TERMS OF USE
Last Updated February 27, 2018
  

GENERAL TERMS

These Terms of Use constitute a legal contract between you and STRATA Skin Sciences, Inc. (”STRATA”) and, together with the Privacy Policy and Social Media Guidelines (collectively, the “Terms”), govern your access to and use of STRATA’s websites, social media sites and mobile applications (the “Sites”). STRATA Skin Sciences, Inc. (“STRATA”, “we”, “our”, or “us”) is the distributor of the Nordlys Hybrid System and STRATAPEN® and the manufacturer of the XTRAC® medical device used for the primary purposes of psoriasis and vitiligo treatment. STRATA is committed to protecting your privacy. These Terms are applicable to all users utilizing our Services. By visiting and using our Sites, you agree to these Terms. If you have any questions or concerns about these Terms, or about the way your information is collected, processed, or used, please contact us as described in the “Contact Us” section below.

DEFINITIONS

For purposes of this Policy the following definitions shall apply:

Cookies” are text files that are saved by your browser (e.g., Internet Explorer, Google Chrome) and stored on your computer’s hard drive, used for the purpose of automatic identification of a particular user that is visiting webpages or browsing the internet.

Customer(s)” / “User(s)” / “You(r)” means any individual using our Services.

Devices / Products” include Nordlys Hybrid System and STRATAPEN®, both of which are exclusively distributed by STRATA, and the XTRAC® medical device manufactured by STRATA.

Non-Personal Information” means any information that does not uniquely identify a User; not Personal Information.

Personal Information” means any personally identifiable information or set of information that identifies or could be used by or on behalf of STRATA to identify an individual, including but not limited to, name, zip code, e-mail address, phone number, social security number, medical insurance carrier and ID number and address.

Services” means any service requested by the user including visiting any of STRATA’s Sites, completing a request for additional information or using our Live Chat features.

STRATA Related Parties” means any of STRATA’s affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns respect thereto.

Third Party” means any third party outside of STRATA that collects, process and/or uses Personal Information under the instruction of STRATA or provides user information to STRATA

AGE OF PARTICIPATION

You must be at least 18 years old to participate. If you are a minor in your jurisdiction, please do not post your comment without the knowledge and permission of a parent or legal guardian. If you are an adult, and your post contains the name or likeness of a minor, you must be the parent or legal guardian of that minor.

ACCESS TO AND USE OF THE SITES AND SERVICES

Subject to these Terms, you may access and use the Sites and Services for your personal, noncommercial use only.

To access the Services, you may be asked to provide certain personal or other information. It is a condition of your access to or use of the Services that all information you provide to STRATA is correct, current, and complete. Any information provided to you through the Services, regarding your personal use or treatment using our Products, must be treated as confidential, and you must not disclose this information to any other individual or entity. You acknowledge that you will not provide any such information to other persons, except those that you may be representing.

You agree to notify STRATA immediately of or any breach of security if you believe that your personal or other information has been compromised. To do so, you may contact us via the “Contact Us” section below.

The Sites and Services are available for use only by persons located in the United States. STRATA makes no claims that the Sites and Services or any of the Site and Services Content are accessible or appropriate outside of the United States. Access to the Sites and Services may not be legal by certain persons or in certain countries. If you access the Sites and Services from outside the United States, you do so on your own risk and are responsible for compliance with applicable laws.

DISCLAIMER OF WARRANTIES

Services Provided “As Is” and your use of the Sites and Services is at your own risk.

EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SITES AND SERVICES (AND YOUR ACCESS TO OR USE OF THE SERVICES) IS OR WILL BE SECURE, PRIVATE, ERROR-FREE, UNINTERRUPTED, NON-INFRINGING, COMPLIANT WITH LAW, FREE OF HARMFUL OR OFFENSIVE CONTENT OR COMPONENTS, OR INTEROPERABLE WITH ANY THIRD-PARTY DEVICE, CONTENT, OR SERVICE. STRATA EXPRESSLY DISCLAIMS LIABILITY FOR CLAIMS RELATED TO ANY OF THE FOREGOING CIRCUMSTANCES. YOU ASSUME ALL RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY STRATA.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

PRIVACY

All information STRATA collects through the Sites and Services is subject to STRATA’s Privacy Policy (http://www.xtracclear.com/privacy/). By using the Sites and Services, you consent to all actions taken by STRATA with respect to your information in compliance with STRATA’s Privacy Policy

INTELLECTUAL PROPERTY

Except as otherwise expressly stated, all content, features, and functionality included in or accessible through our Sites (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Site Content”) are owned by STRATA, its licensors, or other third-party content providers, and such Site Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted in these Terms are expressly reserved.

TRADE NAME AND TRADEMARKS

“STRATA” is the official trade name under which we do business and is property of our company. “XTRAC®”, “STRATAPEN® ”, or any other of STRATA’s logos and all related names, logos, product and service names, designs, and slogans are trademarks of STRATA or its affiliates or licensors. You may not use any of the foregoing without STRATA’s prior written consent. All other names, logos, product and service names, designs, and slogans that may be posted or used on our Sites are the trademarks of their respective owners

ACCEPTABLE USE OF PROPRIETARY INFORMATION

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, publicly display, publicly perform, reproduce, reuse, post, republish, license, frame, download, store for subsequent use, create derivative works of, transfer, or sell any of the Site or Service Content, in whole or in part, without STRATA’s prior written authorization. Any unauthorized use of the Site and Services Content is a breach of these Terms and may violate United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. If you use any of the Site and Services Content without authorization, or beyond the scope of your authorization, your right to access and use the Sites and Services shall immediately terminate.

All notices of infringement of STRATA’s copyright, trade name intellectual property or proprietary information must be sent to STRATA’s internal General Counsel at jsturm@strataskin.com.

COPYRIGHT POLICY

STRATA takes claims of copyright infringement seriously. STRATA will respond to notices of alleged copyright infringement if such notices comply with applicable law. If you believe any materials accessible through the Sites infringe your copyright, you may request removal of such materials from the Sites by submitting written notification to STRATA as described in the “Contact Us” section below.

Notices that fail to comply with all of the requirements of Section 512(c)(3) of the Digital Millennium Copyright Act (17 U.S.C. § 512; the “DMCA”) may not be honored by STRATA.

If you knowingly and materially misrepresent that material on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

STRATA will terminate these Terms and your access to the Sites and Services if you repeatedly post material that infringes on third parties’ copyrights.

USER CONTRIBUTIONS

If you use features on the Sites that allow you to post, submit, publish, display, or transmit to STRATA, other users, or third parties any content or materials (collectively, “User Contributions”) on or through the Sites and Services, you hereby grant the STRATA Related Parties a perpetual, worldwide, transferable, sublicenseable, fully-paid up, royalty-free license to use, copy, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and otherwise disclose to third parties User Contributions for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above.

You represent, warrant, and covenant that your User Contributions comply, and will comply, with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, your User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could subject STRATA to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes or other sales promotions, bartering, or advertising; or
  • Give the impression that they originate from or are endorsed by STRATA or any other person or entity, if this is not the case.

STRATA retains the right to:

  • Remove or refuse to post any User Contributions for any or no reason in STRATA’s sole discretion;
  • Take any action with respect to any User Contribution that STRATA deems necessary or appropriate, in STRATA’s sole discretion;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including such third party’s intellectual property rights or right to privacy; and
  • Without limiting the foregoing, STRATA may cooperate with any law enforcement authorities or court order requesting or directing STRATA to disclose the identity or other information of anyone accessing or using the Services.

LINKS TO AND FROM THE SITES

If the Sites contain links to websites and resources provided by third parties (including, without limitation, links contained in advertisements, including banner advertisements, and sponsored links), such links are provided for your convenience only. STRATA has no control over the contents of such third-party websites or resources, and accepts no responsibility for such third-party websites or resources or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites or resources linked to from the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources.

You may link to the homepage of the Sites, provided you do so in a way that is fair and legal and does not damage STRATA’s reputation. You may not establish a link to the Sites in such a way as to suggest any form of association, approval, or endorsement on STRATA’s part. You agree to cooperate with STRATA in preventing or ceasing any unauthorized framing or linking. STRATA reserves the right to withdraw linking permission without notice.

NON-RELIANCE ON INFORMATION

Any information residing on the Sites or provided through Services is intended solely for educational and informational purposes. Such information is not intended as a substitute for consultation with a physician or medical professional, and should not be used to diagnose or treat a medical condition or health problem. For medical advice, please consult with a physician or medical professional. In no event shall STRATA or STRATA Related Parties be liable for any decision made or action taken in reliance on the information contained on the Sites or provided through the Services, and you shall not directly or indirectly make any claim against STRATA or STRATA Related Parties. STRATA disclaims all responsibility arising from your reliance on such materials

The Sites may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in such content are solely the opinions and the responsibility of the third party providing such materials. Such materials do not necessarily reflect the opinion of STRATA. STRATA is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

LIMITATION OF LIABILITYS

The STRATA Related Parties shall not be liable for any errors in the Sites or Services or any Site or Service Content, or for any action taken in reliance thereon. Furthermore, the STRATA Related Parties shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), or other consequence beyond the reasonable control of STRATA. Any liability of the STRATA Related Parties to you for damages, injuries, losses, and causes of action, of any kind or nature, whether in contract, tort, negligence or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by you to STRATA in your most recent use of the Sites and Services immediately prior to the claimed injury, loss, or damage.

Some jurisdictions do not allow the limitation of certain liabilities. If you are in one of those jurisdictions, the above limitations may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless STRATA and all STRATA Related Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ or arbitrators fees) arising out of or relating to your violation of these Terms or your use of the Sites and Services, including, without limitation, all Social Media Sites and uses in violation of the STRATA Social Media Guidelines (https://www.xtracclear.com/social-media-guidelines/), in each case other than as expressly authorized in these Terms.

GOVERNING LAW AND JURISDICTION

By accessing or using the Sites and Services, you agree that all matters relating to your access to and use of the Sites and Services (including non-contractual disputes or claims) shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws principles thereof. Any legal action or proceeding arising out of or related to your access to or use of the Sites and Services or these Terms, except where such legal action or proceeding is submitted to arbitration as described in the “Arbitration” section above, shall be instituted exclusively in the applicable state or federal courts of the Commonwealth of Pennsylvania, and you agree and hereby submit to the exclusive personal jurisdiction and venue thereof.

ARBITRATION

You and STRATA agree that any disputes between you and STRATA will be resolved through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and STRATA relating to these Terms or the Sites and Services, (each, a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and STRATA agree that the arbitration will be kept confidential and that the existence of the proceeding and all elements of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged, and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. You and STRATA hereby waive any right to a jury trial of any Claim.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, STRATA will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate

This arbitration agreement does not preclude you or STRATA from seeking action by federal, state, or local government agencies. You and STRATA also have the right to bring qualifying claims in small claims court. In addition, you and STRATA retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor STRATA may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or STRATA’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

This “Arbitration” section of these Terms will survive the termination of your relationship with STRATA.

STRATA’s affiliates and third-party providers are third-party beneficiaries to these Terms (and may enforce any of the provisions and protections hereof, including, without limitation, the foregoing arbitration provision).

THIS “ARBITRATION” SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR STRATA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms or your access to or use of the Site and Services MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. After such period, such cause of action or claim is permanently barred.

WAIVER

No waiver by STRATA of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of STRATA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

SEVERABILITY

If any portion these Terms is determined to be void, unlawful, or unenforceable, the validity and enforceability of the remaining terms and conditions shall not thereby be affected or impaired.

ENTIRE AGREEMENT

These Terms, along with the STRATA Privacy Policy constitute the entire agreement between you and STRATA with respect to use of the Sites and Services and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and covenants, both written and oral, with respect to the Sites and Services.

CHANGES TO THESE TERMS

STRATA reserves the right to make changes to these Terms at any time. Each time any changes are made, the revised Terms will be posted to our each of our Site(s). All revisions will be effective immediately upon release of the new Terms. Your use of our Site(s) after we post a revised version of these Terms means that you accept the revised version.

RIGHT OF TERMINATION AND RESTRUCTION OF USE

STRATA reserves the right to cancel, withdraw or amend the Sites and Services or any portion thereof, in its sole discretion without notice. STRATA shall not be liable if for any reason all or any portion of the Sites and Services are unavailable at any time or for any period. From time to time, STRATA may restrict access to some or all of the Services.

CONTACT US

Should you have questions about these Terms or our information collection, use and disclosure practices, you may contact our internal Compliance Manager at the following:

STRATA Skin Sciences, Inc.
Attn: Compliance Manager
100 Lakeside Drive, Suite 100
Horsham, PA 19044
Email: jjackowski@strataskin.com

You may also contact the STRATA Patient Advocate Team at the following:

STRATA Skin Sciences, Inc.
Attn: Patient Advocate Team
2365 Camino Vida Roble, Suite B
Carlsbad, CA 92009
Phone: 1-800-974-8958
E-mail: PatientAdvocate@strataskin.com

We may contact you for follow up information and may share your inquiry with other individuals within our company or working for us that are responsible for functions related to the subject of your inquiry. Except where required by law, we cannot ensure a response to questions or comments regarding topics unrelated to this Policy or our privacy practices.