Terms of Use - Genesis One Laser

Terms of Use

Last updated: March 31, 2022

Use of the Website and These Terms of Use

This website is owned and operated by Genesis One Laser, LLC (“Genesis One”). By accessing and using this website, you agree to follow and be bound by the most recent version of these Terms of Use. You acknowledge (i) that you have read and understood these terms and conditions and (ii) that these terms and conditions have the same force and effect as a signed agreement. If you do not agree to follow and be bound by these terms and conditions, you may not access, use, or download materials from this website.

These Terms of Use were last updated on the date indicated herein, and Genesis One may, in its sole discretion and without notice to you, change these Terms of Use, or any part thereof, at any time, including the addition or removal of terms, and such modifications, additions or deletions will be effective immediately upon posting. You should visit this page from time-to-time to review the then-current terms, because they are binding on you. Your use of the website after our change of the Terms of Use shall be deemed to constitute acceptance by you of such modifications, additions, or deletions. If you do not agree to the amended Terms of Use, you may not access, use, or download materials from this website.

Products and Services
Much of the information on this website relates to products and services offered by Genesis One. The materials on this website are for your general educational information only. The information provided on the website is not intended nor recommended as a substitute for professional medical advice, and is designed to support, not replace, the relationship that exists between you and your healthcare providers. Genesis One does not practice medicine or provide medical services.

This website contains information about products and services, some of which are under investigational use only and have not been cleared by any regulatory body in any country, including the United States.

Pricing and Information
Genesis One does not warrant that the content on the website is accurate, complete, or current. Despite our efforts, items on the website may be mispriced and product and service descriptions may be inaccurate. Genesis One reserves the right to correct any inaccuracies or omissions on the website, to revoke any offer, to cancel your order, and to take any other actions it deems reasonable or necessary to rectify the error, regardless of whether charges have been applied to your account or credit card.

Copyrights and Trademarks
The materials on this website belong to or are licensed to Genesis One. The materials are protected by United States and may also be protected by foreign copyright laws. You may e-mail, download, or print copies of the materials on this website, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials.

We also own the names we use for our products and services on this website, and these names are protected by United States and may also be protected by foreign trademark laws. You agree not to display or use Genesis One’ logos or trademarks in any manner without our prior written permission. As of the date these Terms of Use were last updated, Genesis One and its logo are claimed as trademarks of Genesis One. All rights not expressly granted are reserved.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

To the extent that any trademark, trade name or image on this website is owned by a third party, such third party marks and content are owned by the respective owners and their depiction on this website is not, unless otherwise expressly stated, intended to indicate any association, affiliation or endorsement by us of such parties or by such parties of our products and services, and you should not rely on the existence of such a connection or affiliation.

Links to Third Party Websites
This website may contain links to websites not operated by Genesis One. We provide these links for your convenience, but we do not review, control, endorse, or monitor the materials on any other websites. We are not responsible for the performance of those websites or for your business dealings with them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.

Linking to this Website
You are hereby granted a non-exclusive, limited, and revocable license to link to this website, provided (a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, (b) you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, (c) you agree that the link will not appear on a website that a reasonable person may consider defamatory, harassing, or grossly offensive, (d) you must not establish a link from any website that is not owned by you, (e) this website must not be framed on any other site, and (f) you do not create a link to any part of this website other than the home page. Genesis One reserves the right to revoke this license or your right to use specific links at any time.

Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found here. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Use of the Website
You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

User Generated Content
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “User Generated Content” or simply “Content”) on our website. You are only permitted to post Content if you own all the rights to that Content, or if another rights holder has given you permission. Any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information or personal data, as those terms are used in our Privacy Policy).

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. If you transmit any ideas, information, know-how or techniques to us through this website, you hereby grant Genesis One an unrestricted, royalty-free, irrevocable license to use, reproduce, modify, and distribute them in any medium without compensation to you. Without those rights, we could not allow you to post such Content. Please note that this license continues even if you stop using the website.

You agree to indemnify, release, and hold us harmless from any, and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post. Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

Accordingly, by submitting any Content to Genesis One, you represent and warrant that:

  1. the Content is true, accurate, current, and complete;
  2. you are not and shall not misrepresent your identity or your personal information;
  3. you are the sole author and owner of the Content and any intellectual property rights thereto;
  4. all “moral rights” that you may have in such Content have been voluntarily waived by you;
  5. you are at least eighteen (18) years old; and
  6. use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any Content that:

  1. is known by you to be false, inaccurate, or misleading;
  2. infringes any third-party’s intellectual property rights or rights of publicity, or privacy;
  3. defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as, but not limited to, rights of privacy and publicity) of any person or entity;
  4. violates any law, statute, code, ordinance, or regulation;
  5. is, or may reasonably be considered to be, defamatory, obscene, libelous, hateful, racially, ethnically, or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  6. includes any information that references other websites, addresses, email addresses, contact information or phone numbers that are unrelated to you or Genesis One; or
  7. contains any computer viruses, worms or other potentially damaging computer programs or files.

Genesis One reserves the right to change, condense or delete any Content that Genesis One deems, in its sole discretion, to violate the Privacy Policy or any provision of these Terms of Use. Genesis One does not guarantee that you will have any recourse through Genesis One to edit or delete any Content you have submitted. Genesis One reserves the right to remove or to refuse to post any Content for any reason. You acknowledge that you, not Genesis One, are solely responsible for the Content and the consequences of posting or publishing them. Genesis One has taken reasonable steps to ensure the confidentiality of information collected via its website. However, unexpected changes in technology may be used by unauthorized third-parties to intercept confidential information and Genesis One cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.

No Warranties
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” BASIS. GENESIS ONE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GENESIS ONE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

Limitation of Liability
YOUR USE OF THE WEBSITE AND THE MATERIALS AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. YOU AGREE THAT NEITHER GENESIS ONE NOR ANY PERSON OR ENTITY ASSOCIATED WITH GENESIS ONE IS LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. EXCEPT WHERE PROHIBITED, NEITHER GENESIS ONE NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) SHALL BE LIABLE FOR (1) THE PERFORMANCE OF THE WEBSITE OR THE INABILITY TO USE THE WEBSITE, (2) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100, (3) ANY EVENT BEYOND OUR REASONABLE CONTROL; OR (4) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY THIRD PARTY’S USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED (COLLECTIVELY, “DAMAGES”).

THIS LIMITATION INCLUDES WITHOUT LIMITATION CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY.

THIS DISCLAIMER OF LIABILITY FOR DAMAGES INCLUDES, BUT IS NOT LIMITED TO DAMAGES FOR (1) LOSS OF USE, GOODWILL, DATA, OPPORTUNITY, OR PROFITS, OR COST OF PROCURING SUBSTITUTE SERVICES, (2) THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT, REGARDLESS OF WHETHER SUCH EVENT OCCURRED BECAUSE OF YOUR CONNECTION TO THE WEBSITE, YOUR LINK TO THE WEBSITE, YOUR DOWNLOADING OF INFORMATION FROM THE WEBSITE, YOUR USE OF THE WEBSITE, OR OTHERWISE, (3) ANY INCOMPATIBILITY BETWEEN THE SERVICE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, AND (4) ANY FAILURE OF ANY ELECTRONIC OR TELEPHONIC EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, DENIAL-OF-SERVICE ATTACK, OR ANY FORCE MAJEURE, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT OF THE SITES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH MAY NOT APPLY THE EXTENT DAMAGES ARE THE RESULT OF GENESIS ONE’S GROSS NEGLIGENCE, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

Indemnification
You agree to defend, indemnify, and hold Genesis One harmless, including our subsidiaries, affiliates, licensors, service providers, content providers, clients, and all of our respective owners, officers, directors, agents, partners, representatives and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of: (1) your contributions or the Content you post; (2) your use of our website; (3) your breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; or (5) your violation of the rights of any third-party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

DMCA NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials or posted content (“Materials”) on the website infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Legal Department at Genesis One (address below) and provide the following information:

  • A clear statement identifying the works, or other materials believed to be infringed;
  • A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner;
  • Sufficient information about the location of the allegedly infringing Materials so that we can find and verify its existence;
  • Your name, telephone number and e-mail address;
  • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf; and
  • A signature or the electronic equivalent from the Owner or authorized representative.

Genesis One’s agent for notice of copyright or trademark issues on the website can be reached as follows:

Attn: Legal Department
8470 Enterprise Circle Suite 300
Lakewood Ranch, Fl 34202

Other Information
In addition to these Terms of Use and the Privacy Policy , you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition.

By using this website, you agree that the only proper jurisdiction and venue for any dispute with Genesis One, or in any way relating to your use of this website, is in the state and federal courts having jurisdiction over Sarasota County, Florida, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Genesis One or its affiliates, employees, officers, directors, agents, or suppliers, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue, or forum non conveniens.

These Terms of Use are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles, and the federal laws of the United States.

The above Terms of Use constitute the entire agreement between us regarding your use of our website, and these terms supersede any and all preceding and contemporaneous agreements between you and us in such regard. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by one of Genesis One’s officers.

If you have any questions regarding these Terms of Use, please contact Genesis One’ legal and compliance department directly by emailing legal@genesisone.com.