LYME LASER CENTERS, INC.
CLIENT TERMS OF USE

LYME LASER CENTERS, INC. ACCESS

Subject to the terms contained herein,Lyme Laser centers, Inc. hereby grants you a limited license to access the :Lyme Laser Centers, Inc. Website and Lyme Laser Centers, Inc. Cofactor Assessment Process. You agree that you shall use the Lyme Laser Centers, Inc. Website only in accordance with the Terms of Use, applicable law, and the rules, policies and procedures established by Lyme Laser Centers, Inc. in compliance with Local State and Federal Law. This license may not be shared with or transferred or sublicensed to any other party. You agree that you are using and will continue to use appropriate technical safeguards to secure the devices used to access Lyme Laser Centers, Inc. Website, including up-to-date virus protection on PCs, smartphones and tablets. You represent and warrant that all information provided to Lyme Laser Centers, Inc. in connection with this Agreement, including in the process for the Cofactor Assessment process, is true, accurate and complete.

You understand that information you send or receive via Lyme Laser Centers, Inc. may be made part of your permanent medical information record and therewith will be subject HIPAA Regulations.

NON-DISCLOSURE AND CONFIDENTIALITY

In using the Lyme Laser Centers, Inc. Website, you could have access to confidential information of Lyme Laser Centers, Inc. and third parties (“Confidential Information”) that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.

During the term of this Agreement and thereafter, you agree not to disclose any Confidential Information to any third party except as permitted by this Agreement and by applicable law. Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; (ii) not to access Lyme Laser Centers, Inc. or any Confidential Information for any other individual or any unauthorized third party. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.

You acknowledge and agree that any Confidential Information is the property of Lyme Laser Centers, Inc. or its licensors, and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in this Agreement, Lyme Laser Centers, Inc. does not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of the Lyme Laser Centers, Inc. Website and Cofactor Assessment results or other confidential information; may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of the Lyme Laser Centers, Inc. Website is strictly prohibited; provided, that you may print, copy electronically, or download information from this site for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright law.

Lyme Laser Centers, Inc. shall have the right to use and incorporate into its Website any feedback and input provided by you, for any purpose, including the improvement of the Lyme Laser Centers, Inc. process and other research, educational and client care purposes.

THIRD PARTY CONTENT

Lyme Laser Centers, Inc. may contain links to third party materials and third party websites for your information and convenience. Lyme Laser Centers, Inc. is not responsible for the availability, accuracy, or content of any of those third party materials or websites nor does it endorse them.

Certain information contained within or accessible through Lyme Laser Centers, Inc. provided by third parties. Prior to accessing this information you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those materials.

DISCLAIMERS

ACCESS TO LYME LASER CENTERS, INC. WEBSITE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LYME LASER CENTERS, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LYME LASER CENTERS, INC. DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO LYME LASER CENTERS, INC. LYME LASER CENTERS, INC. MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO OR FROM PATIENT GATEWAY.

YOU SHOULD NOT RELY UPON THE LYME LASER CENTERS,INC.WEBSITE OR THE LYME LASER CENTERS, INC. COFACTOR ASSESSMENT PROCESS IF YOU HAVE IMMEDIATE HEALTH CONCERNS OR QUESTIONS. FOR ALL URGENT MEDICAL MATTERS, CONTACT YOUR PRIMARY MEDICAL CLINICIAN.

LIMITATIONS OF LIABILITY

IN THE EVENT OF ANY PROBLEM WITH THE LYME LASER CENTERS, INC. WEBSITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL LYME LASER CENTERS, INC.OR ANY AFFILIATE BE LIABLE IN ANY WAY FOR YOUR USE OF THE LYME LASER CENTERS, INC. WEBSITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL LYME LASER CENTERS, INC. OR ANY AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE LYME LASER CENTERS INC. WEBSITE AND/OR THE LYME LASER CENTERS, INC. COFACTOR ASSESSMENT PROCESS, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTICE OF PRIVACY PRACTICES AND WEBSITE PRIVACY POLICY

Access to and use of LYME LASER CENTERS, INC. is also governed by the terms of the Notice of Privacy Practices and Website Privacy Policy, copies of which are accessible via the Lyme Laser Centers, inc. Website and the terms of which are incorporated by reference in this Terms of Use and User Agreement.

MISCELLANEOUS

This Agreement shall be governed by the laws of the State of Delaware without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the State of Delaware for the resolution of any dispute based upon or relating to this Agreement.

This Agreement constitutes the sole agreement between you and Lyme Laser Centers, Inc. relating to your use and our provision of Lyme Laser Centers, Inc. Website and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Lyme Laser Centers, Inc.. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Lyme Laser Centers, Inc. of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in a writing signed by the parties.

A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

REFERRAL PROGRAM

Below are the terms and conditions for your participation in our referral program administered by Lyme Laser Centers, Inc. Only referrers and referrals, as defined below, are eligible to participate in the referral program. Employees of Lyme Laser Centers, Inc., its subsidiaries, and affiliated companies and their respective employees including members of their immediate families and persons of whom any of the foregoing are domiciled are not eligible to participate in the referral program unless otherwise agreed in advance. Referral bonuses or earned amounts associated with the referral program will be paid out upon a timeline determined by Lyme Laser Centers, Inc. based on associated promotions and the requirements within those promotions. Referrers are not eligible to receive more than one promotional referral payout per client. Referral bonus payouts are limited to master protocols only; add-on protocols are not considered eligible for bonus referrals. Referrer must be available via phone or email communication for acquiring or validating of mailing address for the referral bonus. In the event that the referrer is unresponsive within 12 months of the expected payout date, they will no longer be eligible for the corresponding referral bonus.

Referral program payouts will be made in the form of a prepaid $200 VISA gift card unless otherwise noted or agreed in advance of the payout date.

We reserve the right to update and change the terms from time to time without notice. Any amendment, modifications, enhancements, or changes to the referral program including the release of new features or resources made available by us, from time to time, may be subject to these terms. Continued use of the referral program, after any such changes, shall constitute your consent to such changes.

Any violation of these terms may result in, among other things, termination or suspension of your rights to participate in the referral program and forfeiture of any outstanding referral bonus payments earned during the violation.

  • No coupon, deal, loyalty, cash-back, rewards or virtual mall websites
  • No infringing on our or any anyone else’s intellectual property, publicity, privacy or other rights
  • No cookie stuffing or altering
  • No adware, spyware, loyalty-ware or any such software
  • All referring links must be verifiable/traceable (pretty links permitted)
  • No violating any laws, rules or regulations
  • Do not include our referral links or program in any content that is defamatory, obscene, threatening, harassing, harmful to minors, or contains nudity, pornography or sexually explicit materials

If you intend to promote our referral program via paid search campaigns, you must adhere to the following:

You will not purchase ads that direct to your site(s) or through an affiliate link that could be considered as competing with Lyme Laser Center’s own advertising.

You MAY NOT bid on our branded search terms. This may include the company name, company name +, product name +, or misspelled keywords (“Lyme Laser”, “Laser Lyme”) for the purpose of PPC on search engines (Google, Yahoo, MSN, Ask, etc).

When linking to our website/your referral link:

  • Your website can not in any way copy, resemble, or mirror the look and feel of our website or brand. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our Website in any manner.
  • You may not engage in cookie stuffing, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating). All referring links must be verifiable/traceable (pretty links permitted).
  • Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
  • You may not use of any of our company or product terms as part of the domain or sub-domain for your website is strictly prohibited i.e. lymelaser.website.com, lyme.website.com, or www.lymelaser-discount.com
  • Using of any of our terms (“Revealbot” or “Reveal bot”) as part of your social handle is strictly prohibited i.e. facebook.com/lymelaser-coupons

If you intend to promote our referral program via email campaigns or newsletters, you must adhere to the following:

  • Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our affiliate program.
  • Email must be sent on your behalf and must not imply that the email is being sent on behalf of Lyme Laser Centers.

We reserve the right to reverse referral payouts due to order or service cancellations, duplicate accounts, returns, disputed charges, and program or protocol violations as outlined in these terms and conditions.