Terms of Use

Please read the following legal notices and information carefully before using this site. Through use of this site, you acknowledge that you have read and understood and agree to be bound by these terms and conditions (the "Agreement"). If you do not accept this Agreement, please exit this site immediately. Palomar Medical Technologies, Inc. ("Palomar") doing business as palovia.com reserves the right to revise this Agreement at anytime and without prior notice by updating this posting. You should visit this page from time to time to review the then-current Agreement because your continued use of this site acknowledges your acceptance of the Agreement posted as of the date of your use. Palomar also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of palovia.com, which may be posted in the relevant parts of palovia.com, and will be clearly identified. Your continued use of palovia.com constitutes your agreement to comply with these additional rules. In the case of any violation of this Agreement, Palomar reserves the right to seek all remedies available by law and in equity for such violations.

Palomar reserves the right without notice, at any time and for any reason, to terminate palovia.com or any portion thereof or any products or services offered through palovia.com.

Privacy and Security Statement

In addition to reviewing this Agreement, you should also read our Privacy and Security Statement to better understand how we collect and use your personal information. Your use of this site constitutes your agreement to its terms and conditions.

Ownership of the Site and Information

palovia.com is expressly owned and operated by Palomar. Unless otherwise noted, the design and content features on palovia.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Information"), are owned by Palomar or its affiliates or are licensed from third-party service providers by Palomar. The site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.

Information is Provided "As Is"

Information is provided "as is" with all faults. You agree that your use of the Information, as authorized herein, is at your own risk. Information may contain errors, omissions or typographical errors or may be out of date. Palomar may change, delete or update any Information at any time and without prior notice.

Use of the Service by You

You may view and use the Information only for your personal information and for shopping and ordering on palovia.com. Except as set forth in this Agreement, palovia.com does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Information. Your right to use of the site and the services is personal to you – you may not authorize others to use the site and the services, and you are responsible for all use of the site and the services by you and by those you allow to use, or provide access to, the site and the services. You agree to use the site and the services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

Suspension or Termination of Your Use

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Palomar’s other remedies. Palomar further reserves the right to terminate, without notice, any user's access to or use of palovia.com for any reason.

Non-Commercial Use Only

palovia.com is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the services, the Information or the site for any purpose. You agree not to make unauthorized use of Information by publication, re-transmission, distribution, performance, caching or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Palomar. Illegal and/or unauthorized uses of the site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Eligibility to Use this Site

The site is not intended for users under the age of 18. To use palovia.com, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use palovia.com in conjunction with your parents or guardians. Palomar does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to Palomar. If a child under 13 submits information through any part of palovia.com, and Palomar becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

Registration with palovia.com

You will need to provide us with certain information, including your name, address, phone number and email address, to open an account with us. We may assist you in creating a user ID and a password to protect your account information.

Shopping Cart Orders

At this time, when you request to purchase items in your shopping cart, we will forward your request and certain account information to an e-commerce service provider for processing. The sales transaction will occur and be consummated on the service provider's site and not on palovia.com.

Unacceptable Content

Palomar may make certain services available to registered users and facilitate such users' ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials ("Content"), to public areas and/or private portions of palovia.com, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of palovia.com, you agree not to post any unacceptable Content ("Unacceptable Content"). Unacceptable Content includes, but is not limited to, Content that is:

  • Is lewd, profane, obscene or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
  • Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
  • Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy;
  • Offers or disseminates any fraudulent goods, services, schemes or promotions, including any "make money fast" schemes or pyramid schemes;
  • Is libelous, defamatory, or knowingly false or misrepresents another person;
  • Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
  • Promotes an illegal or unauthorized copy of another person's copyrighted work, or infringes upon the intellectual property rights of any third-party, including the copyrights, trademarks, trade names, trade secrets or patents of such third-party, or is posted without the express permission of the owner(s) of such rights;
  • Includes any material that is encrypted or that involves the transmission of "junk mail," unsolicited mass mailing or spamming, or unauthorized advertising;
  • Is harmful to Palomar or any other party's systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
  • Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third-party; and
  • Consists of any other Content that Palomar in its sole discretion deems to be Unacceptable Content.

Use of Content Supplied by You

For information regarding use of personal information you provide or communicate to Palomar, please see our Privacy and Security Statement. By posting Content or engaging in any other form of communication through palovia.com, you grant Palomar, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content or communication and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.

Content Posted by Users is Not Endorsed by Palomar

Palomar does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on palovia.com. Any Content placed on palovia.com, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Palomar or its third-party service providers. Palomar reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on palovia.com, in its sole discretion, without notice. You agree that Palomar and its third-party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to palovia.com by others, including Unacceptable Content that violates this Agreement.

Links to Third-Party Websites

This site may be linked to other websites that are not under the control of Palomar. Palomar is not responsible for the content of those sites. Palomar is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Palomar of those sites. If you decide to access any such third-party website, you do so entirely at our own risk.

Indemnification

You agree to indemnify Palomar and its affiliates, employees, agents, representatives and third-party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your Content submissions, from your unauthorized use of the services or Information obtained through palovia.com, or from your breach of this Agreement.

Disclaimer

While Palomar attempts to provide accurate information, this site may contain inaccuracies or typographical errors and Palomar assumes no responsibility for its accuracy. In addition, this site may include viruses that may infect your computer equipment and Palomar assumes no responsibility for any damages that may result from such viruses. Information may be modified or updated from time to time without notice. However, Palomar disclaims any obligation or duty to update any information contained in this site.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PALOMAR, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. PALOMAR, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF PALOVIA.COM.

Limitation of Liability

PALOMAR, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH PALOVIA.COM, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD-PARTY SITES LINKED TO PALOVIA.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE PALOMAR, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

The Security of palovia.com

We maintain physical, electronic and procedural safeguards and personnel policies that are designed to guard our data systems and our customers' personal information, and we work with trusted service providers to host palovia.com and process your personal information, who agree to abide by the rules of our Privacy and Security Statement. This site has security measures in place to protect the loss, misuse and alteration of the information under our control. For example, for the security of your online visit to palovia.com, we, through our authorized host provider, process orders with a SSL Secure Commerce Server and may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Palomar cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Should we become aware of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with palovia.com.

Electronic Communications

When you visit palovia.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on palovia.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Applicable Law and Jurisdiction

This site is created and controlled by Palomar in the Commonwealth of Massachusetts, USA. As such, you agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Middlesex County, Massachusetts. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

palovia.com is for Use in the United States

palovia.com is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of palovia.com, by visiting our website, using its services and/or providing us with any information, you agree to comply with all federal and state U.S. laws governing the site, its services, online conduct and acceptable information. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

Compliance with Applicable Laws and Export Control Laws

Use of this site is governed by all applicable federal, state and local laws. All information available on this site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. No content from this site may be downloaded or otherwise exported in violation of any law. Palomar makes no representation that the material contained in this site is appropriate or available in locations outside the U.S.

All Palomar products and publications are commercial in nature. Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-19.

General

Mention of non-Palomar products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Copyright

Unless otherwise indicated, information and content contained in this site is Copyright © 2010 Palomar Medical Technologies, Inc. All Rights Reserved.

All content on this site, including text, graphics, logos, icons, images, audio clips and software, is the property of Palomar or its content suppliers and is protected by U.S. and international copyright laws and treaty provisions. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Palomar and is protected by U.S. and international copyright laws and treaty provisions. All software used on this site is the property of Palomar or its software suppliers and protected by U.S. and international copyright laws and treaty provisions.

Except as specifically stated, none of the material on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without Palomar's prior written permission. You also may not, without Palomar's prior written permission, "mirror" any material contained on this site. You are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes. Permission is only granted for you to make a single copy of documents published by Palomar on this site solely for informational and non-commercial use within your organization; provided that you keep intact all copyright and other proprietary notices. No other use of the information or content provided on this site is authorized.

Copyright Complaints

Palomar respects the intellectual property of others, and we ask our users to do the same. Palomar may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on palovia.com in a way that constitutes copyright infringement, or that palovia.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Palomar in writing by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512, to Palomar’s address set forth below, to the attention of "General Counsel."

Patent

This site contains references to and descriptions of technology for which Palomar has filed for patent protection, including both methods and apparatuses. You are not granted any license to or right in any such technology or any pending patent applications or issued patents in the U.S. or any other country.

Trademark Notice

PaloVia, Palomar, Skin Renewing Laser and Proven by dermatologists. Perfected for you., and palovia.com are all registered trademarks of Palomar Medical Technologies, Inc. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.

Palomar Medical Technologies, Inc.
15 Network Drive
Burlington, MA 01803

WITH THE EXCEPTION OF THE LIMITED RIGHTS PROVIDED ABOVE, YOU ARE NOT GRANTED ANY LICENSE OR RIGHT IN CONNECTION WITH THIS WEBSITE, INCLUDING ANY LICENSE TO OR RIGHT IN ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, TECHNOLOGY, PRODUCT, PROCESS OR ANY OTHER PROPRIETARY RIGHT.