Last Updated: November 7, 2024
Overview
This Web site (www.almainc.com) is owned and operated by Alma Lasers, Inc. Throughout the Site (defined below) the terms “Alma Lasers,” “us,” “our,” or “we” refer to Alma Lasers, Inc. and its affiliates. These Terms of Use apply to any Web site or application (as well as any features, widgets, plug-ins, content, downloads or other services) that posts a link to this page, including without limitation the Alma Academy Online (collectively, the “Site”).
These Terms of Use (“Terms”) set out the rules by which you may use our Site. By accessing or using any part of the Site and viewing our content you engage in our “Services” and agree to be bound by these Terms. If you do not agree to these Terms, our Privacy Policy, or any other legal notices, conditions or guidelines located within the Site, including, as applicable, our e-store Terms and Conditions of Sale and Limited Warranty, please exit our Site. If you have any questions regarding our policies or your use of our Site or Services, please contact us by e-mail at customerservice@almalasers.com or by mail to Alma Lasers, Inc. 485 Half Day Road, Suite 100, Buffalo Grove, Illinois, Attn: Client Relations.
These Terms apply to all users of the Site, including without limitation users who are browsers, account holders, vendors, customers, merchants, and/or contributors of content, as applicable, regardless of whether you create an account on the Site.
The term “you,” means anyone using our Site or Services. If you are registering for an account on behalf of a company or organization, the term “you” is also meant to refer to that company (a “Customer”).
By agreeing to these Terms you represent that you are at least the age of majority in your state, province, or country of residence. If you are under the age of majority in your jurisdiction, please exit now and do not use this Site.
A breach or violation of any of these Terms may result in an immediate termination of your access to the Site and/or Services. We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Site without notice for any reason without liability to you, except where prohibited by applicable law.
Privacy. When you use our Site and/or Services, we collect Personal Information (as defined in the Privacy Policy) about you. Check out our Privacy Policy for details about the types of Personal Information we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Information.
Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published and/or by notifying you of such updates via e-mail. Please check this page occasionally to make sure you’re aware of the Terms that apply to you. Your use of the Site and/or Services after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them so you should periodically review the then-current Terms.
Our Services. Subject to these Terms, Alma Lasers allows you to access and use the Site and Services on a non-exclusive basis for your personal use or internal business purposes. Through the Alma Academy Online, you may be able to access certain marketing materials, videos and other resources.
In order to use the Site and Services, you must have an updated version one of the following web browsers: Google Chrome, Firefox, Safari, or Microsoft Edge. These requirements are subject to change, so check here for a listing of compatible web browsers.
No Medical Advice
The Site and Services are provided for informational purposes only. Site Content (defined below) is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Do not use this Site or Services to make a diagnosis, treat a health problem or replace a physician’s judgment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read or seen on the Site or Services. If you think you may have a medical emergency, call your doctor or 911 immediately. Alma Lasers does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site or Services. Reliance on any information or functionality provided on the Site is solely at your own risk. No information used on the Site should be construed as the practice of medicine. Any health or wellness coaching provided through the Site or Services cannot substitute for, and is not an alternative to, medical, psychological, or other healthcare diagnosis and treatment.
User Accounts
Some of the features on the Site and certain Services may require or permit you to register for an account through an online registration process. For example, to access the Alma Academy Online, you will need to create a user account.
When you register for an account, you will select login credentials and you agree that: you will not use a username (or e-mail address) used by someone else, that impersonates another person, belongs to another person, violates the intellectual property or other rights of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Site using your name, username, or password.
You agree to notify us immediately of any unauthorized use of your account password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activity on your account, password and username, even if that activity was not actually performed by you. To the fullest extent permitted by applicable law, Alma will not be responsible for any losses or damage arising from unauthorized use of your account. While we reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services, we cannot guarantee that we will learn of or prevent any inappropriate use of the Site and/or Services. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We may terminate your account at any time in our sole discretion.
Use Restrictions
You may not do or attempt to do or allow a third party to do any of the following: (1) transmit to or introduce at the Site any worms, viruses or any code of a destructive nature, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site, Services or Site Content (to the extent such restriction is permitted under applicable law); (2) copy, modify, or distribute the Site, Site Content (defined below) or Services in any manner not permitted by these Terms; (3) circumvent or interfere with security-related features of the Site or Services or features that restrict unauthorized use of or access to any Site Content; (4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the Site Content or circumvent the navigational structure of the Services in any way; (5) submit, upload, email or otherwise transmit any content or other materials, to or through the Site that: a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others; or (c) has an advertising, political, marketing, promotional or other commercial purpose; (6) use another’s account without permission; (7) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; (8) use any Site Content to train large learning models or in connection with any artificial intelligence input or output services; (9) use the Services in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws; (10) access, solicit, collect or use any personally identifying information about any other users of the Site or anyone else; and (11) access and use the Site and/or Services in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
You may not use our Site and/or Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity and/or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Site and/or Services.
Find a Provider
The Site may provide Services that enable you to find providers (“Providers”) that utilize Alma Lasers products. Our provision of a Provider’s name, address and telephone number does not constitute an endorsement or referral of the Provider by Alma Lasers nor a recommendation of any listed Provider. Alma Lasers does not examine the licensing, certifications or qualifications of any Provider. You and the Provider assume full responsibility for your interactions with each other. In no event will Alma Lasers be liable to you or any Provider as a result of any interaction or failure to interact with a Provider.
Alma Lasers will not be liable for any act or omission, including negligent acts or omissions, by you or any Provider.
Provider’s decisions about your course of treatment or whether any procedure is medically necessary are made solely by that Provider. Alma Lasers does not exercise any control or direction over any Providers. Not all Providers who use Alma Lasers products are listed on the Site. You are responsible for selecting an appropriate Provider. Provider information may change and Alma Lasers may not be aware of those changes.
Representations. By accepting these Terms, you represent that: (a) you are at least the age of majority in your jurisdiction; (b) your use of the Site and Services will not violate any applicable law or any obligation you have to a third party; and (c) all information you submit as part of any registration process is and will remain truthful and accurate. If you are registering for an account on behalf of a Customer, you further represent that you are authorized to bind the Customer to these Terms. You also represent that the Customer is duly organized under applicable law, it has the authority to enter into these Terms, and that by doing so and using the Site and Service, it will not be in conflict with any obligations it has to any third party or any legal requirement.
Site Content. Unless otherwise noted, all photographs, pictures, graphics, product descriptions, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws and treaties of the United States and other jurisdictions. All Site Content is owned by, or licensed to, Alma Lasers. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.
Subject to and conditioned on your continued compliance with these Terms and all other terms and conditions that we may provide to you from time to time, Alma Lasers grants you a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicenseable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All rights not expressly granted by Alma Lasers herein are reserved. Nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that Alma Lasers has the authority to grant any license on behalf of any third party.
Alma Lasers’ trademarks, including its name, logo, all page headers, graphics, images, symbols, trade names and other marks found at the Site are the proprietary property of Alma Lasers or its affiliates (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of us. You may not use the Marks in connection with any auction Web site or online marketplace, including eBay, Amazon or any of their affiliates’ Web sites.
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that we have authority to grant any right or license on behalf of any third-party trademark owner.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Product Purchases
The purchase of any Products by you or your Company from our e-store is governed by our e-store Terms and Conditions of Sale and Limited Warranty.
Links Sites
The Site may contain links to independent third party Web sites or applications (“Linked Sites”) or descriptions of third party products or services (“Third Party Products”). Linked Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies. We recommend you review each Linked Site’s terms of use and privacy policy. We expressly disclaim any liability for loss or damage sustained by you as a result of your accessing and use of Linked Sites. Alma does not endorse or guarantee the quality, accuracy, appropriateness, or effectiveness of any Third Party Product. You agree that with regard to any Third Party Product referenced or linked in this Site, that you are responsible for your interactions with those third parties, and the Linked Sites and Third Party Products. Alma Lasers will have no obligation or liability to you with respect thereto.
Indemnification.
You agree to indemnify, defend and hold harmless Alma Lasers and our parent, subsidiaries, affiliates, and respective partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Site and/or Services, breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free. We make no representation or warranty as to the completeness, accuracy, currency, reliability or quality of information or content provided in the Site and/or Services. Such information is also subject to change at any time without notice. You agree that from time to time we may remove the Site or Services for indefinite periods of time or cancel Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site and/or Services is at your sole risk. The Site and Services, including without limitation information related to finding a Provider, delivered to you through the Site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Alma Lasers assumes no liability or responsibility for the accuracy, currentness, completeness, or usefulness of any information on the Site or Services, including any Provider locator tool. Alma Laser expressly disclaims the accuracy, currentness, or applicability of any data in on the Site, including Provider data.
In no case shall Alma Lasers, its affiliates or their respective directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any of the Services or any products or Provider procured using the Services, or for any other claim related in any way to your use of the Site or Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or Services or any content (or product) posted, transmitted, or otherwise made available via the Site or Services, even if advised of their possibility.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state or country of residence. Certain jurisdictions have heightened consumer protection laws that may make certain portions of these Terms inapplicable to you. No provision of these Terms shall limit or waive your rights as a consumer under the law of your state or country of residence. In any event, Alma Lasers reserves all rights, defenses and permissible limitations under the law of your state or country of residence. Check your local laws for any restrictions regarding the exclusion of implied warranties.
You understand that using the Site and/or Services may entail some degree of risk. When you choose to use the Site and/or Services, you do so at your sole discretion and risk.
Termination. We reserve the right to suspend or terminate your access to and use of the Site and/or Services or any account at any time and for any reason. Even if your access to and use of the Site and Services are terminated, you will still be bound by the sections of these Terms which, by their nature, are meant to survive termination.
Force Majeure. Alma Lasers will not be liable for any default or delay in its performance of its obligations under these Terms to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control.
Entire Agreement. These Terms and any additional terms, policies or operating rules posted by us on this Site or in respect to the Services and products (including without limitation the e-store Terms and Conditions of Sale and Limited Warranty) constitute the entire agreement and understanding between you and us and governs your use of the Site and Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Export Laws
Use of the Site and/or Services is governed by all applicable federal, state, and local laws. Information available on the Site may be subject to U.S. export control laws and the laws of the country where you reside. No Site Content may be downloaded or otherwise exported in violation of any law. All Alma Lasers 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.
Dispute Resolution; Informal Resolution and Formal Resolution by Arbitration/Class Action Waiver
In order to expedite and control the cost of disputes, you and Alma Lasers agree that any legal or equitable claim relating to the use of the Services or the use of any programs from the Services (referred to as a “Claim”) will be resolved as follows:
Informal Resolution:
You and Alma Lasers will first attempt to resolve any Claim informally for a period of thirty (30) days after Alma Lasers’ receipt of written notice from you regarding any potential dispute. In the event that any dispute between Alma Lasers and you arises out of or relates to: (i) these Terms; (ii) the Services; or (iii) your account through the Services, you and we agree to try to promptly resolve any such dispute informally within such 30-day period. You must send the written notice describing the dispute to customerservice@almalasers.com
Formal Resolution by Arbitration / Class Action Waiver.
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms, your use of the Site or Services, or the purchase of any products from the Services, or the determination of the scope or applicability of arbitration shall be governed as set forth below.
If you and Alma Lasers cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and Alma Lasers understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Alma Lasers each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.
ARBITRATION MEANS THAT YOU WAVE YOUR RIGHT TO A JURY TRIAL.
The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms as a court would. The Arbitration will be conducted under the American Arbitration Association Consumer Arbitration Rules (referred to as the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. In Arbitration you may seek any and all remedies otherwise available to you pursuant to the law of the governing jurisdiction. If you decide to initiate Arbitration, Alma Lasers agrees to pay the Arbitration initiation fee and any additional required deposit required by AAA to initiate your Arbitration. You and Alma Lasers agree to pay equally the costs of the Arbitration proceedings, provided however, that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such higher amount as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with AAA Rules. The Arbitration will be held at a location in Cook County, Illinois if possible, unless you and Alma Lasers both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Alma Lasers must do the following things:
1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can file a Demand for Arbitration at https://www.adr.org/ .
2. Send one copy of the Demand for Arbitration to the other party.
Special rules in the Arbitration Proceeding.
3. Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any court that has jurisdiction.
4. Neither you nor Alma Lasers shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities or arbitrate any Claim as a representative member of a class or in a private attorney general capacity.
THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.
Accordingly, you and Alma Lasers agree that the AAA Class Action Rules do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such provision unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.
Limited Time to File Claims
You agree that you will assert any Claim arising out of your use of the Site, any Services or the purchase of any product from this Services, if applicable, within one (1) year after the Claim arises, or such claim will be barred.
Exclusions and Limitations; Consumer Protection Notice
If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence. For example, if you are a New Jersey consumer, certain terms do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Alma Lasers reserves all rights, defenses and permissible limitations under the law of your state of residence.
Geographic Limitations
Alma Lasers controls and operates the Site and Services in the United States. If you use our Site or Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and Services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability of our Site and/or the provision of any Services, Site Content, product, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding Personal Information collected on the Site are set forth in our Privacy Policy, https://almainc.com/privacy-policy.
User Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Alma Lasers through the Site are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Alma Lasers shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
Governing Law
To the extent permitted by applicable law, these Terms are governed and construed by the laws of the State of Illinois, U.S.A. To the extent that a dispute is not covered by the arbitration provision above, you agree not to bring any proceeding other than in the state and federal courts residing in Illinois. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded by these Terms.
General. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. In the event a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.
Contact Information
Questions about the Terms should be sent to us at customerservice@almalasers.com.
Our contact information is:
Alma Lasers, Inc.
485 Half Day Road, Suite 100
Buffalo Grove, Illinois 60089
Attn: Client Relations