Terms of Use

The GIST℠ United States Terms Of Use

Updated: May 1, 2020

The GIST℠ (“the Site”) is sponsored by Allergan USA, Inc. and owned by Allergan USA, Inc. ("Allergan"), image Dermatology Marketing, Corp. and Drs. Ruth Tedaldi, Doris Day, Ava Shamban, and Sabrina Fabi (collectively, “the Owners” or “we”).  These Terms of Use are a binding agreement between you and the Owners and govern your access and use of the Site, which includes any information, data, tools, products, services and other content (together, "Content") available on or through the Site.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH THE OWNERS ON AN INDIVIDUAL BASIS. PLEASE SEE “ARBITRATION” BELOW FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND THE OWNERS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS WIDE ARBITRATION, OR JURY TRIAL.

As we may revise these Terms of Use from time to time, you should review them periodically. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement, found here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Statement, you must not access or use the Site.

Medical Advice Disclaimer

NO INFORMATION IN THIS SITE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF ANY ALLERGAN OR OTHER PRODUCTS. WHILE THE OWNERS PROVIDE VIEWERS WITH GENERAL INFORMATION, WE CANNOT AND DO NOT PROVIDE MEDICAL ADVICE. THE OWNERS CANNOT ANSWER COMMUNICATIONS REQUESTING PERSONAL MEDICAL ADVICE RELATING TO THE SITE OR THE CONTENT.

VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY DECISIONS OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.

Privacy Statement

The Owners’ Privacy Statement is a part of these Terms of Use. Use of this Site indicates your consent to the collection and use of your Personal Data as set forth in the Privacy Statement.

Permitted Use

This Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Owners and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

The Owners grants you a limited right to use the Site only for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site.

Copyrights and Trademarks

The Site and the Content contain copyrighted materials, trademarks, and other proprietary materials that are owned by the Owners, their affiliates and/or third parties and are protected by intellectual property laws of the United States and other countries. Allergan-owned product names, logos, slogans and registered and unregistered trademarks and service marks that are used or displayed on the Site (collectively, the “Trademarks”) are the exclusive property of Allergan or its affiliates. No use of the Trademarks may be made without Allergan’s prior written authorization, except to identify the product or services of the company. Other product names, logos, trademarks, and service marks appearing on the Site that are not owned by Allergan may not be used without express permission from its owner.

You should assume that all Content of the Site is copyrighted unless otherwise noted and may not be used, copied, reproduced, downloaded, modified, published, distributed, transmitted, or exploited, in whole or in part, in any form or by any means, except as provided herein and without the express written permission of the Owners or the original creator of the material.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any intellectual property of Allergan or any third party.

User Responsibility

Each person assumes full responsibility and all risks arising from use of the Site.

IN NO EVENT SHALL ANY OF THE OWNERS, THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, DATA PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER ALLERGAN OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES TO, OR FOR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT.

IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND THE OWNERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE.

THE OWNERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

THE OWNERS MAKE NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE DATA CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that the Owners may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Owners’ liability will be equal to the minimum permitted under such applicable law.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE OWNERS, THEIR AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE, TO THE FULLEST EXTENT ALLOW BY LAW.

You further agree that any claim related to this Site must be filed within one year after it arises in a binding individual arbitration—see “Arbitration” section below.

De-Identified Data

The Owners reserve the right to de-identify and/or aggregate any data that you transmit to, or post on, this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like.  The Owners will treat this de-identified or aggregated data as non-confidential and nonproprietary data. The Owners and any of their affiliates may use such de-identified or aggregated data for any purpose permitted by and in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our affiliates shall be free to use such de-identified or aggregated data, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose permitted by and in accordance with applicable laws and regulations, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such data. Please consult our Privacy Statement for more information about how we treat your data.

Links to the Site From Other Websites

The Owners encourage other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include the Site’s logo or other intellectual property. We strictly prohibit any suggestions of the Owners’ endorsement or recommendation of a specific company, product, or service. You are free to establish a hypertext link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by the Owners. Without the prior written permission of the Owners, you may not frame or scrape any of the content on the Site nor incorporate into another website or other service any intellectual property of the Owners. The Owners reserve the right on demand, as the Owners in its discretion thinks fit, to direct you to remove any links to the Site or the Owners’ names from your site. Without prejudice to the Owners’ authority and discretion under this paragraph and the paragraph above, you will not link to the Site, or refer to the Owners’ names and/or logos, from any site that is indecent or inappropriate, or in any other way incompatible with the Owners’ reputations.

Links From the GIST to other Websites

This Site may include links to other sites including a link to The Gist YouTube℠ channel. These links are provided for purposes of convenience. Links to YouTube and any other third-party sites are not a referral or endorsement of any entity or site (which includes any information, data, tools, products, services, and other content). The Owners are not responsible for the availability, content, accuracy, privacy practices or terms of use of other sites, services or goods that may be linked to from this Site.  YouTube’s privacy statement and terms of use govern the collection and use of data on the YouTube channel.   The Owners are not responsible or liable for any damages or injury arising from any information, data, tools, products, services, other content, or non-compliance with any laws of another site, including any affiliate marketing site. You release the Owners from any damages that you may incur, and agree not to assert any claims against the Owners, arising from your use of a third-party site that is linked to from this Site, including but not limited to any purchase or use of third-party supplied information, data, tools, products, services, or other content.

Some of the links on this Site may be affiliate links for affiliate marketing purposes. This means that our affiliates, which may be third-party companies or Allergan companies, can identify that you clicked through to their site using the affiliate link from this Site, and the Owners or the third party may get a commission when you purchase anything from the affiliated companies.

Jurisdiction

Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.

Indemnification

You agree to defend, indemnify, and hold harmless the Owners, their affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At the Owners’ sole discretion, they may require You to submit any disputes arising from the use of these Terms of Use or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. You agree that any disputes arising from the use of these Terms of Use or the Site will be arbitrated on an individual basis. By entering into these terms, you and Allergan are each waiving the right to a trial by jury or to participate in a class action.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Owners of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Owners to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Reservation of Rights

The Owners reserve the right to alter or delete material from this Site at any time without notice. Please check often for updates, as we reserve the right, in our sole discretion, to modify these Terms of Use at any time, and your use of the Site indicates your acceptance of any revisions to these terms.

The Owners’ failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

The Owners may assign its ownership, control, or other rights to any party at any time without any notice to you. Your rights and duties cannot be assigned without the Owners’ written consent. Nothing in these Terms of Use provides any third party with any remedy, claim, or cause of action.

Entire Agreement

The Terms of Use and our Privacy Statement constitute the sole and entire agreement between you and the Owners regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Your Comments and Concerns

This website is operated by Allergan.  All feedback, comments, requests for technical support, notices of copyright infringement, and other communications relating to the Site should be directed to thegistshow@allergan.com.