TERMS
To use Dermal Photonics Corporation’s (“Dermal Photonics”, maker of NIRA branded products including NIRA Temp) website as well as any other media form, media channel, mobile website or other mobile application related, you must accept the Terms and Conditions set forth below. Please read these terms in full before using our website and/or mobile applications. Dermal Photonics may at any time revise these terms by updating this posting without notice.
You agree that by accessing the Site and/or the Product Offerings (including but not limited to the NIRA Temp thermometer), you have read, understood, and agree to be bound by all of these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these terms and conditions you will not be permitted to use this site.
These Terms, together with the Privacy Policy, and any legal notices published by Dermal Photonics on the website or mobile applications, shall constitute the entire agreement between Dermal Photonics and the User concerning use of the Site and mobile applications.
The materials contained in this website and affiliated applications are protected by applicable copyright and trade mark law. All information and graphics on this website and mobile applications may be used for informational purposes only. Use for purposes such as modification, reproduction, distribution, and all other forms of falsification and infringement is entirely forbidden unless a stated written contract agreement has been issued directly from this company.
You may only access our mobile applications by downloading it from the Apple App Store, Google Play, or Dermal Photonics developer approved sources. These Terms are only applicable to the use of our website and mobile applications. We do not have any control over third-party websites or applications and we disclaim all liability from your use of those third-party websites and applications. You should be sure to review any third-party website’s terms of use and conditions and privacy policies when you choose to download our mobile application through such third-party website.
We reserve the right to limit the quantities of the Product Offerings offered or available on the Site. All descriptions or pricing of the Product Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product Offerings at any time for any reason. We do not warrant that the quality of any of the Product Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting content, suggestions, or other feedback to Dermal Photonics, you automatically agree that the owner of such content has expressly granted Dermal Photonics, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute the content (in whole or in part) worldwide and/or to incorporate it into other works in any form, media or technology now known or hereby developed.
The NIRA Temp iOS application, if allowed in privacy settings, can save data pertaining to whether or not you are within a given radius of your organization. However, the NIRA Temp iOS application will never send your specific GPS location to the cloud and our NIRA data servers will never store your specific location with data from the iOS application. The iOS application will never allow anyone at NIRA or anyone using NIRA products to view your specific GPS location.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You are responsible for taking steps to protect yourself from unauthorized use of your username or password. We are not responsible for breaches of confidentiality or security caused by you or an independent third party.
We may merge other sources and other anonymous and aggregate demographic data with data we collect from you to generate statistical aggregate data. No individual identifiable information is included in this aggregate data when it is shared.
DISCLAIMER
The materials on Dermal Photonics', or NIRA’s, website are provided “as is”. Dermal Photonics makes no warranties, expressed or implied, and hereby disclaims and negates other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Dermal Photonics does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this Site. You are fully and solely responsible for any decisions or actions taken (including medical decision) with respect to any data or information provided by or as a result of Dermal Photonics products, software and services.
LIMITATION OF LIABILITY
Dermal Photonics does not represent or warrant that the Site will be accessible or available on a timely basis, or that access to this website will be uninterrupted or without technical inaccuracies or typographical errors. This website is distributed on an “as is” basis, without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Information may be changed without notice. Dermal Photonics may also make improvements and/or changes in the products and/or programs described in this information any time without notice.
In no event will Dermal Photonics (any of its officers, directors, employees, agents, representatives, suppliers, information providers or licensors) be liable for any direct, indirect, incidental, special, consequential, punitive or other damages (including, without limitation damages for loss of data or profit, or due to business interruption), even if Dermal Photonics or a Dermal Photonics authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
LINKS
Dermal Photonics has not reviewed all of the sites linked to its Site and is not responsible for the contents of such linked site. The inclusion of any link does not imply endorsement by Dermal Photonics of the site. Use of any such linked site is at the user’s own risk.
GOVERNING LAW
Any disputes arising therefrom shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.
QUESTIONS
If you have any questions about our Terms and Conditions or Privacy Policy, please contact us: Dermal Photonics Corporation, 200 Corporate Place, Suite 2B, MA 01960 USA / +1 877-607-NIRA (Monday through Friday 9am-5pm EST USA) / info@niraskin.com
at checkout and use your credit or debit card.