Last updated: January 26, 2017
IMPORTANT: PLEASE READ CAREFULLY BEFORE PROCEEDING. THESE TERMS OF SERVICE INCLUDE AN ARBITRATION PROVISION UNDER THE HEADING “ARBITRATION AND GOVERNING LAW.” If you have comments or questions about this web site, please send an email to firstname.lastname@example.org.
Acceptance of Terms:
All information contained on the LEADING EDGE Website, including information relating to skin conditions, products and treatments, is for informational purposes only. This information is not meant to be a substitute for the advice provided by your own physician or other medical professionals, or any information contained on or in any product packaging or labels. You represent and warrant that you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract.
YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE LEADING EDGE WEBSITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE LEADING EDGE WEBSITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN THIS, OR ANY OTHER, WEBSITE.
PLEASE BE ADVISED THAT ALTHOUGH LEADING EDGE PHARMS ARE REGISTERED WITH THE US FOOD AND DRUG ADMINISTRATION (FDA), THEY MAY NOT HAVE BEEN EVALUATED BY THE FDA.
Limited to the United States:
The information on this LEADING EDGE Web site pertaining to LEADING EDGE’s products is intended for use only by customers, patients, and health care professionals in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and medical practices, information designed to be used in one country may not be appropriate for use outside that country. Therefore, product information on this LEADING EDGE Web site may not be appropriate for residents of countries other than the United States.
LEADING EDGE® is a registered trademark of LEADING EDGE. LENCURA™ is a trademark of LEADING EDGE. Other LEADING EDGE brands sold on the LEADING EDGE Website are also protected under US trademark law. The aforementioned and other marks, logos, trade dress and the like indicated on or used on the LEADING EDGE Website are owned by or licensed to LEADING EDGE any product or service that is not LEADING EDGE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LEADING EDGE. You may not use any LEADING EDGE logo, label, or other proprietary graphic or trademark contained on the LEADING EDGE Website without the express written permission of LEADING EDGE.
License and Access to LEADING EDGE Website:
LEADING EDGE grants you a limited license to access and make personal use of the LEADING EDGE Website. You may not download (other than for page caching) or modify the LEADING EDGE Website, or any portion of it, except with the express written consent of LEADING EDGE. This limited license specifically excludes the following: (a) any resale or commercial use of the LEADING EDGE Website or its Content; (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of the LEADING EDGE Website or the Content; (d) any downloading or copying of account information for the benefit of another merchant; or (e) any use of data mining, robots, or similar data gathering and extraction tools. The LEADING EDGE Website, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of LEADING EDGE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of LEADING EDGE and our affiliates without the express written consent of LEADING EDGE. You may not use any meta tags or any other “hidden text” utilizing LEADING EDGE’s name or trademarks without the express written consent of LEADING EDGE. Any unauthorized use of the LEADING EDGE Website will result in immediate termination of this limited license granted by LEADING EDGE. You are granted a limited, revocable, temporary, and nonexclusive right to create a hyperlink to the home page of the LEADING EDGE Website so long as the link does not portray LEADING EDGE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational, and non-commercial use, and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
LEADING EDGE attempts to maintain the descriptions for all Products, skin conditions and Services as current and accurate as possible. LEADING EDGE does not warrant, however, that such descriptions or other content of the LEADING EDGE Website are or will be accurate, complete, current, reliable, or error-free
You may submit product testimonials, comments, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Unless otherwise provided by LEADING EDGE, you grant LEADING EDGE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, sell, create derivative works from, and display throughout the world in any media any such content submitted by you for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. You further grant LEADING EDGE and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LEADING EDGE or its affiliates for all claims resulting from content you supply. LEADING EDGE has the right but not the obligation to monitor and edit or remove any activity or content. LEADING EDGE takes no responsibility and assumes no liability for any content posted by you or any third party.
Links to Third Party Websites:
The LEADING EDGE Website may contain links to other websites, directories, or services (“Linked Services”). These features are provided by LEADING EDGE only as a convenience. The Linked Services are not reviewed, controlled or examined by LEADING EDGE in any way and you acknowledge and agree that LEADING EDGE has no control over and is not responsible or liable for (i) the availability or accuracy of the Linked Services; (ii) the content, advertising, or products on or available from the Linked Services; or (iii) any damage arising from or occasioned by the creation or use of the Linked Services or the information or material accessed through the Linked Services. The inclusion of any link on the LEADING EDGE Website does not imply and should not be inferred as an endorsement of the Linked Services. You acknowledge that your use of the links and the Linked Services shall be at your own risk.
Warranties and Disclaimers:
THE LEADING EDGE WEBSITE IS PROVIDED BY LEADING EDGE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LEADING EDGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LEADING EDGE Website OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR AVAILABLE ON OR THROUGH THE LEADING EDGE Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LEADING EDGE Website IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEADING EDGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, LEADING EDGE MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE LEADING EDGE Website, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SUCH PRODUCT OR SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE LEADING EDGE Website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEADING EDGE OR THROUGH THE LEADING EDGE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LEADING EDGE MAKES NO WARRANTY THAT THE LEADING EDGE Website WILL MEET YOUR REQUIREMENTS, THAT THE LEADING EDGE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE LEADING EDGE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
Limitation of Liability:
LEADING EDGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE LEADING EDGE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, EVEN IF LEADING EDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations:
YOUR RIGHTS MAY VARY DEPENDING UPON THE JURISDICTION IN WHICH YOU LIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE EXCLUSIONS IN THE ABOVE SECTIONS MAY NOT APPLY TO YOU. TO THE EXTENT LEADING EDGE MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
Arbitration and Governing Law:
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to LEADING EDGE at 170 S Green Valley Parkway, Suite 300, Henderson, NV 89012. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claim is without merit. LEADING EDGE will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claim is frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the State of Rhode Island or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
LEADING EDGE Severability:
If the application of any provision hereof or any portion thereof to either you or LEADING EDGE, shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, then (i) such provision shall be reformed without further action by either you or LEADING EDGE to the extent strictly necessary to render such provision valid and enforceable when applied to you, LEADING EDGE, or the particular facts or circumstances; and (ii) the validity and enforceability of such provision as applied to the other party or the particular facts or circumstances, and the validity and enforceability of all of the other provisions hereof, shall remain in full force and effect.
Neither you nor LEADING EDGE shall be deemed by any act, delay, or omission to have waived any of your/its respective rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and only to the extent specifically set forth in said writing. A waiver, failure or delay in exercising any right, power or privilege, or any single or partial exercise of any right, power or privilege, will not act to preclude any subsequent or further exercise of that or any other right, power or privilege.