Terms of Use

Acceptance of these Terms of Use

Welcome to the website of AP Medesthetics, Inc. (“Company”, “we” or “us”). The following terms and conditions (together with any documents referred to in them) (“Terms of Use”) apply to your use of www.veingogh.com, including any content, functionality and services offered therein (collectively, this “Website”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use this Website. By using this Website (or by clicking to accept or agree to these Terms of Use when this option is made available to you), you accept and agree to abide by these Terms of Use, in their entirety. If you do not agree to these Terms of Use, you must exit this Website.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes, as they are binding on you. All material changes will apply prospectively only. Your continued use of this Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing this Website and Account Security

To use this Website, you represent and warrant that you are at least thirteen (13) years of age.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on this Website in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to this Website. You are responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms of Use, and that they comply with them.

To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current and complete.

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any third party. You agree to immediately notify the Company of any unauthorized use of your user name or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, for any reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

Intellectual Property Rights

The entire contents of this Website (including, without limitation, all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by the Company or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans, including without limitation Vein-Gogh® and Bristle®, are trademarks of the Company or its affiliates or licensors. You must not use those marks without the prior written permission of the Company and you agree not to take any action inconsistent with the Company’s exclusive ownership of those marks. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.


Disclaimer of Warranties

We cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or any services or items obtained through this website or to your downloading of any material posted on it, or on any website linked to it.

your use of this website, its content and any services or items obtained through this website is at your own risk. this website, its content and any services or items obtained through this website are provided on a “where is/as is” and “as available” basis, without any warranties of any kind, either express or implied. neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of this website. without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that this website, its content or any services or items obtained through this website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that this website or any services or items obtained through this website will otherwise meet your needs or expectations.

the company disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.

the foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

limitation on liability.

in no event will the company, its affiliates and its licensors, service providers, owners, officers, directors, managers, employees or agents, be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, this website, any websites linked to it, any content on this website or those other websites or any services or items obtained through this website or those other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if the likelihood of those damages was known to or foreseeable by the company.

the foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective owners, officers, directors, managers, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of this Website, including, without limitation, any use of this Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Website.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the state of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the state of Massachusetts or any other jurisdiction).

You consent to the exclusive jurisdiction of the state courts located in Middlesex County, Massachusetts and the federal courts of the District of Massachusetts. You agree to waive any and all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.

Limitation on Time to File Claims

any cause of action or claim you may have arising out of or relating to these terms of use or this website must be commenced within one (1) year after the cause of action accrues, otherwise, that cause of action or claim shall be deemed to be permanently barred. this provision is intended to shorten any statute of limitations that might otherwise apply to any cause of action or claim you may have.

Waiver and Severability

No waiver of these Terms of Use, or any part thereof, by the Company shall be deemed a further or continuing waiver of those terms or conditions or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of that right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect and match most closely the Company’s intent.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to this Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this Website.

Permitted Uses

You may use this Website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our site without the prior written consent of the Company, except to:

• Store copies of those materials temporarily in RAM.

• Store files that are automatically cached by your Web browser for display enhancement purposes.

• Print one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses.

You must not:

• Modify the paper or digital copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark and other proprietary notices appearing on materials from this Website.

• Reproduce, sell or exploit, for any commercial purposes, any part of this Website.

If you wish to make any use of material on this Website other than that set out above, please address your request to: admin@veingogh.com

If you print, copy, modify, download or otherwise use any part of this Website in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Website or any content on the site are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Reliance on Information Posted

The information presented on or through this Website is made available solely for informational purposes without any warranty (express or implied) of any kind. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on that information by you or any other visitor to this Website, or by anyone who may be informed of any of its contents.

Not Medical Advice

You acknowledge that the information on this Website is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.

Changes to this Website

We may update this Website from time to time, but its content is not necessarily complete or up-to-date. We may change this Website at any time with or without notice. We may suspend access to this Website, or close it indefinitely. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update that material.

Information about You and Your Visits to this Website

We collect and use information about you in accordance with our Privacy Policy http://www.veingogh.org/Privacy-Policy_veingogh.pdf. By using this Website, you consent to that collection and use and you represent and warrant that all data provided by you is accurate.

Linking to this Website

You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked “VeinGogh®XP Ohmic Thermolysis System” (b) the link must “point” to the URL “https://www.veingogh.com” and not to other pages within this Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Company’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than the Company is associated with or sponsored by the Company, (e) the link, when activated by a user, must display this Website full-screen and not within a “frame” on the linked website.

The Company reserves the right to revoke its consent to any link at any time at its sole discretion by amending these Terms of Use. You agree that any other hypertext links to this Website must be approved in writing by the Company.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.

Links from this Website

If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.

Geographic Restrictions

The owner of this Website is based in the state of Massachusetts in the United States of America. This Website may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of the laws of Massachusetts, by accessing this Website you agree that the statutes and laws of Massachusetts, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website. Use of this Website is prohibited in any jurisdiction that does not give effect to all provisions of these Terms of Use. We make no claims that this Website or any of its content is accessible or appropriate outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.

Your Comments and Concerns

If you do not understand any of the foregoing Terms of Use or if you have any additional questions or comments, please contact: info@veingogh.com

Thank you for visiting this Website.

Last Modified: May 30, 2014