use of this Site constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.