Welcome to the Viveve, Inc. (“Viveve”) web site at www.viveve.com (or successor URLs) (collectively, the “Site”). The following Terms of Use for the Site is a legal contract between you, either an individual visitor or user of at least 18 years of age, and Viveve regarding your use of the Site. Visitors and users of the Site are referred to individually as “User” and collectively as “Users”.

Acceptance of Terms. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE”).

  1. Eligibility. THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY VIVEVE. By using the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site by Viveve. This web site contains information about products and procedures under investigation or cleared for use in countried outside of the United States. You may see information on this web site about products or therapies that are not approved or marketed in the United States or in your country.
  2. Privacy Policy. Your privacy is important to Viveve. Viveve’s Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this notice carefully for information relating to Viveve’s collection, use, and disclosure of your personal information.
  3. Modification of these Terms. Viveve reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.  Please check these Terms of Use periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.
  4. Ownership; Proprietary Rights. The Site is owned and operated by Viveve. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software and all other elements of the Site provided by Viveve (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the property of Viveve or its affiliates and/or third-party licensors.  Viveve hereby grants you a nontransferable, nonexclusive license to use the information and other Materials contained on the Site solely for your own personal non-commercial use and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, modify, publicly perform, transmit, publish, edit, adapt, create derivative works from, or incorporate the Materials into other documents, websites, or publications or otherwise make unauthorized use of the Materials. Viveve reserves the right to modify, in part or in whole, or temporarily or permanently discontinue or remove any Materials from the Site, at any time without notice to you, and without liability to you.  All trademarks, logos and service marks displayed on the Site, whether registered or unregistered, are owned exclusively by Viveve or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. Viveve reserves all rights not expressly granted in this Terms of Use.
  5. No Medical Advice.  BY USING THE SITE, YOU ACKNOWLEDGE THAT VIVEVE IS PROVIDING THE MATERIALS FOR INFORMATIONAL PURPOSES ONLY AND THAT THE MATERIALS ARE NOT PROVIDED TO YOU FOR THE PURPOSE OF GIVING YOU MEDICAL ADVICE, OR INSTRUCTION ON THE APPROPRIATE USE OF PRODUCTS PRODUCED OR SUPPLIED BY VIVEVE, ITS AFFILIATES OR ITS PARTNERS, LICENSORS OR SUPPLIERS. YOU SHOULD NOT RELY ON THE MATERIALS IN THE SITE IN DECIDING ON A TREATMENT PLAN OR IN EVALUATING ANY OTHER MEDICAL ADVICE REGARDING ANY DISEASE OR MEDICAL CONDITION, AND VIVEVE, ITS AFFILIATES AND ITS PARTNERS, LICENSORS AND SUPPLIERS STRONGLY URGE THAT YOU CONSULT WITH A PHYSICIAN IN CONNECTION WITH ANY AND ALL TREATMENT OPTIONS THAT MAY BE AVAILABLE TO YOU. THE DEVICES AND PROCEDURES DESCRIBED ON THIS SITE ARE SUBJECT TO FEDERAL AND INTERNATIONAL LAWS GOVERNING THE USE AND/OR SALE OF SUCH DEVICES AND PROCEDURES. NOTHING IN THIS SITE IS INTENDED TO CONSTITUTE A CLAIM OR INDICATION FOR CLINICAL USES OF THE DEVICES AND PROCEDURES DESCRIBED. THE CLINICAL INDICATIONS AND RECOMMENDED USES OF THE DEVICES DESCRIBED ON THIS SITE ARE LIMITED SOLELY AND EXCLUSIVELY TO THOSE EXPRESSLY STATED IN THE INDICATIONS FOR USE FOR SUCH DEVICES AS APPROVED OR CLEARED BY REGULATORY AUTHORITIES.
  6. Prohibited Conduct.
    BY USING THE SITE YOU AGREE NOT TO:
    6.1    use the Site for any purposes other than to access information offered by Viveve;
    6.2    rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
    6.3    impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
    6.4    delete the copyright or other proprietary rights on the Site; 6.5    use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
    6.6    remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
    6.7    reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
    6.8    intentionally interfere with or damage operation of the Site or any User’s enjoyment of the Site, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
  7. Third-Party Sites, Products and Services; Links.  The Site may include links or references to other external web sites or services solely as a convenience to Users (“Reference Sites”).  Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Viveve has no control.  Viveve does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
  8. Termination.
    8.1    Viveve. You agree that Viveve, in its sole discretion, for any or no reason, and without penalty, may terminate your use of and access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or portion thereof may be effected without prior notice, and you agree that Viveve will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Viveve may have at law or in equity.
    8.2    You. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms of Use, (iii) any policy or practice of Viveve in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate these Terms of Use. You may terminate these Terms of Use at any time by discontinuing use of any and all parts of the Site.
  9. Indemnification. You agree to indemnify, save, and hold Viveve, its affiliates, contractors, employees, agents and its partners, licensors and suppliers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Viveve reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Viveve, and you agree to cooperate with Viveve’s defense of these claims.  Viveve will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
  10. Disclaimers; No Warranties.
    10.1    No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIVEVE, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIVEVE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10 THE TERM VIVEVE INCLUDES VIVEVE’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
    10.2    Forward Looking Statements. THE SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS. THESE STATEMENTS RELATE TO FUTURE EVENTS OR THE FUTURE PERFORMANCE OF VIVEVE. VIVEVE HAS ATTEMPTED TO IDENTIFY THESE STATEMENTS BY TERMINOLOGY INCLUDING “ANTICIPATE,” “BELIEVE,” “CAN,” “CONTINUE,” “COULD,” “ESTIMATE,” “EXPECT,” “INTEND,” “MAY,” “PLAN,” “POTENTIAL,” “PREDICT,” “SHOULD,” OR “WILL” OR THE NEGATIVE OF SUCH TERMINOLOGY OR OTHER COMPARABLE TERMINOLOGY. SPECIFICALLY, STATEMENTS CONCERNING CLINICAL TRIAL TIMELINES AND EXPECTATIONS REGARDING CLINICAL TRIAL DESIGN ARE FORWARD-LOOKING STATEMENTS. THESE STATEMENTS ARE ONLY PREDICTIONS AND INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES, AND OTHER FACTORS. THE INFORMATION IN SUCH DISCUSSIONS COVERS CERTAIN RISKS, UNCERTAINTIES, AND POSSIBLE INACCURATE ASSUMPTIONS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THE EXPECTED AND HISTORICAL RESULTS. UNDUE RELIANCE SHOULD NOT BE PLACED ON FORWARD-LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE THEY ARE MADE. VIVEVE UNDERTAKES NO OBLIGATION TO UPDATE PUBLICLY ANY FORWARD-LOOKING STATEMENTS TO REFLECT NEW INFORMATION, EVENTS OR CIRCUMSTANCES AFTER THE DATE THEY WERE MADE, OR TO REFLECT THE OCCURRENCE OF UNANTICIPATED EVENTS.
  11. Limitation of Liability and Damages. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VIVEVE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ON ANY OTHER LEGAL THEORY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR ANY REFERENCE SITES OR ANY MATERIALS CONTAINED ON THIS SITE, OR ANY OTHER INTERACTIONS WITH VIVEVE, EVEN IF VIVEVE OR A VIVEVE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VIVEVE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR PARTNERS, LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
  12. Miscellaneous. These Terms of Use constitute the entire agreement between you and Viveve and govern your use of the Site, superseding any prior agreements between you and Viveve (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by Viveve.

Waiver of terms These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The failure of Viveve to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against Viveve and its affiliates, contractors, employees, agents, or partners, licensors or suppliers, arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings and titles in these Terms of Use are for convenience only and have no legal or contractual effect.