Terms of Use

These terms and conditions (the "Terms of Use") are a contract between you and Merz Aesthetics, Inc. ("Merz Aesthetics"), a company with a principle place of business at 1875 South Grant, Suite 200, San Mateo, CA 94402 USA with respect to your use of www.Xeominaesthetic.com, www.Radiesse.com, www.Radiesse-voice.com, www.Radiesse-fl.com, www.Belotero.com, www.Asclera.com and www.MerzAesthetics.com (collectively, with any successor websites, the "Websites"). By using the Websites and any services accessible from the Websites, you are agreeing to be bound by the Terms of Use. If you do not agree to these Terms of Use, do not visit or use the Websites. Visitors to the Websites are, collectively, referred to herein as "Users" or "you."

Users

Merz Aesthetics does not intend the Websites to be used by a person under the age of 18. By using the Websites, you represent that you are at least 18 years of age.

Merz Aesthetics does not intend the Websites to be used by persons residing outside of the United States of America and makes no representation that the Websites or any Materials (as defined herein) are appropriate or available for use in locations outside of the United States. By using the Websites, you represent that you are a resident of the United States.

Ownership of Content

The Websites are owned and operated by Merz Aesthetics. The visual interfaces, graphics, design, compilation, information, content, features, computer code (including source code or object code), products, software, services, and all other elements of the Websites (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Websites are the property of Merz Aesthetics, its affiliates, or its third-party licensors. All trademarks, logos, and service marks displayed on the Websites, whether registered or unregistered, are owned exclusively by Merz Aesthetics, its affiliates, or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, will be construed as granting you any license or right in or to any trademark, logo, or service mark. Merz Aesthetics reserves all rights not expressly granted in these Terms of Use.

Use of Content

Merz Aesthetics hereby grants you a nontransferable, nonexclusive license to use the Websites and Materials contained on the Websites solely for your own personal, non-commercial use and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you will not otherwise use, reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications.

No Medical Advice

Your use of the Websites and the Materials contained therein is at your own risk. By using the Websites, you acknowledge that Merz Aesthetics is providing the Materials for informational purposes only, and that neither Merz Aesthetics nor its licensors are providing the Materials to you for the purpose of giving you medical advice. You should not rely on the Materials in the Websites when choosing a treatment plan or evaluating any other medical advice regarding any disease or medical condition. Merz Aesthetics and its licensors strongly urge you to consult with a physician in connection with any and all treatment options that may be available to you and independently verify any treatment information on which you intend to rely.

Privacy

Any use of the Websites is governed by our Privacy Notice, which is incorporated into these Terms of Use by this reference. Your use of the Websites constitutes your confirmation that you have read and accept the Privacy Notice.

Modification of these Terms of Use; Termination

Merz Aesthetics reserves the right, at our discretion, to change, modify, add to, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Websites after the posting of changes constitutes your binding acceptance of such changes. Merz Aesthetics reserves the right to limit, suspend, or terminate your access and use of the Websites at any time without notice.

Prohibited Conduct

As a condition to your use of the Websites, you agree not to:

use the Websites for any purposes other than to access Materials;
rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the Materials or any licenses granted herein;
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 Websites, or perform any other similar fraudulent activity;
delete the copyright or other notices of proprietary rights on the Websites or Materials;
use the Websites or Materials for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws and regulations governing intellectual property and other proprietary rights, and data protection and privacy;
use the Websites or Materials if you are under the age of 18 years old;
use the Websites or Materials if you are not a resident of the United States of America;
remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Websites;
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Websites or any part thereof;
modify, adapt, translate, or create derivative works based upon the Websites or any Materials; or
intentionally interfere with or damage operation of the Websites or use of the Materials, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

Third-Party Sites, Products and Services; Links.

The Websites may include links or references to other external websites or services solely as a convenience to Users ("Reference Sites"). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Merz Aesthetics has no control. Merz Aesthetics does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and Merz Aesthetics makes no warranties, express, statutory, or implied, with respect to the Reference Sites. You acknowledge and agree that Merz Aesthetics will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.

Disclaimer of Warranties

The Websites and Materials are provided to you on an "AS IS" basis. MERZ AESTHETICS DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY, OR IMPLIED WITH RESPECT TO THE WEBSITES OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability and Damages

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MERZ AESTHETICS HEREBY DISCLAIMS, AND IN NO EVENT WILL MERZ AESTHETICS OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE WEBSITES OR MATERIALS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ACCESS TO OR USE OF THE WEBSITES OR MATERIALS, INCLUDING LOSS OF DATA OR EQUIPMENT, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF MERZ AESTHETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MERZ AESTHETICS' TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, OR CAUSES OF ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITES AND MATERIALS EXCEED ONE HUNDRED DOLLARS.

Indemnification

You agree to indemnify and hold harmless Merz Aesthetics, its affiliates, service providers, employees, agents, licensors, and partners from any claims, losses, damages, liabilities, and costs including legal fees and expenses, arising out of your use or misuse of the Websites and Materials, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Merz Aesthetics reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Merz Aesthetics, and you agree to cooperate with Merz Aesthetics' defense of these claims. Merz Aesthetics will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Forward-Looking Statements

The Websites and Materials may contain forward-looking statements. These statements relate to future events or the future performance of Merz Aesthetics. We have attempted to identify these statements by terminology including "anticipate," "believe," "can," "continue," "could," "estimate," "expect," "intend," "may," "plan," "potential," "predict," "should," or "will" or the negative of these terms or other comparable terminology. These statements are only predictions and involve known and unknown risks, uncertainties, and other factors. The information provided on the Websites and in the Materials covers certain risks, uncertainties, and possible inaccurate assumptions that could cause actual results to differ materially from the expected and historical results. Merz Aesthetics does not undertake any obligation to correct or update any forward-looking statements on the Websites or in the Materials.

Merz Aesthetics reserves the right to modify, in part or in whole, or temporarily or permanently discontinue or remove any Material from these Websites at any time without notice to you, and without any liability to you.

Miscellaneous

These Terms of Use constitute the entire agreement between you and Merz Aesthetics and govern your use of the Websites and Materials, superseding any prior agreements between you and Merz Aesthetics (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by Merz Aesthetics. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The failure of Merz Aesthetics to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use will 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 Aesthetics and its affiliates, service providers, employees, agents, licensors, and partners, arising out of or related to use of the Websites or Materials or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Privacy Notice

Merz Aesthetics, Inc. ("Merz Aesthetics") values your privacy and the privacy of our other customers and visitors to our websites, including www.Xeominaesthetic.com, www.Radiesse.com, www.Radiesse-voice.com, www.Radiesse-fl.com, www.Belotero.com, www.Asclera.com and www.MerzAesthetics.com (collectively, with any successor websites, the "Websites"). Visitors to the Websites are, collectively, referred to herein as "Users" or "you."

This Privacy Notice describes what information Merz Aesthetics gathers from you via the Websites, how we use that information, and what we do to protect it.

This Privacy Notice is incorporated into and is subject to the Merz Aesthetics Terms of Use . Your use of the Websites and any personally identifiable information you provide on the Websites are subject to the terms of this Privacy Notice and Merz Aesthetics' Terms of Use.

The Information Merz Aesthetics Collects

User-provided Information: You may provide to Merz Aesthetics personally identifiable information (such as your name, email address, mailing address, zip code, telephone number, or fax number) when using the Websites. For example, if you use the Websites to find doctors in your area, we will ask for your address and/or zip code, so that we can provide a list of local doctors who have experience in using Merz Aesthetics products. You may also provide personally identifiable information if you contact us through the Websites with questions or comments or sign up for special programs, such as our loyalty program.
Employment Information: You may provide us with personally identifiable information, such as that contained on a resume or a curriculum vitae, in connection with a job application or inquiry. We may use this information throughout Merz Aesthetics and our affiliates for the purpose of employment consideration or to respond to your inquiries. We may keep your information on file for future consideration.
"Automatically Collected" Non-Personally Identifiable Information: When you visit the Websites, we may automatically record certain information from your web browser by using various types of technology, including "cookies," "clear gifs" or "web beacons." This "automatically collected" information may include Internet Protocol address ("IP Address"), web browser type, the web pages or sites that you visit just before or just after the Websites, the pages and Materials you view on the Websites, and the dates and times that you visit the Websites.

The Way Merz Aesthetics Uses Information

Merz Aesthetics uses the information you provide or that we collect, including personally identifiable information, to operate, maintain, enhance, and provide features, information, products, and services, including those found on the Websites and in the Materials. We will use your personally identifiable information to manage our business, respond to your requests, and process your transactions, for other customer service purposes, and to address any issues related to legal violations, such as intellectual property infringement, rights of privacy, or defamation.
Merz Aesthetics uses User information, including "automatically collected" information and "cookies to understand and analyze the usage trends and preferences of visitors to the Websites, to improve the way the Websites work and look, and to create and enhance features and functionality. For example, the use of "cookies" allows us to remember your information so that you will not have to re-enter it during your visit or the next time you visit the Websites.
Merz Aesthetics will not use your email address or other personally identifiable information to send promotional messages to you unless you have opted in, requested that Merz Aesthetics contact you about Merz Aesthetics products and services or other information, or joined special programs such as our loyalty program.

When Merz Aesthetics Discloses Information

Merz Aesthetics does not sell, trade, rent, or share your personally identifiable information with third party organizations other than our affiliates for their marketing or promotional uses without your express consent or opt-in or unless you request additional information. For example, we will send your contact information to physicians in our network if you request to receive additional information from them. Our affiliates that receive your information may use it to offer products and services to you.
Merz Aesthetics may disclose non-personally-identifiable information in de-identified or aggregated form to third parties for the purpose of understanding or analyzing the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Websites and for similar types of research and analysis.
Merz Aesthetics may share User information with authorized third party service providers that perform services for us and our affiliates to help us manage our business and provide goods and services to our customers. For example, we may use service providers to host, maintain, and operate the Websites, send communications, conduct research, manage and analyze data, and perform other services for us. If we share your personally identifiable information with third-party service providers, we do not authorize them to use or disclose it for any purpose other than the intended purpose.
Merz Aesthetics may transfer or assign the information that we have collected from Users as part of a corporate reorganization, merger, acquisition, sale, or other change of control (including any transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Merz Aesthetics.
Merz Aesthetics may disclose User information, including personally identifiable information, if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.
Merz Aesthetics also reserves the right to disclose User information, including personally identifiable information, that we believe, in good faith, is appropriate or necessary to protect our rights or the rights of others, to protect and avert harm to persons or property, or to enforce our Terms of Use or this Privacy Notice.

Your Choices

If you do not want your personally identifiable information to be used or transferred to third parties as set forth in this Privacy Notice, you may send an email to unsubscribe@merzaesthetics.com .

Please note that, if we are unable to use or share your personally identifiable information as set forth in this Privacy Notice, Merz Aesthetics will not be able to provide to you some of the features and functionality found on the Websites.

For California Residents, California Privacy Rights under California Civil Code Sections 1798.83-1798.84

California Civil Code sections 1798.83-1798.84 give California residents the right to ask us for a notice describing the categories of personally identifiable information we share with third parties or affiliates for their direct marketing purposes. The notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it has been shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to info@merzaesthetics.com or Legal Dept, Merz Aesthetics, Inc., 1875 So. Grant St., Suite 200, San Mateo, CA 94402]. Please allow 30 days for a response.

Updating, Correcting, or Removing Personally Identifiable Information

Merz Aesthetics strives to keep your information accurate, complete, and current. If you wish to update, correct, or delete your personally identifiable information, you may write to us at info@merzaesthetics.com or Customer Service, Merz Aesthetics, Inc., 4133 Courtney Road, Suite 10, Franksville, WI 53126.

Upon receipt of a request to delete personally identifiable information, we will delete the applicable personally identifiable information from our active databases, although your personally identifiable information may continue to be stored on our back-up media. We reserve the right to charge a small fee to provide access or to process any request to update, correct, or delete personally identifiable information.

Children's Privacy

Merz Aesthetics does not knowingly collect or maintain personally identifiable information on Websites from persons under 18 years-of-age, and no part of the Websites is directed to persons under 18.

Data Security

Merz Aesthetics uses commercially reasonable physical, administrative, and technical safeguards that we believe are designed to preserve the integrity and security of your personal information. However, please note that because no security program is impenetrable and criminals have proven apt at circumventing widely-adopted security safeguards, we cannot guarantee that your personally identifiable information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards or any other method.

International Users

Merz Aesthetics does not intend the Websites to be used by persons residing outside of the United States of America and makes no representation that the Websites or any Materials (as defined herein) are appropriate or available for use in locations outside of the United States. If you are a resident of any country other than the United States, you are not authorized to use this Website.

Changes and Updates to this Privacy Notice

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. Your continued use of the Websites constitutes your agreement to this Privacy Notice and any future revisions.

Effective Date

This Privacy Notice is effective as of January 2011.

Merz Aesthetics Contact Information

Please contact Merz Aesthetics with any questions or comments about this Privacy Notice, your personal information, our third-party disclosure practices, or your consent choices at: info@merzaesthetics.com.

WARNING: DISTANT SPREAD OF TOXIN EFFECT
The effects of XEOMIN^® (incobotulinumtoxinA) for injection, for intramuscular use, and all botulinum toxin products may spread from the area of injection and produce effects that include loss of strength, muscle weakness all over the body, double vision, blurred vision, drooping eyelids, trouble swallowing, hoarseness or change or loss of voice, trouble saying words clearly, loss of bladder control, and trouble breathing. These symptoms have been reported hours to weeks after injection. Swallowing and breathing difficulties can be life threatening and there have been reports of death. The risk of symptoms is probably greatest in children treated for spasticity but symptoms can also occur in adults, particularly in those patients who have underlying conditions that would predispose them to these symptoms. Cases in which the effect has spread have occurred both at the doses used for the treatment of neck spasticity and disorders of muscle tone and at lower doses.