All use of the Erchonia Marketing Library is governed by these Terms of Use. If you do not accept these Terms of Use, you may not make any use of the Materials (defined below).

 

  1. Acceptance. You accept these Terms of Use by clicking the I ACCEPT button when you first log into the Erchonia Marketing Library. In addition, by logging into the Erchonia Marketing Library web pages using your User ID (or email address), entering your account password, or by making any use of the Erchonia Marketing Library, you confirm your acceptance of these Terms of Use.
  2. Definitions: The subparagraphs below set forth the terms used in this agreement and their respective definitions.
    1. “Erchonia” means Erchonia Corporation.
    2. “Erchonia Marketing Library” means all of the Materials located on the Erchonia website and made available to you upon your qualification and acceptance to access these pages.
    3. “Materials” means any materials located in the Erchonia Marketing Library. Materials include:
      1. Trademarks and trade names of Erchonia, trade names of Erchonia products; Erchonia logos and logos used with the Erchonia products;
      2. Photographs, drawings and images of the Erchonia products, and advertising photographs, drawings and images used in the promotion and advertising of Erchonia products;
      3. Written descriptions of the Products;
      4. Research materials related to the Products or other research materials related to Erchonia, its Products and the techniques and procedures used by Erchonia, and background materials related to the industry;
      5. Any other materials included in the Erchonia Marketing Library.
    4. “Products” or “Erchonia Products” means all of the products manufactured and offered by Erchonia. Erchonia has the right to include or remove Materials related to any of its Products at any time from the Library.
    5. “You” or “you” means you, the authorized user of the Erchonia Marketing Library.
  1. License to Use Materials. Subject to your compliance with these Terms of Use, Erchonia grants you a limited license to use the Materials available in the Erchonia Marketing Library. This license is subject to the following restrictions:
    1. You may use the Materials only in connection with your advertising, marketing and promotion of Erchonia Products.
    2. For any “before and after” photos or images, you must include an acknowledgment listing the originating doctor’s name.
    3. You cannot edit or alter the content of any the Materials without the prior express written consent of Erchonia,although you may adjust the size of the images to fit the media in which they appear. If you believe that any of the Materials may need to be edited or revised to comply with any applicable legal requirements, please promptly advise Erchonia prior to publishing any Materials.
    4. You are solely responsible to ensure that any advertising for the Erchonia Products complies with all applicable laws and regulations in the State in which you are located. Without limiting the foregoing, you acknowledge and agree that you are solely responsible to ensure that all advertising is done in compliance with any advertising laws, rules, or regulations that may be applicable to you or your professional practice. As a material inducement for Erchonia’s assistance in preparing any advertising or providing materials to you, you agree to indemnify and hold Erchonia harmless from any claims brought by any third party that the advertising published by you violates any State or local law, rule, or regulation.
    5. You agree that you will, at all times, comply with all policies, procedures and reasonable instructions of Erchonia regarding the use of the Materials.
    6. Any use of the Materials in any advertising, marketing or promotional media shall be approved in advance by the Vice-President of Sales and Marketing for Erchonia, Charles Shanks.
    7. Erchonia may at any time give you notice to discontinue the use of any Materials. You agree to comply with any instructions Erchonia may give you regarding the use of any of the Materials or requiring you to cease using any of the Materials.
    8. You may not use any Materials in the Erchonia Marketing Library for the purpose of marketing or promoting any products other than Erchonia Products, or for the purpose of marketing or promoting any professional services which involve the use of any products other than Erchonia Products. Without limiting the foregoing, you may not use the Materials to promote any products or services which are competitive with the Erchonia Products.
    9. You will only use the Materials in a manner which is designed to preserve and enhance the goodwill and reputation of Erchonia. Any use of the Materials which is likely to cause harm or damage to the goodwill and reputation of Erchonia is prohibited.
  2. Termination.
    1. Erchonia may terminate your right to access or use the Erchonia Marketing Library at any time upon reasonable notice. Upon receiving such notice, you agree to immediately cease all use of any Materials.
    2. In addition, your right to use the Materials, or to access the Erchonia Marketing Library, will cease immediately upon (i) your breach of any of these Terms of Use; (ii) you ceasing to own any Erchonia Products; or (iii) your license as a health care professional is suspended or terminated.
    3. You may terminate this agreement at any time by giving Erchonia written notice of termination. Upon providing such notice to Erchonia, you must immediately cease all use of the Materials, destroy any marketing, advertising or promotional items in your possession or control which contain any copy of any of the Erchonia Materials and permanently remove any and all electronic copies of the Materials from any computer systems in your possession or control.
  3. Copyright and Trademark. All intellectual property rights in the Materials, including copyright, are owned by Erchonia (unless specifically indicated otherwise in the Materials). All goodwill associated with your use of any Erchonia trademarks will inure to the benefit of Erchonia.
  4. Disclaimer of Warranties. Erchonia disclaims any warranties of any kind with regard to the Materials. You are solely responsible for the content of any advertising, marketing or promotional pieces prepared by you, whether or not you have incorporated any Materials into such pieces.