Terms and Conditions of Use

Thank you for visiting the CoolSculpting website of Allergan (hereinafter, the "Society"). This website is designed for users in the European Community. In these Terms and Conditions of Use, together with the Privacy Policy, the Exclusion of Liability and any other document that is expressly incorporated by them, the terms and conditions are established under which you may access and use this website and other websites that are owned or controlled by the Company (hereinafter, the "Website"), including any content, features and services offered through the Website.

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF USE OF THE WEBSITE. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND OBLIGATED BY SUCH TERMS AND CONDITIONS OF USE. IF YOU ARE NOT A RESIDENT PERSON IN THE EUROPEAN UNION OR YOU WOULD NOT LIKE TO ACCEPT THE TERMS AND CONDITIONS OF USE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE. WE RESERVE THE RIGHT TO MODIFY, ADD OR REMOVE, AT ANY TIME AND TO OUR FREE AND EXCLUSIVE ARBITRATOR, PARTS OF THESE TERMS AND CONDITIONS OF USE, AS WELL AS ANY DOCUMENT INCORPORATED WITH THEM. CONTINUATION BY YOU IN THE USE OF THE WEBSITE AFTER THE PUBLICATION OF THE CHANGES MEANS THAT YOU ACCEPT AND AGREE WITH SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK PERIODICALLY THESE TERMS AND CONDITIONS OF USE TO SEE IF THERE ARE CHANGES.

Content of the Website

The information presented on or through the Website is offered exclusively for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. The confidence you place in such information is strictly at your own risk. This Website can provide information about medical problems and their treatment. However, nothing contained in this Website shall be construed as any kind of recommendation or medical advice and shall not serve as the basis for any decision or action. Patients should not use the information contained in the Website to diagnose health problems or diseases.

Always seek medical advice from a qualified doctor. We decline all responsibility derived from having trusted in these materials you or any other person that has been informed through the Website.

You acknowledge and accept that all texts, graphics, photographs, trademarks, logos, visual interfaces, works, computer codes and other related content (hereinafter, the "Content") collected on the Website are the property of the Company or third parties, and are protected by current regulations on trademarks, patents, commercial images and copyrights, as well as industrial and intellectual property rights and antitrust legislation. It is strictly prohibited any reproduction, publication, additional distribution or public exposure, partial or total, of the materials provided through the Website. Except as expressly provided in these Terms and Conditions of Use, without the prior express written consent of the Company, you may not copy, reproduce, republish, download, display, publicly display, encode, translate, distribute or in any way transmit any of the Content or the Website (including mirroring) to any other computer, server, website or other medium for publication or distribution, or for any commercial purpose.

Access to the Website and Changes

We reserve the right to withdraw or modify this Website, as well as any product, service or material that we offer on the Website, at our sole and exclusive discretion and without the need for prior notice. We will not incur in any responsibility in the event that, for any reason, all or any part of the Website is not available at any time or for a period of time. We may from time to time restrict user access to some parts of the Website or in its entirety. It is also possible that we will regularly update the content of the Website and make reasonable efforts to keep the information up-to-date. We cannot guarantee, however, that the content is complete or updated.

Brands

The brands, service marks, graphics and logos used in relation to the Website are trademarks of their respective owners. You are not granted any right or license with respect to any of the trademarks mentioned above or the use thereof.

Information about you and your visits to the Website

All information that we collect about you on this Website will be subject to our Privacy Policy.

Non-confidential information

Notwithstanding the applicable terms and conditions established in our Privacy Policy, any other communication or material sent to us through the Website or in any other way, such as, for example, questions, comments, suggestions, etc., are and will be treated as non-confidential information, and we will have no obligation of any kind with respect to such information. We may freely use ideas, concepts, know-how or techniques contained in such communication for any purpose, of any nature, including, but not limited to, the development, manufacture and marketing of products.

Links and Third-Party Technologies

All third-party websites and technologies provided, offered, linked or accessible through the Website (hereinafter, the "Links and Third-Party Technologies") are provided exclusively for your convenience and are not under our control. The Company does not endorse, recommend or otherwise make statements or guarantees with respect to any Third Party Technology. The Company will not incur any liability to you for the reason of the Third Party Technologies that you access and use at your own risk. Likewise, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technologies and, in addition, to ensure that you have obtained all the rights, licenses and authorizations that may be necessary to use said Third Party Technologies.

Website designed for users over 18 years

This Website is not designed or intended for use by children under 18 years.

Violation of the Terms and Conditions of Use

Failure to comply with these Terms and Conditions of Use constitutes a substantial breach thereof and may result in the exercise by the Company of all rights and remedies that correspond to them under these Terms and Conditions of Use, as well as the of any other right and remedy that may correspond to you in Law or in equity. Specifically, you accept that the Company may, at its sole discretion and without prior notice, terminate your access to the Website for breach of these Terms and Conditions of Use or other agreements or guidelines that may be associated to your use of the Website.

Indemnity Compensation

You undertake to defend, indemnify and protect the Company, its directors, administrators, partners, employees, agents, licensors and suppliers against and in front any claims, actions, liabilities and liquidations, including, but not limited to, and not limitative, any reasonable fees of accountants and attorneys, that may derive, real or presumed, from the breach by you of these Terms and Conditions of Use.

Limitation of Liability

Except when this is legally prohibited, under no circumstances THE COMPANY OR ITS RELATED ENTITIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE WEBSITE BY YOU OR YOUR INABILITY TO USE THE SAME, INCLUDED, AS A MERELY ENUNCIATIVE AND NON-LIMITATION, THE FACT THAT CONFIDENCE ON YOUR PART IN ANY INFORMATION OBTAINED FROM THE WEBSITE WILL RESULT IN ERRORS, OMISSIONS, INTERRUPTIONS, ERASING OR CORRUPTION OF FILES, VIRUSES, OPERATING DELAYS OR TRANSMISSION, OR ANY OPERATING FAILURE. THE REFERRAL LIMITATION OF LIABILITY WILL APPLY TO ANY LEGAL ACTION OF CONTRACTUAL OR EXTRACONTRACTUAL NATURE, OR TO ANY OTHER CLAIMS, EVEN IF A REPRESENTATIVE EMPLOYED BY THE COMPANY HAD BEEN INFORMED OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the remaining stipulations of these Terms and Conditions of Use, if the Company is held liable for any damages or losses arising out of or related to your use of the Website or any Content, the liability of the Company shall not exceed, in any case, the amount of 5 US dollars. In some jurisdictions, liability limitations are not allowed, so the above limitation may not apply to you.

EXCLUSION OF LIABILITY

By using the Website, you expressly agree that such use of the Website is done at your own risk. The Website is offered "AS IS" and "as available". Neither the Company nor its directors, administrators, executives, partners, employees, agents, third-party content providers, designers, contractors, distributors, retailers, sponsors, licensors, etc. (collectively referred to as the "Related Parties") guarantee that use of the Website will lack interruptions or errors. Neither the Company nor its Related Parties guarantee the accuracy, integrity or completeness of the content provided on the Website or the products or services offered for sale on the Website. Likewise, the Company does not make any statement in the sense that the content provided on the Website is applicable or appropriate to be used in places outside the European Community. The Company and its Related Parties specifically exclude all guarantees, tacit or express, including, but not limited to, guarantees of ownership, merchantability or fitness for a particular purpose. No verbal indication or written information given by the Company or its Related Parties will generate any guarantee. Some states do not allow the exclusion or limitation of certain guarantees, so the above limitation or exclusion may not apply to you.

Nullity in case of prohibition

This Website is designed for residents of the European Community. Not all the elements, products or services analyzed, cited, facilitated or offered on the Website or through it, are available to all persons or in all geographical locations, or are appropriate, available or permitted for use outside of the European Community. Any offer of items, products or services made on the Website will be void when prohibited. The Company reserves the right to limit, to its free and exclusive discretion, the supply and quantity of any element, product or service to any person or geographical area. If you decide to access the Website from outside the European Community, you do so on your own initiative and you will be exclusively responsible for compliance with any applicable regulations.

Applicable law

You agree that all matters relating to your access to or use of the Website, including all disputes, are governed by United Kingdom law, without regard to the applicable principles of conflicts of law. You agree to submit to the jurisdiction and jurisdiction of the courts of the United Kingdom, and waive any exception based on the lack of objective, functional or territorial jurisdiction.

RESIGNATION OF A JURY TRIAL

EXCEPT WHEN IT IS LEGALLY PROHIBITED, YOU EXPRESSLY DISCLAIM THE CELEBRATION OF A JURY TRIAL IN ANY INJUNCTIVE JUDICIAL PROCEEDINGS THAT HAVE A CONTROVERSY, CONFLICT OR CLAIM DERIVED FROM OR RELATED TO THE PRESENT TERMS AND CONDITIONS OR THE WEB SITE.

Absence of waiver

The lack of insistence or demand by the Company in strict compliance with these Terms and Conditions of Use shall not be construed as a waiver by the Company of any stipulation or any right it may have to demand compliance with these Terms and Conditions of Use, nor may any type of conduct between the Company and you or any other party be considered as modifier of any of the stipulations of these Terms and Conditions of Use.

Partial nullity

The stipulations of these Terms and Conditions of Use are independent of each other. The nullity, total or partial, of any stipulation of the same will not affect the validity or enforceability of the remaining stipulations. If any of the stipulations of these Terms and Conditions of Use were declared void or unenforceable by a competent court, such stipulation will be eliminated or will be limited to the minimum extent necessary and will be replaced by a valid stipulation that best reflects the purpose thereof, so that these Terms and Conditions of Use remain fully effective and active.