Legal notice

These Terms of Use were last updated on: May 7th, 2013

DESCRIPTION OF OUR SITE

Welcome to the Clinique AntiAging[1] (“Clinique”, “we”, “us”, “our”)website (“Site”). We hope you find our Site informative and useful. We are located at 3431 Stanley, Montreal Québec, H3A 1S2, Canada.

By using our Site, you agree to be bound by and to adhere to these terms of use (“Terms of Use”), so please review them carefully. If you do not agree with them, do not use our Site.

We work closely with our service partners (“Partners”) for web development, hosting, marketing and related services, and who also provide you with access to our Site. While these Terms of Use concern your relationship with Clinique, your use of our Site may be subject to other terms and conditions, such as your Internet service provider.

These Terms of Use may change from time to time so please make sure that you revisit this webpage to ensure that you are aware of the most recent version since the last time you visited our Site.To help you identify the latest version, we display the date of the most recent update to these Terms of Use at the top of this page. By continuing to use our Site, you are indicating to us that you agree to the most recent version of these Terms of Use.

USE OF OUR SITE

Do not use our Site if you are under 14 years old. If you are between the ages of 14 and the age of majority in the jurisdiction you live in, your parent or the person with parental authority over you must agree to these Terms of Use before you can use our Site.

Do not use our Site in a manner which contravenes or may contravene the laws of the province of Québec and the laws of Canada applicable there in (the “Applicable Laws”).

Do not use our Site as a substitute for medical advice, evaluation, opinion, diagnosis or treatment. Always consult with a medical professional.

Do not use “robots”, “spiders”, “data miners”or other software, programs or methods that automatically analyze our Site, gather its content or monitor it.

Do not to attempt to gain unauthorized access to our Site or the servers and networks supporting it. You may not hack, crack, scan or probe our Site or the servers and networks supporting them, or circumvent or test the security of our Site or the servers and networks supporting them. You agree further not to disguise or hide your Internet Protocol (“IP”) address when accessing our Site.

Do not engage in any action or activity that could lead to an overload of our Site or interfere with the proper operation of our Site.

Do not, through any medium or form, send us unsolicited bulk communication or advertising.

OWNERSHIP OF CONTENT

Our Site and all rights and interest in it and to our Site are owned by us, even if you download its content on to your computer or device. When you access the Site, we grant you a non exclusive, revocable, limited, non-transferable and non-sublicensable license to use the Site (not its source code), only in a personal and non-commercial way, and only for the computer or device you used to access the Site.

All content that appears on our Site is copyrighted or trademarked by us or the companies whose products we use. Not withstanding anything in these Terms of Use to the contrary, you may not modify, link to, reattribute, repost, or otherwise reuse the contents of our Site, including and without limitation any photos or images that appear on our Site, without our express written consent. Even though they are available on the Internet, they do not belong to you or the public.

LINKS TO OTHER SITES

Links to other websites may appear on our Site from time to time. By using our Site, you agree not to hold us liable for the content, quality or integrity of linked websites, or for their terms of use or privacy policies.

PRIVACY

“Personal Information” means any information which relates to a physical person and allows that person to be identified. By using our Site, you also consent to our collection, use, storage and disclosure of your Personal Information according to these Terms of Use.

We do not require that you provide us with your name in order for you to use our Site. Our Site does, however, employ “cookies”. Cookies are small files that are placed on your computer and contain certain information about your visit to a website. In the case of our Site, it tracks certain analytic information such as your IP address, geographic location and browsing behaviour on our Site. You may disable the use of cookies through your Internet browser settings.

If you send us your name and e-mail address in order to sign up for our newsletters and special promotions, we will use them for the purpose of sending you such newsletters and special promotions. At any time, you may unsubscribe from our mailing list by using the “unsubscribe” or similar function in the e-mail or by indicating to us that you no longer wish to receive such messages.

If you e-mail us through our Site, we will collect, store and use your e-mail address and any Personal Information included in such e-mail for the purpose of adequately responding to your requestfor services, and to provide with you with technical and other support. While Clinique makes reasonable efforts to maintain the safeguard of your Personal Information and because we cannot control the security of your Internet networks, we cannot guarantee that the e-mails you send to us are transmitted securely.

We may communicate some of your Personal Information to our Partners in order to perform services for us and on our behalf, including data analysis, e-mail delivery, hosting services, customer service and assistance in our marketing efforts, and some of your Personal Information that you communicate to us may be relayed to us through our Partners for these purposes. We do not share your Personal Information with third party advertisers. If we do communicate your Personal Information to a Partner or use a Partner for the purposes mentioned in this paragraph, we make commercially reasonable efforts to cause your Personal Information to be treated in the same manner set out in these Terms of Use.

In the case of a business transaction, for example if all or substantially all of Clinique’s assets relating to its business are purchased by another individual or company, we may share your Personal Information with that individual or company but only for the purposes of the parties deciding whether or not to go through with the transaction. If the conclusion of the business transaction would cause us to treat your Personal Information any differently than as set out in these Terms of Use, we will send you notice of such a change before communicating your Personal Information to the individual or business.

For any questions or comments relating to our treatment of your Personal Information under these Terms of Use, you may contact us at info@cliniqueantiaging.com. You may also use this e-mail address to request access to, review and/or correct your Personal Information. If producing your Personal Information is difficult because of the volume of information, the time it takes us to gather it or the form in which the information is requested, we may ask you to pay us a reasonable amount for the production of your Personal Information.

VIOLATION OF TERMS OF USE

Do not violate or attempt to circumvent these Terms of Use. If you do, we may pursue any and all recourse available to us under the law. Any violation or circumvention of these Terms of Use will cause Clinique significant damage that cannot be adequately compensated with money, so you agree and consent to usobtaining an injunction against you in the case of such violation or circumvention, as the case may be.

In addition to any other remedies we may have against you, we may collect, store, use and disclose to others any information that we have concerning you, including any Personal Information, in order to protect our rights and you agree to such collection, storage, use and disclosure. We may also disclose your Personal Information if we believe in good faith that: (i) the Applicable Laws allow or require us to; (ii) doing so is necessary to prevent any illegal activity or to comply with courts, governments and law enforcement authorities; or (iii) doing so is necessary to prevent physical harm to the people working for us or any other person.

In the event that we exercise our rights against you in response to your violation or circumvention of these Terms of Use, you agree to pay all our reasonable legal fees related to such violation or circumvention, as the case may be.

DISCLAIMER AND LIMITATION OF LIABILITY

The content of our Site should serve as information only and does not constitute medical advice, evaluation, opinion, diagnosis or treatment. As such, you agree not to hold Clinique liable for the consequences of any interpretation of the content of our Site.

We make efforts to ensure that our Site runs smoothly but neither we nor our Partners can guarantee that it will be error-free, function properly or that it will meet your requirements.

You agree not to hold Clinique liable for bugs, viruses, errors or other issues that you may encounter through the use of our Site – only you are liable for any damages to your computer or device that result from such use. We are also not responsible for any interruptions, suspensions or discontinuances of our Site.

CLINIQUE PROVIDES YOU WITH USE OF ITS SITE ‘AS IS’ AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY OR NON-INFRINGEMENT. CLINIQUE AND ITS EMPLOYEES AND PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OR RESULTING FROM YOUR USE OF THE SITE.

DISPUTES

Your use of our Site and these Terms of Use are governed by the laws of the Province of Québec and the laws of Canada that are applicable there in.

We hope that you enjoy using our Site but in case a dispute or claimarises relating to our Site or these Terms of Use, you agree to submit exclusively to the courts of Québec in the judicial district of Montreal.

Should a section or a part of these Terms of Use be deemed invalid or unenforceable, it shall not have the effect of invalidating the remainder of the Terms of Use, which shall remain binding and enforceable.


[1] “Clinique AntiAging” is a registered trade name of Dr. Cynthia Stolovitz.