Seaspire

Terms of Use

Last Updated: 2023-10-20

Seaspire, Inc. (“Seaspire”, “we”, “us”, or “our”) owns or licenses all right, title and interest in and to this mobile-enabled website at https://seaspireskincare.com and all of its sub-domains (the “Website”). We have established the following terms and conditions (the “Agreement”) with which you must comply when you access and view the Website. All references to “you” or “your” refer to you and the entity on behalf of which you access or view the Website.

By accessing and viewing the Website, you agree to the terms and conditions contained in this Agreement. You affirm you are eighteen years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and you hereby accept this Agreement without limitation or qualification. If you do not accept the terms and conditions of this Agreement, do not access or view the Website.

1. Eligibility

If you are entering into this Agreement on behalf of a company, organization or other legal entity, you represent that you have the authority to bind such entity and its affiliates, in which case the terms “you” or “your” shall also refer to such entity and its affiliates. You further agree that you assume all responsibility and liability in connection with your use of the Website on behalf of such company, organization or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your use of the Website on behalf of such company, organization or other legal entity.

2. Modifications to This Agreement

From time to time, Seaspire may without advance notice: (a) supplement or make changes to this Agreement and other rules, access and use procedures, documentation, security procedures, and standards for equipment related to the Website, or (b) add, modify or remove any content from the Website. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your access and viewing of the Website after a modification to this Agreement constitutes your acceptance of the modification.

3. Ownership

A. Seaspire and its licensors own all information, text, data, graphics, files, images, sound recordings, audio and visual clips, interactive features, programs, applications, software, scripts, and any other content that you may access and view on the Website, as well as the collection, design, production, selection, layout, function, arrangement and “look and feel” thereof (the “Seaspire Material”). We may incorporate third party software as part of the Website, and all such third party software is subject to additional terms provided by the third party licensor. The names, trademarks, logos, slogans and taglines appearing on the Website (the “Trademarks”) are owned by or licensed to Seaspire and, if licensed, are used with permission of the owner. Trademarks and Seaspire Material are protected by trademark, copyright and other intellectual property laws. You may not infringe upon Trademarks or Seaspire Material in any way. PLEASE BE AWARE THAT THE CLINICAL STUDIES PRESENTED ON THE WEBSITE ARE THE PROPRIETARY MATERIALS OF SEASPIRE AND MAY NOT BE USED, COPIED, REPRODUCED OR DISTRIBUTED BY YOU FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN CONSENT OF SEASPIRE.

B. The Website may contain proprietary information and materials licensed or provided to Seaspire by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right, title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. You may not infringe upon Third Party Content in any way.

C. You acknowledge and agree that all questions, comments, ideas, feedback or other information provided by you to us (“Feedback”) are not confidential and that we may reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as we deem appropriate, for any and all commercial or non-commercial purposes, in our sole discretion. If you suggest any new features and/or functionality for the Website that we subsequently incorporate into the Website (or any other website, product or service of ours), you further acknowledge that (i) Seaspire shall own, and has all rights to use, such suggestions, and the Website (or any other website, product or service of ours) incorporating such new features and/or functionality shall be the sole and exclusive property of Seaspire and (ii) all such suggestions shall be free from any confidentiality restrictions.

4. Your Right to Access; No Reliance

Seaspire hereby grants you a limited, non-exclusive, revocable, non-transferable right to access and view the Website in accordance with the terms of this Agreement. This right does not give you any ownership or intellectual property interest in the Website or any Seaspire Material or Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Seaspire Material. All rights not expressly granted to you under this Agreement are reserved by Seaspire.

Any reliance you place on the Website, Seaspire Material and Third Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of or exposed to such materials. THE WEBSITE MAY PROVIDE GENERAL INFORMATION ABOUT COSMETICS AND HEALTH. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE MAKING MEDICAL CLAIMS OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL CARE BASED ON ANYTHING PRESENTED ON OR THROUGH THE WEBSITE. SEASPIRE IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES, AND INFORMATION AND ADVICE MADE AVAILABLE ON OR THROUGH THE WEBSITE SHOULD NOT BE USED FOR DIAGNOSING A HEALTH PROBLEM.

5. User Information

You grant to Seaspire a non-exclusive license to copy, use and display any and all data, information or communications (including personal data) provided by you while accessing the Website (“User Information”) to the extent necessary for Seaspire to operate the Website, its business and/or to facilitate interactions or transactions with you. You acknowledge that Seaspire exercises no control whatsoever over the content of the User Information and it is your sole responsibility, at your own expense, to provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Seaspire is under no obligation, however, to review User Information for accuracy, potential liability or for any other reason.

Please refer to our Privacy Policy for information regarding how we collect, use and disclose information about you in connection with your use of the Website and regarding how others collect, use and disclose information about you.

6. Electronic Communications

By visiting the Website or otherwise communicating with us, you consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Prohibited Acts

The following is a non-exhaustive list of activities that are prohibited in connection with your access, viewing and use of the Website:

A. copying, decompiling, reverse engineering, disassembling, attempting to derive the source code, modifying, transcribing, storing, translating, selling, leasing, transferring, distributing or creating derivative works of the Website, Seaspire Materials, Third Party Content and/or Trademarks;

B. web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Seaspire Materials, Third Party Content, Trademarks, or other proprietary information of Seaspire or its licensors;

C. uploading or distributing files that contain viruses, corrupted files or other software or programs that may damage the operation of the Website or computer systems of Seaspire and the Website’s users;

D. interfering with, disrupting or creating an undue burden on the Website;

E. removing, altering or obscuring any Trademark or other proprietary notice or legend of Seaspire or its licensors contained in or on the Website, Seaspire Materials and/or Third Party Content;

F. violating or attempting to violate the security of the Website or Seaspire’s computer systems or using the Website to violate the security of other websites by any method; and

G. using the Website, Seaspire Materials, Third Party Content and/or Trademarks in a manner inconsistent with this Agreement or applicable laws and regulations.

Seaspire may take whatever remedial action it determines in its sole discretion is appropriate if you engage in any prohibited acts, including, but not limited to, immediate suspension or termination of your access to the Website. You agree that disputes arising from an alleged violation of this Agreement or any intellectual property rights may result in Seaspire suffering irreparable harm and that, in the event of such a dispute, Seaspire or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.

8. International Visitors

We operate the Website and our business from the United States and international users of the Website agree to be subject to applicable laws in the United States. Please note that other countries may have laws and regulatory requirements that differ from those in the United States, and if you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.

9. Linking

A. Subject to the terms and conditions of this Agreement, you are permitted to link to our homepage for the Website. You may not link to the Website in a manner that may damage our reputation or take advantage of it or suggest an approval or endorsement without our prior written consent. You may not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized linking immediately to cease. We reserve the right to withdraw linking permission without notice.

B. The Website may contain links to independent third-party websites. We provide these websites solely for your convenience and do not control or endorse any of them. We are not and cannot be responsible for the content, security or privacy policies of such other websites.

10. Termination of Access; Remedies

A. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, including as a result of (i) requests by law enforcement or other government agencies, (ii) discontinuance or material modification of the Website or any service offered on or through the Website, (iii) unexpected technical issues or problems, or (iv) as a result of any violation of this Agreement by you or a party acting on your behalf. We similarly reserve the right to do any of the following, at any time, without notice: (x) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason, (y) modify or change the Website, or any portion of the Website, and any applicable policies or terms, and (z) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction or other changes.

B. If we take any legal action against you due to your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Website for any reason. You also agree that any violation by you of this Agreement will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

11. Disclaimer of Warranties

A. THE WEBSITE AND SEASPIRE MATERIAL ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. SEASPIRE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE WEBSITE AND SEASPIRE MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE.

B. SEASPIRE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY OR RELIABILITY OF ANY SEASPIRE MATERIAL. THE WEBSITE MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. SEASPIRE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, STALENESS OR OMISSIONS; HOWEVER, SEASPIRE UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE WEBSITE OR ANY SEASPIRE MATERIAL, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE DATE APPLIED TO THE WEBSITE SHOULD BE TAKEN TO INDICATE THAT ALL CONTENT HAS BEEN MODIFIED OR UPDATED.

C. SEASPIRE DOES NOT WARRANT THAT: (I) THE QUALITY OF THE WEBSITE OR SEASPIRE MATERIAL THAT YOU OBTAIN FROM SEASPIRE WILL SATISFY YOUR REQUIREMENTS OR MEET YOUR EXPECTATIONS, (II) THE WEBSITE WILL OPERATE UNINTERRUPTED AND ERROR-FREE OR (III) THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL MATERIAL. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE WEBSITE. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR BACKING UP ALL YOUR DATA.

D. SEASPIRE DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE WEBSITE.

E. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND VIEWING THE WEBSITE.

12. Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND VIEWING THE WEBSITE AND THE SEASPIRE MATERIAL AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SEASPIRE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE WEBSITE OR SEASPIRE MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEASPIRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indeminification

You agree to defend, indemnify and hold harmless Seaspire and its owners, officers, directors, employees, contractors, agents and advisors from and against any action, claim, demand, damages, liabilities, costs or expenses (including attorneys’ fees and court costs) arising out of: (a) your access, viewing or use of the Website, (ii) any conduct by you that actually or allegedly violates the terms of this Agreement, or (iii) your actual or alleged failure to comply with any applicable laws and regulations.

14. General Provisions

A. Relationship Between the Parties. This Agreement shall not be construed as creating any agency, partnership, joint venture or other similar legal relationship between you and Seaspire; nor will either party hold itself out as an agent, partner or joint venture party of the other party.

B. Waiver. No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by all parties to be bound thereto.

C. Governing Law. This Agreement and all claims arising out of, related to, or in any way associated with it shall be construed and governed in all respects according to the laws of the Commonwealth of Massachusetts without regard to the conflict of law provisions thereof. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. You specifically acknowledge and agree to the foregoing agreed upon statute of limitations.

D. Assignment. Seaspire may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Seaspire.

E. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.

F. Entire Agreement. This Agreement constitutes the entire agreement between you and Seaspire with respect to your use of the Website. Any purported modification or amendment shall be void unless such modification or amendment was authorized and published by Seaspire.

15. Contact Information

If you have questions or concerns with respect to this Agreement, please contact Seaspire by e-mail at contact@seaspireskincare.com, or by mail directed to 501 Massachusetts Ave Cambridge, MA 02139.

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