Terms and Conditions
Terms and Conditions of Use
Read These Terms and Conditions of Use Before Accessing Website.
Effective Date: May 28, 2020
This Terms and Conditions of Use sets forth the entire agreement between you and Evolus, Inc., and its subsidiaries, and affiliates (collectively, “Evolus”), relating to the information on, and your use of, the website on which these Terms and Conditions of Use are posted (“Website”). By using our Website you (the “User”) are acknowledging your consent and therefore agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you should immediately cease all usage of our Website. We reserve the right, at any time, to modify, alter, or update the Terms and Conditions of Use without prior notice. Modifications shall become effective immediately upon being posted at: http://www.evolus.com/terms-and-conditions/ Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Terms and Conditions of Use, the Privacy Policy (located at https://www.evolus.com/privacy-policy/ and which is part of these Terms and Conditions of Use) and any modifications.
1. No Medical Advice; Product Information
Evolus is not a healthcare provider. It does not render medical advice or services, and the information on our Website should never be used as a substitute for the advice provided by your physician or other healthcare provider, if you are not a healthcare provider, or your own independent medical judgment if you are a healthcare provider. You should not use this information to diagnose or treat a disease or health problem. You should instead always consult your physician or other healthcare provider for such medical advice or services, as applicable. The medical information and other content provided on the Website is intended for general educational purposes only and is not intended as a substitute for professional medical advice, diagnosis or treatment.
In view of the possibility of human error or changes in medical knowledge, neither Evolus, nor other parties involved in providing the Website or any other service or publication of Evolus warrant that the information contained therein is in every respect accurate or complete and they are not responsible or liable for any errors or omissions that may be found in such information or for the results obtained from the use of such information. You are encouraged to consult other sources and confirm the information contained herein or in any other service or publication of Evolus.
2. Website Not Intended for Children
This Website is not intended for children under the age of eighteen (18). We will not knowingly collect information from Website visitors under the age of eighteen (18).
3. Disclaimer of Warranties
OUR WEBSITES ARE PROVIDED BY EVOLUS ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVOLUS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT, OR OTHERWISE, REGARDING THE USE OR THE RESULTS OF THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. EVOLUS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. EVOLUS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE SOME OF THE ABOVE-REFERENCED LIMITATIONS MAY NOT APPLY TO YOU. EVOLUS HAS NOT REVIEWED THE THIRD-PARTY WEBSITES THAT MAY BE LINKED TO ANY OF OUR WEBSITES AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY THIRD-PARTY WEBSITES LINKED TO ANY OF OUR WEBSITES. EVOLUS DOES NOT WARRANT THAT OUR WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM ERRORS OF ANY SORT OR FREE FROM COMPUTER VIRUSES.
EVOLUS ALSO DISCLAIMS RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE RELATING TO OUR WEBSITES WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF ANY OF OUR THIRD-PARTY VENDORS, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITES’ RECORDS, PROGRAMS OR SERVICES. If any of the above exclusions of warranties is unenforceable in your jurisdiction, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction’s law.
4. Limitation of Liability
EVOLUS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR EVOLUS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO OUR WEBSITES, THE INABILITY TO USE OUR WEBSITES AND/OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF EVOLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EVOLUS’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Indemnification
USER AGREES TO INDEMNIFY AND HOLD EVOLUS, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY LOSSES, DAMAGES, CLAIMS, ACTIONS, EXPENSES OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY, INCLUDING PERSONAL INJURY OR DEATH, REGARDLESS OF WHETHER THEY ARISE OUT OF OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION, NEGLIGENT OR OTHERWISE, OF EVOLUS, DUE TO OR ARISING OUT OF: (I) USER’S USE OF ANY OF OUR WEBSITES, OR ANY CONTRACTS ENTERED INTO OR SERVICES OR PRODUCTS OFFERED, SOLD OR PURCHASED AS A RESULT OF ANY CONTACT INITIATED ON OR THROUGH OUR WEBSITES, (II) USER’S THE VIOLATION OF THESE TERMS AND CONDITIONS OF USE, INCLUDING ANY ABUSIVE OR UNLAWFUL BEHAVIOR ON THE PART OF USER OR USER’S DEPENDENTS, OR (III) INFRINGEMENT BY USER, OR OTHER USER USING USER’S COMPUTER, OF ANY INTELLECTUAL PROPERTY, OR ANY OTHER PRIVACY OR OTHER RIGHT OF ANY PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL APPLY TO THIRD-PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS OF USE.
6. POSSIBLE ERRORS AND CHANGES
THE INFORMATION ON OUR WEBSITES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. EVOLUS RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION ON ANY OF OUR WEBSITES AT ANY TIME WITHOUT PRIOR NOTICE. EVOLUS ALSO RESERVES THE RIGHT TO WITHDRAW ANY OF OUR WEBSITES OR ANY INFORMATION CONTAINED ON OUR WEBSITES FROM THE INTERNET AT ANY TIME WITHOUT PRIOR NOTICE. ANYONE USING ANY OF OUR WEBSITES OR THE INFORMATION THEY CONTAIN ASSUMES FULL RESPONSIBILITY OF ANY AND ALL RISKS ARISING FROM OR RELATED TO THE USE OF SUCH WEBSITES OR THE INFORMATION THEY CONTAIN.
7. Visitor Submissions to a Website
If any visitor of our Website makes any voluntary submission (such as questions, comments, or suggestions) to Evolus, whether oral, written, or electronic, no confidential relationship shall be established between the visitor and Evolus. The visitor’s submission, and any information submitted with it, shall be considered non-confidential and shall be considered the sole and exclusive property of Evolus. You agree that such submission constitutes a “work for hire,” under U.S. copyright law. You agree to assign all rights in and to your submission to Evolus. Evolus shall have no obligation of any kind (such as compensation) with respect to the submission or any materials that accompany it. Evolus shall be free to use or transmit to others any ideas, concepts, information, or techniques contained in the visitor’s submission and accompanying materials for any purpose whatsoever, including but not limited to research, development, manufacture, use, or sale of any products or ingredients incorporating or relying on such information.
Note: A visitor’s personal information is treated in accordance with our online Privacy Policy.
8. Modifications and Interruption to Service
Evolus reserves the right to modify or discontinue the Service with or without notice to the User. Evolus shall not be liable to User or any third party should Evolus exercise its right to modify or discontinue the Service. User acknowledges and accepts that Evolus does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
Our Websites may include links to other sites on the Internet that are owned and operated by online companies, agencies and other third parties. These links are provided as a convenience to visitors and do not constitute an affiliation with such third-party sources or third parties. They are not an endorsement, sponsorship, or recommendation by Evolus of, or make us responsible for: (i) the third parties, (ii) the linked third-party sources, or (iii) any content, services, or products available on or through such third-party sources. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of these third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
Evolus, Inc. makes no warranties or representations whatsoever with regard to any product or service provided or offered by any company, and you acknowledge that any reliance on representations and warranties provided by any company shall be at your own risk.
10. Present or Future Employment with Evolus
Should you become employed with Evolus, none of the information or materials on any of our Website shall constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on any of our Website shall affect the employment relationships between Evolus and its current, former, or future employees.
11. Governing Jurisdiction and Choice of Law
Please note that if and when they are available or become available, the products and services referred to on any of our Website are, or will be, available in the United States. They may not be available in other countries. The information provided on our Website is intended for use only by persons in the United States. Evolus makes no representations that the information on our Website is appropriate for visitors in countries other than the United States. Nothing herein should be considered a solicitation or promotion of any product that is not permitted by the laws or regulations of the country where a visitor of our Website resides.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of California, and such laws will govern these Terms and Conditions of Use, without giving effect to any choice of law rules. You agree to the jurisdiction and venue for any legal proceeding directly or indirectly arising out of or relating to our Website shall be in the state or federal courts located in the State of California.
12. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. Copyright and Trademark Information
All content included or available on our Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2017 (www.Evolus.com), with all rights reserved, or is the property of Evolus and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Evolus is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Evolus.
All trademarks displayed on our Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those companies. In addition, such use of trademarks or links to the Website of companies is not intended to imply, directly or indirectly, that those companies endorse or have any affiliation with Evolus.
14. Notification of Claimed Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright or moral rights infringement, please provide Evolus with
the following information. Please be advised that to be effective, notification
must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed, or in respect of which you claim your moral rights have been infringed;
- a description of where the material that you claim is infringing is located, including the address of the Website where this material is located;
- your address, telephone number, and e-mail address and all other information reasonably sufficient to permit us to contact you;
- 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
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Evolus, Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Evolus, Inc.
520 Newport Center Dr., Suite 1200
Newport Beach, CA 92660
Attn: Legal
By Email:
copyrights@evolus.com
15. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful,
void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms and Conditions of Use and any other agreements referenced herein may be assigned by Evolus in our sole discretion, to a third party in the event of a merger or acquisition. This Terms and Conditions of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms and Conditions of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. Evolus reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations as set forth in this Website.
