Version 1.1 - Effective Date: 03.05.2016
These Terms of Use apply to your use of the Website.
1.2 In order to register you must be a natural person with full legal capacity and a healthcare professional (medical practitioner/physician, dentist or pharmacist).
1.3 Registration or acceptance of registration does not affect any professional limitations that may be placed on a healthcare professional by legislation, rules and policies.
1.4 For the registration you are required to submit personal data, such as your name, date of birth, profession, discipline, registration number, practice address and email address (together the “Registration Data”). You are also required to choose a user name and password (together the “Log-in Information”).
1.5 Merz is entitled to request relevant proof (e.g. certificate of professional qualification, DocCheck authentication) that you are a healthcare professional.
1.6 All Registration Data must be complete and accurate. You are required to update your Registration Data if it changes.
1.7 We reserve the right to decline registration or activation in case of the suspicion of fraud or falsity of personal information. No right to registration and/or activation exists.
1.8 You will receive an email containing a link you are required to activate to confirm your registration. Only after successful confirmation of your registration you are able to access and use the parts of the Website that are reserved for Registered Users only (the “Registered Access”).
1.9 As soon as a precondition for becoming a Registered User (e.g. being a healthcare professional) no longer exists, you have to immediately notify us by sending an email to merz-institute@cocomore.com and your right to use the Access ceases automatically.
1.10 You may register only once. We reserve the right to close any additional accounts a Registered User may register on the Website.
1.11 With registration on this Website you agree that the payment is processed by the external provider “Payone”. Payone will not use your data for any other than the payment process. Payone and Merz have entered into a data processing agreement.
2.2 Your Access is personal to you and you may not disclose, assign or otherwise transfer your Access and/or Log-in Information to any other person or entity.
2.3 You are responsible for all transactions made through your Access, irrespective of whether you act negligently or wilfully.
2.4 Registered Users may have access to shopping services offered by us through the Website (the "Shopping Services"). The purchase of products and items through the Shopping Services is subject to the Terms of Sale.
6.2 Without limiting the liability under section 6.1 above, the following applies: We may only be liable for slight negligence in cases of a breach of a “material” contractual obligation hereunder. “Material” obligations in this sense are obligations that are necessary for the fulfilment of this agreement, the breach of which would jeopardize the purpose of the agreement and the compliance with which you may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases we shall not be liable for slight negligence.”
7.2 We are entitled to terminate your Access by giving one month notice.
7.3 We may terminate your Access, at any time, without notice if you breach the terms of these Terms of Use. In case of minor breaches we will provide you with a prior warning outlining your non-compliance and give you an opportunity to remedy this. However, if your behaviour is unacceptable, we are is not required to provide you with such prior warning. Behaviour is considered unacceptable in particular in case of serious violations of sections 2.1, 2.2, 2.3, 2.4 and 3 of these Terms of Use.
7.4 The termination of your Access for any reason will prevent your use of parts of the Website that are reserved for Registered Users, including, but not limited to the Shopping Services, and will lead to a termination of any and all licenses granted in connection with your Access, including licenses you acquired through the Shopping Services.
In the event of any provisions of this Terms of Use being or becoming ineffective or of any omission being discovered, the validity of the remaining provisions shall not thereby be affected.
In place of the ineffective provisions or for the purpose of rectifying the omission a reasonable arrangement shall operate being the nearest legally possible approach to that which the Parties hereto desired or would have desired in consideration of the spirit and object of this Terms of Use had they considered the point.
The Parties agree that in case of any inconsistencies or differences, regarding the interpretation of any term or wording in this Terms of Use the interpretation according to the German meaning shall prevail.
The venue for all disputes arising from this Terms of Use shall be Frankfurt am Main, Germany.
Terms of Use
Merz Pharmaceuticals GmbH (“Merz“, “we“, ”us“), Eckenheimer Landstrasse 100, 60318 Frankfurt, Germany, operates the website www.merz-institute.com (the “Website”).These Terms of Use apply to your use of the Website.
1 Registration
1.1 Parts of the Website are reserved for healthcare professionals and require a prior registration (“Registered Users”).1.2 In order to register you must be a natural person with full legal capacity and a healthcare professional (medical practitioner/physician, dentist or pharmacist).
1.3 Registration or acceptance of registration does not affect any professional limitations that may be placed on a healthcare professional by legislation, rules and policies.
1.4 For the registration you are required to submit personal data, such as your name, date of birth, profession, discipline, registration number, practice address and email address (together the “Registration Data”). You are also required to choose a user name and password (together the “Log-in Information”).
1.5 Merz is entitled to request relevant proof (e.g. certificate of professional qualification, DocCheck authentication) that you are a healthcare professional.
1.6 All Registration Data must be complete and accurate. You are required to update your Registration Data if it changes.
1.7 We reserve the right to decline registration or activation in case of the suspicion of fraud or falsity of personal information. No right to registration and/or activation exists.
1.8 You will receive an email containing a link you are required to activate to confirm your registration. Only after successful confirmation of your registration you are able to access and use the parts of the Website that are reserved for Registered Users only (the “Registered Access”).
1.9 As soon as a precondition for becoming a Registered User (e.g. being a healthcare professional) no longer exists, you have to immediately notify us by sending an email to merz-institute@cocomore.com and your right to use the Access ceases automatically.
1.10 You may register only once. We reserve the right to close any additional accounts a Registered User may register on the Website.
1.11 With registration on this Website you agree that the payment is processed by the external provider “Payone”. Payone will not use your data for any other than the payment process. Payone and Merz have entered into a data processing agreement.
2 Using the Website and the Log-in Information
2.1 You are required to keep your Log-in Information secure at any time and must not share it with other third parties, in particular where legislation restricts access to product or professional information by lay persons. In the event you become aware of or reasonably suspect any breach of security, such as an unauthorised use of your Log-in Information by a third party, or of any loss, theft or disclosure of your Log-in Information, you must immediately notify us.2.2 Your Access is personal to you and you may not disclose, assign or otherwise transfer your Access and/or Log-in Information to any other person or entity.
2.3 You are responsible for all transactions made through your Access, irrespective of whether you act negligently or wilfully.
2.4 Registered Users may have access to shopping services offered by us through the Website (the "Shopping Services"). The purchase of products and items through the Shopping Services is subject to the Terms of Sale.
3 Use of your personal information
3.1 Your personal information, as collected on this website, will only be collected, used, destroyed, accessed, etc. (“processed”) within the context of the Website, Registered Access and this agreement except in the cases mentioned in our Terms of Use.4 Guidelines for using the Website and/or Registered Access
When using the Website and/or the Registered Access, all illegal, harmful or otherwise inappropriate conduct, including, but not limited to the following, is prohibited:- Providing any incorrect or false data when accessing and/or using the Website;
- Conducting in any fraudulent activities, in particular in connection with transactions through the Shopping Services;
- Sharing or making unauthorised copies of software, videos, documents, music, images and other content;
- Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable actions;
- Using unauthorised software designed to modify or otherwise inappropriately use the Website or any part of it;
- Gaining unauthorised access to any of our or third party service providers’ computers, hardware, equipment, servers or networks used to support the Website;
- Hosting, intercepting, emulating, reverse engineering any part of the Website or redirecting the communication protocols used as part of the Website, regardless of the method used to do so (unless explicitly permitted under applicable law);
- Posting, uploading or otherwise making available any content that infringes the rights of others, including any patent, trademark, trade secret, copyright, privacy rights, portrait rights or other intellectual property or proprietary rights;
- Using or propagating computer viruses, worms, Trojan horses, trap door programs or any other malware whatsoever.
5 Third-Party content
The Website may contain links to websites of Merz Group and/or of other third party entities or may offer access to third party content of Merz Group and/or of other third parties. We assume no liability in this respect.6 Limitation of liability
6.1 We are liable in accordance with statutory law (a) for damages arising as result of an injury to life, limb and/or health; (b) in case of intent; (c) in case of gross negligence; and/or (d) in case we are in breach of the requirements of the German Product Liability Act.6.2 Without limiting the liability under section 6.1 above, the following applies: We may only be liable for slight negligence in cases of a breach of a “material” contractual obligation hereunder. “Material” obligations in this sense are obligations that are necessary for the fulfilment of this agreement, the breach of which would jeopardize the purpose of the agreement and the compliance with which you may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases we shall not be liable for slight negligence.”
7 Termination of the Access
7.1 Registered Users can terminate their Access at any time by sending an email to content-support@merz-institute.com or sending a letter to Merz Pharmaceuticals GmbH, Global Medical Education and Training Aesthetics, Eckenheimer Landstrasse 100, 60318 Frankfurt Germany.7.2 We are entitled to terminate your Access by giving one month notice.
7.3 We may terminate your Access, at any time, without notice if you breach the terms of these Terms of Use. In case of minor breaches we will provide you with a prior warning outlining your non-compliance and give you an opportunity to remedy this. However, if your behaviour is unacceptable, we are is not required to provide you with such prior warning. Behaviour is considered unacceptable in particular in case of serious violations of sections 2.1, 2.2, 2.3, 2.4 and 3 of these Terms of Use.
7.4 The termination of your Access for any reason will prevent your use of parts of the Website that are reserved for Registered Users, including, but not limited to the Shopping Services, and will lead to a termination of any and all licenses granted in connection with your Access, including licenses you acquired through the Shopping Services.
8 Change of Terms of Use
A current version of these Terms of Use will always be available on the Website, identified at the top of the page by its effective date. We may change these Terms of Use at any time. In case of any changes, we will notify Registered Users by e-mail. If a Registered User does not object to these changes within four weeks after they have been notified to the Registered User, the changes will be deemed to be accepted by the Registered User. With the e-mail notification we will remind the Registered User that the changes will be deemed to be accepted if the Registered User does not object to these changes within four weeks after the notification. If the Registered User objects to the changes, we reserve the right to terminate the Access giving one month notice.9 Miscellaneous
This Terms of Use together with the Terms of Sale contain the entire understanding of the Parties with respect to the matters contained herein and therein.In the event of any provisions of this Terms of Use being or becoming ineffective or of any omission being discovered, the validity of the remaining provisions shall not thereby be affected.
In place of the ineffective provisions or for the purpose of rectifying the omission a reasonable arrangement shall operate being the nearest legally possible approach to that which the Parties hereto desired or would have desired in consideration of the spirit and object of this Terms of Use had they considered the point.
The Parties agree that in case of any inconsistencies or differences, regarding the interpretation of any term or wording in this Terms of Use the interpretation according to the German meaning shall prevail.
10 Applicable Law
This Terms of Use shall be governed by and construed in accordance with the laws of Germany excluding the UN Sales Convention on Contracts for the International Sale of Goods and without reference to conflict of laws principles.The venue for all disputes arising from this Terms of Use shall be Frankfurt am Main, Germany.
Version 1.1 - Effective Date: 03.05.2016 TERMS OF USE
Welcome to the Merz* Institute of Advanced Aesthetics website where Our Success is Your Success.
Merz is a specialty healthcare company that focuses on aesthetics and neurosciences. We offers online
resources, such as this website (“Website”) to deepen your knowledge of advanced, aesthetic medicine
and refresh your skills. We provide these Terms of Use and our Privacy Policy to outline our relationship
with you as you use our Website.
By using the Website, you agree to accept and abide by these Terms of Use and agree to the terms of
the Merz Privacy Policy, www.merzusa.com/privacy-policy/.
THESE TERMS OF USE ARE A CONTRACT BETWEEN YOU AND MERZ. THIS CONTRACT
GOVERNS YOUR USE OF THE WEBSTE AND ANY AND ALL PAGES, OPTIONS, AND SERVICES
ON THE WEBSITE. PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY. BY
ACCESSING, BROWSING, OR USING (“INTERACTING”) THE WEBSITE, 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 WEBSITE.
ANY USE OF THE WEBSITE 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, MERZ 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 WEBSITE.
REGISTRATION
- Parts of the Website are reserved for healthcare professionals (e.g., physician, nurse practitioner, physician assistant, dentist or pharmacist) in the United States, who are over 18 years-old, with full legal capacity. You must register in order to use the access-restricted portiones of the Website (“Registered Users”).
- Registration or acceptance of registration is not intended to, nor does it, alter or create any professional limitations mandated by local or national law or policy.
- In order to register, you must submit personal data, such as your name, date of birth, profession, discipline, registration number, practice address and email address (together the “Registration Data”). You are also required to choose a user name and password (together the “Log-in Information”). Merz, and its digital partner which hosts this Website, will store this Personal Data in order to allow you to continue to access this Website. You will find other, more specific, information about how we collect, use, store and delete your personal data and about your rights with respect to your personal data on our Privacy Policy
- Merz reserves the right to request relevant proof (e.g. certificate of professional qualification, DocCheck authentication) that you are a healthcare professional.
and accurate. You must update your
Registration Data if it changes. If you
need to update your Registration Data,
please email us at PIR@merz.com
- We expressly reserve the right to decline any user registration or activation if we reasonably suspect misuse or potential misuse of the Website.
- After you have registered, you will receive an email containing a link to activate to confirm your registration. Only after successful confirmation of your registration you are able to access and use the parts of the Website that are reserved for Registered Users only (the “Registered Access”).
- If you stop practicing as a healthcare professional for any reason, you are no longer authorized to use this Website and logging in will violate our Terms of Use.
- You may register only once. We reserve the right to close any multiple accounts set up by one user with registration on this Website.
- You understand and agree that any payments made via the Website are processed by Merz‘ external business partner, “Payone”. Payone may only process your personal data as specified by Merz and will not use your data for any other than the payment process.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
- Use the Website in any unlawful manner;
- Use the Website 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;
- Use the Website 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 Website.
- 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;
- Forge headers or otherwise manipulate identifiers in order to disguise any User Content displayed on or transmitted through the Website;
- Interfere with the Website, servers, or networks used in connection with the Website;
- Interfere with the ability of others to access or use the Website;
- Download, reproduce, duplicate, sell, resell, sub-license, distribute, publish or exploit for any commercial purposes any portion of the Website, 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 Website (“Website Content”) without Merz’s prior explicit permission, or any User Content contained on or transmitted through the Website without Merz’s prior explicit permission;
- Use the Website in a way that is unfair, unlawful, or constitutes a deceptive business practice;
- Use any robot, spider, or other automatic device to monitor or copy portions of the Website or the Site Content without Merz’s prior written permission;
- Include in any third-party website any hypertext link to any page or location within the Website without Merz’s prior written permission
- Mirror or display the Website, Website Content, or any portion thereof in frames without Merz’s prior written permission;
- 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 Website, or perform any other similar fraudulent activity, or express or imply that we endorse you, any image you produce, or any statement you make;
- Remove or alter proprietary notices, labels, copyright or other proprietary rights on or in the Website or Website Content;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or structure, sequence and organization of the Website or any part thereof, except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Otherwise use the Website in violation of any law, regulation, fiduciary relationship, or contract.
- Merz may disclose personal information and any Website 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.
- Merz reserves all rights not expressly granted in these Terms of Use. Merz may assign its ownership, control, or other rights to any party at any time without notice. Merz’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.
- Price and availability of products and services on the Website, and other features of the Website are subject to change without notice.
- The Website is owned and operated by Merz. The Website and all Website 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 Website Content is the property of Merz North America Inc. 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 Website 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 Merz North America Inc. and its affiliates and/or any third parties. Merz uses third-party trademarks, trade dress, word marks, service marks, and logos appearing in the Website only to identify and describe the products and services of their respective owners. Merz neither claims nor implies ownership in, affiliation with, sponsorship in, nor endorsement of any third-party marks or the owner of the mark.
Merz employed reasonable efforts to ensure that information on the Website is accurate, complete, and
current, however, MERZ DOES NOT GUARANTEE AND BEARS NO RESPONSIBILITY FOR THE
ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY, USEFULNESS, OR DECENCY OF
THE WEBSITE OR ANY WEBSITE 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 PIR@merz.com
- WE PROVIDE THE WEBSITE TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS, STATUTORY, OR IMPLIED WARRANTIES. MERZ 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. MERZ MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, FUNCTIONALITY, OR LEGALITY OF THE WEBSITE OR ANY WEBSITE CONTENT; AND MERZ DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- MERZ 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 MERZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY WEBSITE CONTENT. FURTHERMORE, MERZ 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 WEBSITE OR ANY WEBSITE CONTENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR ELECTRONIC DATA. YOU SPECIFICALLY AGREE THAT MERZ 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 WEBSITE BY ANY OTHER PARTY, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS ON OR THROUGH THE WEBSITE BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. IN NO EVENT WILL MERZ’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 WEBSITE, EXCEED $100.
- YOU EXPRESSLY AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. FURTHERMORE, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. ANY WEBSITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEBSITE 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 WEBSITE (IN ACCORDANCE WITH THESE TERMS OF USE) MERZ’S LIABILITY IS LIMITED TO THE GREATEST EXTENT EXCEPT AS PROHIBITED BY THE LAWS OF YOUR JURISDICTION.
- Merz reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Merz. You agree to cooperate with Merz’s defense of these claims. Merz 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 Merz, 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 Website, 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 Website, any User Content that you Transmit via the Website, 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 Website.
We expect users of the Website to respect each other’s rights. Please report any violations of these
Terms of Use to us at: PIR@merz.com
All notices, demands, or consents given by you to Merz under these Terms of Use must be in writing and
will be deemed given when delivered to Merz at: PIR@merz.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 Website.
- If you believe in good faith that any of the Website Content infringes your copyright, please provide Merz’s copyright agent the following written information:
a. an electronic or physical signature of the copyright owner or individual authorized to act
on behalf of the copyright owner;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the infringing material can be found on the Website;
d. your address, telephone number, and e-mail address;
e. 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
f. 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.
Merz’s copyright agent for notice of claims of copyright infringement can be reached at:
ATTN: General Counsel
Merz North America, Inc.
6501 Six Forks Rd.
Raleigh, North Carolina 27615
(800) 334-0514
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 North Carolina, without regard to conflicts of law principles. If a North Carolina court finds any condition of the Terms of Use to be invalid, you and Merz 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 Merz, its officers, agents, co-branders or other partners and employees, arising out of or related to use of the Website 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 Website or these Terms of Use shall occur in the state and federal courts in Guilford County, North Carolina, U.S.A., and you agree to submit to these Courts with regard to any dispute relating to use of the Website 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 Website, 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.
Merz invites your comments, questions, suggestions and ideas relating to the Website. You may direct
communications to: PIR@merz.com
Please understand that Merz 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 Merz
using the information for any legal purpose and without compensation to anyone.